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5 - The WTO and the Rule of Law in China

from Part II - Political and Economic Implications of China’s WTO Membership

Published online by Cambridge University Press:  14 September 2023

Henry Gao
Affiliation:
Singapore Management University
Damian Raess
Affiliation:
University of Bern
Ka Zeng
Affiliation:
University of Arkansas
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Summary

The development of the rule of law in China is a matter of critical importance to its social and economic development. It is also critical to its trading partners, which agreed to China’s accession to the WTO based in part on its commitment to fully implement the rule of law. Under the current leadership, however, China has halted its progress toward the goal established by the prior leadership and enshrined in its WTO commitments. The failure to follow through on its commitment to the rule of law and the reductions in market access generated by the current leadership’s efforts to reassert control of the state sector of China’s economy, have raised serious questions regarding China’s compliance with its WTO commitments. The WTO dispute settlement procedures establish a means for holding China to its commitments. In particular, those procedures allow for complaints not only for outright violations of a member’s commitments but also actions a member takes that “nullify or impair” (i.e., undercut) the benefits its trading partners reasonably expected would accrue from previous commitments. The chapter outlines the basis on which China’s trading partners might pursue such a claim.

Information

Type
Chapter
Information
China and the WTO
A Twenty-Year Assessment
, pp. 109 - 131
Publisher: Cambridge University Press
Print publication year: 2023
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

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