Reflections on China's WTO accession commitments and their observance

Article


He, Ling Ling and Sappideen, Razeen. 2009. "Reflections on China's WTO accession commitments and their observance." Journal of World Trade. 43 (4), pp. 847-871.
Article Title

Reflections on China's WTO accession commitments and their observance

ERA Journal ID17283
Article CategoryArticle
AuthorsHe, Ling Ling (Author) and Sappideen, Razeen (Author)
Journal TitleJournal of World Trade
Journal Citation43 (4), pp. 847-871
Number of Pages25
Year2009
Place of PublicationAlphen aan den Rijn, Netherlands
ISSN1011-6702
2210-2795
Abstract

China was one of the original contracting parties to General Agreement on Tariffs and Trade (GATT) 1947. It ceased to be a member in the aftermath of her 1949 Revolution and establishment of an alternative seat of government by the 'Nationalist Party' in Taiwan. Following more than fifteen years of sustained negotiation, China once again became a member of the World Trade Organization (WTO) – its 143rd member – in December 2001. In the period between the original GATT agreement of 1947 and the Uruguay Round WTO agreement of 1994, GATT itself had been transformed from being an effete, uncoordinated body to the dominant force in international trade it now is. This article examines the reasons that prompted China to press on with her attempt to rejoin the international trading body in the face of the reputedly onerous accession commitments she was required to fulfil, and of the skirmishes she continues to have with some of the major players in the WTO, namely the EU and the US on her progress in fulfilling these commitments. This article is divided into the following four sections. Section 1 provides a historical perspective of the evolution of China's foreign trade-related laws and its decision to regain membership of the WTO. Section 2 discusses the changes to China's domestic trade laws to comply with the WTO laws, mainly the GATT, General Agreement on Trade in Services (GATS), and Trade-Related Aspects of Intellectual Property Rights (TRIPS), as required by the Protocol on the Accession of the People's Republic of China (PRC). Section 3 discusses some continuing issues relating to the fulfilment of her accession commitments, and Section 4 concludes by an evaluation of the progress made thus far and of future directions relating to the legal convergence of China's trade-related laws and the WTO laws.

Keywordsinternational trade law; Chinese international relations
ANZSRC Field of Research 2020480308. International trade and investment law
440808. International relations
380110. International economics
Public Notes

© 2009 Kluwer Law International BV, The Netherlands. This publication is copyright. It may be reproduced in whole or in part for the purposes of study, research, or review, but is subject to the inclusion of an acknowledgment of the source.

Byline AffiliationsUniversity of Western Sydney
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q2839/reflections-on-china-s-wto-accession-commitments-and-their-observance

  • 1718
    total views
  • 8
    total downloads
  • 1
    views this month
  • 0
    downloads this month

Export as

Related outputs

Chinese state-owned enterprises and foreign investment regulation in Australia
He, Ling Ling. 2018. "Chinese state-owned enterprises and foreign investment regulation in Australia." Australian Business Law Review. 46 (5), pp. 272-290.
International regulation of investment by state-owned enterprises: a comparative perspective
He, Ling Ling. 2018. "International regulation of investment by state-owned enterprises: a comparative perspective." Journal of Comparative Law. 13 (2), pp. 189-216.
Protecting your brand: intellectual property for value added exports
Nugent, Timothy, Woodhead, Alice and He, Ling Ling. 2016. Protecting your brand: intellectual property for value added exports. Toowoomba, Australia. Unpublished.
Protecting food brands in China
He, Ling Ling, Woodhead, Alice and Nugent, Timothy. 2016. Protecting food brands in China. Toowoomba, Australia. Unpublished.
The Trans-Pacific Partnership: a quest for a twenty-first century trade agreement (English-Chinese translation)
Zhao, Xiaobo and He, Ling Ling. Lim, C. L., Elms, Deborah K. and Low, Patrick (ed.) 2016. The Trans-Pacific Partnership: a quest for a twenty-first century trade agreement (English-Chinese translation). China. Cambridge University Press.
Reassessing the Australia-China Free Trade Agreement negotiation process
He, Ling Ling. 2015. "Reassessing the Australia-China Free Trade Agreement negotiation process." Frontiers of Law in China. 10 (4), pp. 714-731. https://doi.org/10.3868/s050-004-015-0039-1
Dispute resolution in investment treaties: balancing the rights of investors and host states
Sappideen, Razeen and He, Ling Ling. 2015. "Dispute resolution in investment treaties: balancing the rights of investors and host states." Journal of World Trade. 49 (1), pp. 85-116.
In the shadow of the Australia-China Free Trade agreement negotiation: obstacles and suggestions
He, Ling Ling. 2010. "In the shadow of the Australia-China Free Trade agreement negotiation: obstacles and suggestions." 2nd Biennial Global Conference of the Society of International Economic Law (SIEL 2010). Barcelona, Spain 08 - 10 Jul 2010 London, United Kingdom. https://doi.org/10.2139/ssrn.1632471
Investor-state arbitration : the changing landscape
He, Ling Ling. 2012. "Investor-state arbitration : the changing landscape." 2012 Australian and New Zealand Society of International Law and Asian Society of International Law Joint Conference on International law and Justice. Sydney, Australia 25 - 26 Oct 2012 Canberra, Australia.
Some reflections on the Australia-China Free Trade Agreement negotiation process
He, Ling Ling. 2012. "Some reflections on the Australia-China Free Trade Agreement negotiation process." Bell, Felicity, McKay, Carolyn, Orchiston, Tashina, Sapienza, Amanda, Steele, Linda and Walsh, Greg (ed.) Sydney Law School 2012 Postgraduate Conference: Crossing Boundaries. Sydney, Austalia 01 - 02 Nov 2012 Sydney, Australia.
Mapping anti-dumping disputes from 1995 to 2011: the changing pattern
He, Ling Ling and Sappideen, Razeen. 2012. "Mapping anti-dumping disputes from 1995 to 2011: the changing pattern." Journal of World Investment and Trade. 13 (1), pp. 125-143. https://doi.org/10.1163/221190012X621562
Overseas trade law: observations on the Australia-China Free Trade Agreement negotiation process
Sappideen, Razeen and He, Ling Ling. 2010. "Overseas trade law: observations on the Australia-China Free Trade Agreement negotiation process." Australian Business Law Review. 38 (4), pp. 257-264.
The payment system in China
He, Ling Ling and Sappideen, Razeen. 2008. "The payment system in China." Journal of International Banking Law and Regulation. 23 (3), pp. 168-174.
On eliminating non-tariff barriers in a time of worldwide economic crisis: China's role
Sappideen, Razeen and He, Ling Ling. 2010. "On eliminating non-tariff barriers in a time of worldwide economic crisis: China's role." Macquarie Journal of Business Law. 7, pp. 32-52.
Dispute settlement under free trade agreements: the proposed Australia-China free trade agreement
Sappideen, Razeen and He, Ling Ling. 2011. "Dispute settlement under free trade agreements: the proposed Australia-China free trade agreement." Journal of World Investment and Trade. 12 (4), pp. 581-602.
China's WTO participation in anti-dumping disputes (2001-2011)
He, Ling Ling. 2012. "China's WTO participation in anti-dumping disputes (2001-2011)." Frontiers of Law in China. 7 (4), pp. 616-643. https://doi.org/10.3868/s050-001-012-0029-2
Investor-state arbitration: the roadmap from the multilateral agreement on investment to the trans-Pacific partnership agreement
Sappideen, Razeen and He, Ling Ling. 2012. "Investor-state arbitration: the roadmap from the multilateral agreement on investment to the trans-Pacific partnership agreement." Federal Law Review. 40 (2), pp. 207-227.
Investor-state arbitration under bilateral trade and investment agreements: finding rhythm in inconsistent drumbeats
He, Ling Ling and Sappideen, Razeen. 2013. "Investor-state arbitration under bilateral trade and investment agreements: finding rhythm in inconsistent drumbeats." Journal of World Trade. 47 (1), pp. 215-242.
On re-invigorating the Australia-China Free Trade Agreement negotiation process
He, Ling Ling. 2013. "On re-invigorating the Australia-China Free Trade Agreement negotiation process." Journal of World Investment and Trade. 14 (4), pp. 672-696. https://doi.org/10.1163/22119000-01404004
Dumping and anti-dumping measures
Sappideen, Razeen and He, Ling Ling. 2013. "Dumping and anti-dumping measures." Carr, Indira, Alam, Shawkat and Hossain Bhuiyan, Md Jahid (ed.) International trade law and the WTO. Sydney, Australia. Federation Press. pp. 166-206
Free trade agreements and the US-China-Australia relationship in the Asia-Pacific region
He, Ling Ling and Sappideen, Razeen. 2013. "Free trade agreements and the US-China-Australia relationship in the Asia-Pacific region." Asia Pacific Law Review. 21 (1), pp. 55-76.