Reflections on China's WTO accession commitments and their observance

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. ISSN 1011-6702

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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: © 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.
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 10 Aug 2014 02:29
Last Modified: 06 Jan 2015 05:31
Uncontrolled Keywords: international trade law; Chinese international relations
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180117 International Trade Law
16 Studies in Human Society > 1606 Political Science > 160607 International Relations
14 Economics > 1402 Applied Economics > 140210 International Economics and International Finance
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
B Economic Development > 91 Economic Framework > 9103 International Trade > 910301 International Agreements on Trade
URI: http://eprints.usq.edu.au/id/eprint/25618

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