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Article: Taming the Dragon: China's Experience in the WTO Dispute Settlement System

TitleTaming the Dragon: China's Experience in the WTO Dispute Settlement System
Authors
Issue Date2007
PublisherKluwer Law International. The Journal's web site is located at http://www.kluwerlawonline.com/productinfo.php?pubcode=LEIE
Citation
Legal Issues of Economic Integration, 2007, v. 34 n. 4, p. 369-392 How to Cite?
AbstractTo many observers, a major challenge raised by China's accession to the WTO is whether the WTO dispute settlement system could cope with China, one of the major traders in the world with an economy that is halfway between a planned economy and a market economy. In this article, the author tries to answer this question by reviewing China's experience in the WTO dispute settlement system. Historically, the senior leadership in China attached disproportionate importance to the WTO dispute settlement system and preferred to avoid using the system. Thus, in the first four cases in which China was sued or threatened to be sued in the WTO, China tried to keep a low profile and settled the cases with the complainants. As more and more cases are being brought against China, however, the effectiveness of the WTO dispute settlement system as a trade policy tool in dealing with China has gradually faded away. This is illustrated by China's reactions to the cases brought against it over the past two years, where China has taken a more and more legalistic approach. While China, just as any other WTO Member, has every right to use the WTO dispute settlement system, an over-aggressive strategy against China runs the risk of dragging everyone into trade wars, which is not conducive to the solution of trade disputes.
Persistent Identifierhttp://hdl.handle.net/10722/74947
ISSN
2015 SCImago Journal Rankings: 0.224

 

DC FieldValueLanguage
dc.contributor.authorGao, HSen_HK
dc.date.accessioned2010-09-06T07:06:20Z-
dc.date.available2010-09-06T07:06:20Z-
dc.date.issued2007en_HK
dc.identifier.citationLegal Issues of Economic Integration, 2007, v. 34 n. 4, p. 369-392en_HK
dc.identifier.issn1566-6573en_HK
dc.identifier.urihttp://hdl.handle.net/10722/74947-
dc.description.abstractTo many observers, a major challenge raised by China's accession to the WTO is whether the WTO dispute settlement system could cope with China, one of the major traders in the world with an economy that is halfway between a planned economy and a market economy. In this article, the author tries to answer this question by reviewing China's experience in the WTO dispute settlement system. Historically, the senior leadership in China attached disproportionate importance to the WTO dispute settlement system and preferred to avoid using the system. Thus, in the first four cases in which China was sued or threatened to be sued in the WTO, China tried to keep a low profile and settled the cases with the complainants. As more and more cases are being brought against China, however, the effectiveness of the WTO dispute settlement system as a trade policy tool in dealing with China has gradually faded away. This is illustrated by China's reactions to the cases brought against it over the past two years, where China has taken a more and more legalistic approach. While China, just as any other WTO Member, has every right to use the WTO dispute settlement system, an over-aggressive strategy against China runs the risk of dragging everyone into trade wars, which is not conducive to the solution of trade disputes.-
dc.languageengen_HK
dc.publisherKluwer Law International. The Journal's web site is located at http://www.kluwerlawonline.com/productinfo.php?pubcode=LEIEen_HK
dc.relation.ispartofLegal Issues of Economic Integrationen_HK
dc.rightsLEGAL ISSUES OF ECONOMIC INTEGRATION . Copyright © Kluwer Law International.en_HK
dc.titleTaming the Dragon: China's Experience in the WTO Dispute Settlement Systemen_HK
dc.typeArticleen_HK
dc.identifier.openurlhttp://library.hku.hk:4550/resserv?sid=HKU:IR&issn=1566-6573&volume=34&spage=&epage=&date=2007&atitle=Taming+the+Dragon:+China’s+Experience+in+WTO+Dispute+Settlementen_HK
dc.identifier.emailGao, HS: henrygao@hku.hken_HK
dc.identifier.authorityGao, HS=rp01246en_HK
dc.identifier.hkuros132519en_HK

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