China's Implementation of the Rulings of the World Trade Organization

Erscheinungsjahr 2019
ISBN: 978-1-5099-1355-8
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 280 Seiten, Hardback, Format (B × H): 165 mm x 235 mm, Gewicht: 568 g

Reihe: China and International Economic Law Series

Amid the ongoing crisis surrounding the WTO, China's role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China's compliance with the rulings of the WTO's dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China's implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests.

Overall, this book argues that the issues relating to the quality of China's compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China's record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the 'crown jewel' of the multilateral trading system.

Autoren/Hrsg.

Zhou, Weihuan

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Wirtschaftswissenschaften Volkswirtschaftslehre Internationale Wirtschaft Handelsabkommen, Wirtschaftsorganisationen
• Wirtschaftswissenschaften Volkswirtschaftslehre Internationale Wirtschaft Internationaler Handel
• Rechtswissenschaften Ausländisches Recht Asien (inkl. Türkei und Naher Osten)

Inhaltsverzeichnis

1. Introduction
I. Introduction
II. The DSM and its Function
III. Compliance under the DSM
IV. China's Participation in the DSM
V. This Book
2. Disputes Settled Without WTO Rulings
I. Introduction
II. The Ten Disputes
III. An Assessment of China's Approach to Settling Disputes by Agreement and Implications
IV. Conclusion
3. China's Regulation of Imports and Implementation of WTO Rulings
I. Introduction
II. China's Regulation of Imports
III. China - Auto Parts
IV. China - Publications and Audiovisual Products
V. Conclusion
4. China's Regulation of Exports and Implementation of WTO Rulings
I. Introduction
II. China's Regulation of Exports
III. China - Raw Materials & China - Rare Earths
IV. Conclusion
5. China's Regulation of Trade in Services and Implementation of WTO Rulings
I. Introduction
II. China's Regulation of Trade in Services
III. China - Publications and Audiovisual Products
IV. China - Electronic Payment Services
V. Conclusion
6. China's Regulation of Intellectual Property and Implementation of WTO Rulings
I. Introduction
II. China's Regulatory Regime for Intellectual Property
III. China - Intellectual Property Rights
IV. The Pending Disputes
V. Conclusion
7. China's Trade Remedy Regime and Implementation of WTO Rulings
I. Introduction
II. China's Trade Remedy Regime and Practice
III. WTO Trade Remedy Disputes and China's Implementation
IV. China's Approach to WTO Compliance and Implications. 179
V. Conclusion
8. Conclusion
I. Introduction
II. China's Compliance with WTO Rulings
III. Implications for WTO Members and the DSM
IV. The 'Crown Jewel' of the Multilateral Trading System

Über Autor(innen)

Zhou, Weihuan
Weihuan Zhou is Associate Professor, Director of Research, and an inaugural member of the Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre at the Faculty of Law and Justice, UNSW Sydney, Australia.

His research explores the most current and controversial issues in the field of international economic law (IEL), particularly the nexus between international trade law and China. His work has appeared in all top journals in the field and in some of the best journals in the broader field of international law (such as the American Journal of International Law and International & Comparative Law Quarterly). His work has been cited widely, including in European Parliament briefings and reports of the Parliament of Australia and Australia's Productivity Commission, and by leading scholars in the field.

Dr Zhou has taken a number of senior roles internationally, including a former Executive Council Member and currently co-Secretary of the Society of International Economic Law (SIEL). Dr Zhou is a qualified lawyer in Australia and consults for governments and major companies on trade remedy cases and other cross-border trade issues as well as general commercial and foreign investment matters.

Weihuan Zhou is Associate Professor, Director of Research, and an inaugural member of the Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre at the Faculty of Law and Justice, University of New South Wales (UNSW) Sydney, Australia.