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China And The World Trade Organization A Legal Perspective
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Book Synopsis China and the World Trade Organization by : Qingjiang Kong
Download or read book China and the World Trade Organization written by Qingjiang Kong and published by World Scientific. This book was released on 2002 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines, from the legal perspective, China's process of WTO accession, its commitments to the accession, the implications of such commitments for its trade and legal systems, and its efforts towards WTO compliance. It also discusses the issue of the capacity of the evolving Chinese legal system for ensuring compliance. In particular, the book probes into the trade and legal systems at the turn of the accession and evaluates selected trade and legal issues, including intellectual property, foreign investment law and settlement of trade disputes.
Book Synopsis China and the World Trade Organization by : Kong Qingjiang
Download or read book China and the World Trade Organization written by Kong Qingjiang and published by . This book was released on 2028-07 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis China's Accession to the World Trade Organization by : Robert Ash
Download or read book China's Accession to the World Trade Organization written by Robert Ash and published by Routledge. This book was released on 2013-04-03 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: With China's accession to the World Trade Organization imminent, this book brings together the expert views of scholars, policy-makers and business representatives on the consequences of this historic event. Insight into the past and future of China's relationship to the WTO is offered by authors involved on both sides of the negotiations on the EU-China bilateral agreement of May 2000 and the on-going negotiations up to spring 2001. An analyst and representatives from four economic sectors (the automobile industry, telecommunications, insurance and banking) clash over their predictions for the future. Also presented is an investigation of the challenges for China's political, social and legal systems, and revealing prognoses are given for the implications for global trade and investment flows for the EU and Greater China, and for the modus operandi of the WTO itself. By shedding light on economic effects and social and legal implications, the book gives a comprehensive picture of potential challenges arising from China's entry to the WTO.
Book Synopsis Chinese Perspectives on the International Rule of Law by : Matthieu Burnay
Download or read book Chinese Perspectives on the International Rule of Law written by Matthieu Burnay and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.
Book Synopsis Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective by : Guiguo Wang
Download or read book Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective written by Guiguo Wang and published by Martinus Nijhoff Publishers. This book was released on 2011-12-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
Book Synopsis China's Accession to the World Trade Organization by : Robert Ash
Download or read book China's Accession to the World Trade Organization written by Robert Ash and published by Routledge. This book was released on 2013-04-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: With China's accession to the World Trade Organization imminent, this book brings together the expert views of scholars, policy-makers and business representatives on the consequences of this historic event. Insight into the past and future of China's relationship to the WTO is offered by authors involved on both sides of the negotiations on the EU-China bilateral agreement of May 2000 and the on-going negotiations up to spring 2001. An analyst and representatives from four economic sectors (the automobile industry, telecommunications, insurance and banking) clash over their predictions for the future. Also presented is an investigation of the challenges for China's political, social and legal systems, and revealing prognoses are given for the implications for global trade and investment flows for the EU and Greater China, and for the modus operandi of the WTO itself. By shedding light on economic effects and social and legal implications, the book gives a comprehensive picture of potential challenges arising from China's entry to the WTO.
Book Synopsis China and the WTO by : Petros C. Mavroidis
Download or read book China and the WTO written by Petros C. Mavroidis and published by Princeton University Press. This book was released on 2021-01-05 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.
Book Synopsis China’s Implementation of the Rulings of the World Trade Organization by : Weihuan Zhou
Download or read book China’s Implementation of the Rulings of the World Trade Organization written by Weihuan Zhou and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis China, Free Trade Agreements and WTO Law by : Heng Wang
Download or read book China, Free Trade Agreements and WTO Law written by Heng Wang and published by . This book was released on 2014 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's free trade agreements in services are developing at a fast pace. This paper examines the major differences between these agreements and the General Agreement on Trade in Services (GATS) and their relationship with the law of the World Trade Organization (WTO). Although they are modeled on the GATS, amongst other things these agreements differ in their scope and coverage, origin rules, transparency and good governance.
Book Synopsis The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO by : Yenkong Ngangjoh-Hodu
Download or read book The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO written by Yenkong Ngangjoh-Hodu and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why, and how, do states obey international law? This engaging book tackles this very question head on via its examination of the conflicting and conciliating processes of the Chinese approach to litigation and the Western approach to legal orientation in the field of the WTO dispute settlement mechanism. The authors examine the normative framework of WTO rule implementation in a globalised international economic order. They further explore the notion of the rule of law in China's Confucian system, and how it interacts with a rule-based world trading system. Topics discussed include theorising the WTO implementation regime, the Chinese approach to law, China and the WTO dispute settlement system, and Chinese Confucianism and compliance. With its focus on international economic law and political science, this book will be accessible to students, policy makers, practitioners and academics looking to understand China and the rule of law in a global context
Download or read book China and the WTO written by Esther Lam and published by Kluwer Law International B.V.. This book was released on 2009-10-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joining the World Trade Organization (WTO) enables China to reform its legal order and to move towards a system incorporating major principles of the rule of law. The WTO also serves as an external impetus that guides contemporary Chinese legal reform and orients it in ways that domestic forces alone could not achieve and sustain. Much discussion on the WTO and the Chinese legal system has focused on the issue of compliance ― whether the Chinese legal system has the capacity to fulfill China’s WTO accession commitments. The focus of this work is less concerned with compliance issues per se, but rather with the extent to which the WTO’s requirements vis-à-vis China actually affect the Chinese legal system. The fine difference between the two approaches lies in the fact that efforts by the Chinese government to meet its WTO obligations necessarily impact the Chinese legal order and its way of functioning, even if their end results may or may not lead to full compliance with what is required of it by the WTO. This timely work exposes many behind-the-scene dealings and relies on valuable information that is not publicly available. Not only does it preserve for the historical record important details of the Chinese WTO accession, it also sheds light on the travaux préparatoires of China’s accession agreement and the negotiation history of important issues, some of which remain relevant and highly contentious today. As expressed by WTO Director-General Pascal Lamy in his foreword to the book, ‘through this work, Esther Lam succeeds in demonstrating how WTO membership can benefit both the acceding country and the wider WTO family of nations.’
Book Synopsis The Practice of WTO Dispute Settlement by : Bing Xiao
Download or read book The Practice of WTO Dispute Settlement written by Bing Xiao and published by Springer Nature. This book was released on with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Consultation Within WTO Dispute Settlement by : Qi Zhang
Download or read book Consultation Within WTO Dispute Settlement written by Qi Zhang and published by Peter Lang. This book was released on 2007 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive study of consultation procedures within the dispute settlement system of the World Trade Organization. It offers in-depth analysis of diplomatic practices relating to what has been a poorly explored and researched part of the Dispute Settlement Understanding. Findings are supported by interviews with representatives of several Member States. The author analyses its relationship to panel proceedings and uses comparative studies with other parts of international law. The study particularly focuses on a Chinese perspective which has placed strong emphasis upon consultation and negotiated settlements. With its theoretical and practical insights, the book will be of equal use to scholars, diplomats and government officials alike.
Book Synopsis A Chinese Perspective on WTO Reform by : Lei Zhang
Download or read book A Chinese Perspective on WTO Reform written by Lei Zhang and published by Springer Nature. This book was released on 2023-03-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the most recent developments in the WTO regime. Issues such as E-commerce, security exception clause, China's compliance with the WTO obligations, sustainability development, IP protection in FTZs, trade controls and etc., are at the forefront of WTO studies. These issues strongly influence people's understanding of the current role of WTO and provides possible way to revitalize the function of WTO. Meanwhile, as the world's second largest economy, the world's largest trading nation and the holder of the world's largest foreign exchange reserves, China is apparently a powerful figure in leading these issues. Therefore, this book explores extensively these issues from a Chinese perspective to see what China could do to reboost the world trade.
Book Synopsis China's Compliance with World Trade Organization Obligations: A Review of China's First Two Years of Membership by : Terence Stewart
Download or read book China's Compliance with World Trade Organization Obligations: A Review of China's First Two Years of Membership written by Terence Stewart and published by BRILL. This book was released on 2021-11-22 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a look at the first two years of China’s membership in the WTO and attempts to assess the level of China’s WTO compliance achieved to date and the problems that remain ahead. In particular, the book examines: - China's modification to its laws and regulations, China's participation in WTO committee work, and technical assistance programs available to China from the WTO, the US and other member nations; - How effectively the WTO’s first and second Transitional Review Mechanisms have operated; - The US-China bilateral relationship and structures in place for discussion of US-China trade issues and major WTO compliance issues; -The monitoring of China’s WTO compliance by the US government and private sector groups, as well as a survey of the important compliance issues that arose in the first two years of China’s WTO membership; - The use made by the US of transitional rights outlined in China’s accession agreement, in particular, the textile and product-specific safeguards, and the non-market economy methodology used in antidumping proceedings concerning products from China. Published under the Transnational Publishers imprint.
Book Synopsis China, India, and the Law of the World Trade Organization by : Julia Ya Qin
Download or read book China, India, and the Law of the World Trade Organization written by Julia Ya Qin and published by . This book was released on 2013 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article seeks to assess the respective contributions of China and India to the law of the World Trade Organization (WTO) and to gain from a comparative perspective a better understanding on the potential impact of China on the WTO system. It observes that, although China's share in world trade is more than four times as large as that of India, China has played a much less significant role than India in both WTO rulemaking and adjudicatory processes. To date the major impact of China on WTO law stems from the special terms of its accession, many of which depart from the basic norms and principles of the WTO. India, on the other hand, has been one of the most active contributors to the development of WTO law and jurisprudence. The author suggests that the divergence in WTO legal practices of the two countries is attributable to a number of factors and that the presence of these factors will continue to influence their behavior within the WTO system.
Book Synopsis China and Global Trade Governance by : Ka Zeng
Download or read book China and Global Trade Governance written by Ka Zeng and published by Routledge. This book was released on 2013-12-13 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's historic accession to the World Trade Organization (WTO) in November 2001 not only represents an important milestone in the country’s transition to a market economy and integration into the global economy, but is also among the most important events in the history of the WTO and the multilateral trading system. China and Global Trade Governance: China's First Decade in the World Trade Organization provides us with some fresh empirical data to assess the country’s behaviour in the liberal international economic regime. Such an assessment is both timely and necessary as it can help us better understand China’s role in the evolving structure of global economic governance, in addition to shedding light on the broader debate about the implications of the rise of China for the international system. Through a thorough examination of China’s WTO compliance record and its experience in multilateral trade negotiations, this book seeks to better understand the sources of constraints on China’s behaviour in the multilateral trade institution as well as the country’s influence on the efficacy of the World Trade Organization. In doing so, this project speaks directly to the following questions raised by China’s unprecedented ascent in the international system: Is China a rule maker, rule follower, or rule breaker in international regimes? Is Beijing a responsible stakeholder capable of making positive contributions to global trade governance in the long-term?
