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Doing Buisness in China - Loose-leaf
Doing Buisness in China - Electronic
Preview Page: China and the World Trade Organization Part 1 Chapter 9
§ 9.01 Introduction
China has the largest economy in the world not covered by the disciplines of the World Trade Organization (‘‘WTO’’). Since 1986, China has been negotiating to join the WTO and its predecessor, the General Agreement on Tariffs and Trade (‘‘GATT’’). While the talks have been marked by periodic bouts of optimism about imminent accession, predictions of success have foundered over the increased understanding, on the part of both China and its negotiating partners, of the magnitude of the changes, both economic and political, that will be required to fit China into the WTO system. This chapter discusses the relationship between the trade and investment climate in China and the country’s ongoing negotiations over WTO accession. In addition, it looks at how the trade and investment climate will likely evolve in the aftermath of China’s accession, when the main vehicle for the resolution of differences between China and its trading partners will be the WTO’s dispute resolution process and not political negotiations. Finally, the discussion below examines both specific economic factors and other issues relating to China’s legal and political structure that stand in the way of WTO entry.
I. BUSINESS AND REGULATORY ENVIRONMENT
CHAPTER 9
China and the World Trade Organization
By Donald C. Clarke*
SYNOPSIS
§ 9.01 Introduction
§ 9.02 Background to China’s WTO Application
[1] China’s Current Economic Status
[2] China’s Efforts to Join the GATT/WTO
§ 9.03 WTO Disciplines and the Chinese Economic System
[1] Basic Principles
[a] Market Economy
[b] Rule of Law
[c] Open Society
[2] Trade Policy
[a] Core Obligations of Non-Discrimination
[i] Most-Favored Nation Treatment
[ii] National Treatment
[b] Market Access
[c] Measures to Protect Value of Market Access Commitments
[i] Control over Subsidies
[ii] Elimination of Non-Tariff Barriers
[iii] Trade-Related Investment Measures
[d] Resolution of Disputes Through the WTO Process
[e] Protection of Intellectual Property Rights
§ 9.04 Conclusion
Donald C. Clarke is Professor of Law at the University of Washington School of Law in Seattle, where he specializes in the law of the People’s Republic of China. He is also a consultant on China matters to the New York law firm of Paul, Weiss, Rifkind, Wharton & Garrison. In addition to engaging in teaching and
research in Chinese law, he also teaches courses in corporations and international trade law.
