China's Implementation of the Rulings of the World Trade Organization [Hardback]

  • Formāts: Hardback, 280 pages, height x width: 234x156 mm, weight: 558 g
  • Sērija : China and International Economic Law Series
  • Izdošanas datums: 03-Oct-2019
  • Izdevniecība: Hart Publishing
  • ISBN-10: 1509913556
  • ISBN-13: 9781509913558
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  • * ši ir gala cena, t.i., netiek piemērotas nekādas papildus atlaides
  • Formāts: Hardback, 280 pages, height x width: 234x156 mm, weight: 558 g
  • Sērija : China and International Economic Law Series
  • Izdošanas datums: 03-Oct-2019
  • Izdevniecība: Hart Publishing
  • ISBN-10: 1509913556
  • ISBN-13: 9781509913558
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 have to do with 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.

Recenzijas

This is a timely and thoughtful study that merits considerable attention by WTO followers, especially at this time when the WTO dispute settlement system is undergoing significant challenges. As one of the most active players in WTO dispute settlement, China's compliance record is an important measure of the strengths of the WTO dispute settlement mechanism more generally. Dr. Zhou's analysis is measured in tone and the discussion is balanced. The descriptions of the disputes are well done and the analytical approach of organizing disputes according to subject matter makes this work an ideal research tool. This book is a highly useful addition to the WTO literature. -- Valerie Hughes, Senior Counsel, Bennett Jones LLP; former Director of the Legal Affairs Division and Director of the Appellate Body Secretariat of the World Trade Organization Dr Weihuan Zhou's excellent and balanced book provides a much needed and long awaited antidote to the largely uninformed attacks on China's compliance with the rulings of the WTO's Dispute Settlement Body. As this book shows, it is only through a comprehensive analysis of China's responses to WTO rulings that one can see the truth of China's compliance - which is not as a scofflaw, but rather, as one would expect from any large and complex economy, as a generally rule abiding participant. This is an important finding given China's stature within the world, for it is critical that China be fully accepted into the international economic legal order but that cannot happen if there are widespread misunderstandings about China's compliance in the WTO. Dr Zhou's excellent and fair analysis of China's WTO ruling compliance should consequently play a vital role in normalising China's role in the world. -- Professor Colin B Picker, Pro Vice Chancellor (South Western Sydney) and Dean, School of Law, Faculty of Law, Humanities and the Arts, the University of Wollongong In the midst of a US-China "trade war," one frequent refrain has been that China does not comply with WTO rules, and therefore the WTO cannot deal with China's trade practices. Compliance with the full scope of WTO obligations is difficult to assess, but responses to WTO complaints and compliance with specific WTO panel and Appellate Body rulings can be judged through a careful and rigorous analysis. Weihuan Zhou has provided this analysis in his well-researched book. Academics, students, policy-makers and other observers would all benefit from reading this objective review of China's experience as the subject of WTO complaints. -- Simon Lester, President, WorldTradeLaw.net and Associate Director, Center for Trade Policy Studies, Cato Institute Dr. Weihuan Zhou has written an essential reference work for anyone who is interested in China and international law in general, and the impact of the WTO dispute settlement mechanism on China in particular. -- Professor Julia Ya Qin, Wayne State University Law School, USA

Papildus informācija

This monograph is the first comprehensive and thorough analysis of China's implementation of WTO rulings.
Foreword v
Preface and Acknowledgements ix
List of Abbreviations
xv
List of WTO Panel and Appellate Body Reports
xix
List of Chinese Legislation and Regulatory Documents
xxiii
1 Introduction
1(16)
I Introduction
1(1)
II The DSM and its Function
2(4)
III Compliance under the DSM
6(2)
IV China's Participation in the DSM
8(5)
V This Book
13(4)
A Analytical Framework
14(1)
B Structure
15(2)
2 Disputes Settled Without WTO Rulings
17(24)
I Introduction
17(1)
II The Ten Disputes
17(17)
A China -- VAT on Integrated Circuits (DS309)
17(2)
B China -- Taxes (DS358, 359)
19(1)
C China -- Financial Information Services (DS372, 373, 378)
20(3)
D China -- Grants, Loans and Other Incentives (DS387, 388, 390)
23(2)
E China -- Fasteners (DS407)
25(3)
F China -- Wind Power Equipment (DS419)
28(2)
G China -- Autos and Auto Parts (DS450) & China -- Demonstration Bases (DS489)
30(3)
H China -- Apparel and Textile Products (DS451)
33(1)
I China -- Aircraft (DS501)
34(4)
III An Assessment of China's Approach to Settling Disputes by Agreement and Implications
38(2)
IV Conclusion
40(1)
3 China's Regulation of Imports and Implementation of WTO Rulings
41(29)
I Introduction
41(1)
II China's Regulation of Imports
41(3)
III China - Auto Farts
44(8)
A Background
44(1)
B The Measures
45(1)
C WTO Rulings
46(2)
D China's Implementation and an Assessment
48(1)
E Reasons for China's Compliance
49(1)
F Challenges and Implications
50(2)
IV China - Publications and Audiovisual Products
52(6)
A Background
52(2)
B The Measures
54(2)
C WTO Rulings
56(1)
D China's Implementation and an Assessment
57(1)
I Catalogue 2011
58(1)
II Publications
59(1)
III Audiovisual Products
60(2)
Iv Several Opinions 2005
62(2)
V Films
64(4)
E Reasons for China's (Partial) Compliance
65(2)
F Challenges and Implications
67(1)
V Conclusion
68(2)
4 China's Regulation of Exports and Implementation of WTO Rulings
70(21)
I Introduction
70(1)
II China's Regulation of Exports
70(2)
III China -- Raw Materials & China -- Rare Earths
72(1)
A China -- Raw Materials
72(1)
I Measures and WTO Findings
72(5)
II China's Implementation and an Assessment
77(1)
B China -- Rare Earths
78(1)
I Measures and WTO Findings
78(3)
II China's Implementation and an Assessment
81(8)
C Reasons for China's Compliance
83(2)
D Challenges and Implications
85(4)
IV Conclusion
89(2)
5 China's Regulation of Trade in Services and Implementation of WTO Rulings
91(38)
I Introduction
91(2)
II China's Regulation of Trade in Services
93(5)
III China -- Publications and Audiovisual Products
98(3)
A Background
98(2)
B The Measures
100(1)
C WTO Rulings
101(1)
I Distribution of Reading Materials
101(2)
II Conditions on FIEs in Distributing Reading Materials
103(1)
III Distribution of Audiovisual Products
104(4)
D China's Implementation and an Assessment
107(1)
I Publications Regulation 2011
108(1)
II Publications Market Rule 2011 & Electronic-Publications Rule 2008
109(1)
III Catalogue 2011 & Circular on Internet Culture 2011
110(1)
Iv Several Opinions 2005
111(6)
E China's Compliance Approach and Implications
114(3)
IV China -- Electronic Payment Services
117(11)
A Background
117(2)
B The Measures
119(2)
C WTO Rulings
121(3)
D China's Implementation and an Assessment
124(1)
E China's Approach to Compliance and Implications
125(3)
V Conclusion
128(1)
6 China's Regulation of Intellectual Property and Implementation of WTO Rulings
129(23)
I Introduction
129(2)
II China's Regulatory Regime for Intellectual Property
131(7)
III China -- Intellectual Property Rights
138(9)
A Background
138(1)
B The Measures
139(1)
C WTO Rulings
140(2)
D China's Implementation and an Assessment
142(2)
E China's Compliance Approach and Implications
144(3)
IV The Pending Disputes
147(3)
A China -- IPRs II
147(1)
B China -- Transfer of Technology
148(2)
V Conclusion
150(2)
7 China's Trade Remedy Regime and Implementation of WTO Rulings
152(31)
I Introduction
152(2)
II China's Trade Remedy Regime and Practice
154(4)
III WTO Trade Remedy Disputes and China's Implementation
158(2)
A China -- GOES
158(2)
I WTO Rulings
160(2)
II China's Implementation
162(2)
B China -- X-Ray Equipment
163(1)
I WTO Rulings
164(1)
II China's Implementation
165(3)
C China -- Broiler Products
166(2)
I WTO Rulings
168(1)
II China's Implementation
169(2)
D China -- Autos (US)
170(1)
I WTO Rulings
171(1)
II China's Implementation
171(2)
E China -- HP-SSST
172(1)
I WTO Rulings
173(1)
II China's Implementation
174(2)
F China -- Cellulose Pulp
175(1)
I WTO Rulings
176(1)
II China's Implementation
177(2)
IV China's Approach to WTO Compliance and Implications
179(3)
V Conclusion
182(1)
8 Conclusion
183(8)
I Introduction
183(1)
II China's Compliance with WTO Rulings
183(3)
A `Non-Trade-Remedy' Disputes
183(2)
B `Trade Remedy' Disputes
185(1)
C Overall Assessment
186(1)
III Implications for WTO Members and the DSM
186(2)
IV The `Crown Jewel' of the Multilateral Trading System
188(3)
Index 191
Weihuan Zhou is Senior Lecturer and a member of the Herbert Smith Freehills CIBEL Centre at the Faculty of Law, University of New South Wales (UNSW) Sydney.