Will China Behave in the WTO Dispute Settlement Me
KONG Qingjiang
【全文】
Will China Behave in the WTO Dispute Settlement Mechanism:
The law and practice of the Chinese approach to trade disputes
I. Disputes Expected between China and other Trade Partners after China’s Entry
In laborious negotiations with WTO members, particularly with the U.S. and the European Union, China agreed to make vast market-opening changes to its hybrid economy. However, it is increasingly realized that trade between China and the rest of the world, and the United States in particular, may grow contentious as China gains marketing and manufacturing prowess, and particularly after China enters the WTO.
Firstly, China is woefully unprepared to do so much work in so little time. Given the magnitude of preparatory work necessary to implement the WTO agreements fully, it will not be surprising if the details of many implementing measures are not worked out beforehand. In this context, trade friction is expected to arise from China’s inability to meet all of the many concessions it has made to get into the WTO.
Secondly, although China has a generally satisfactory history of adhering to international treaties, there are sure to be lingering struggles between China and its trade partners about the exact nature of some of China’s commitments. China may be reluctant to yield to the claims of its trade partners; on the other hand, China is a good fighter for its presumed legitimate interests and will predictably begin using the WTO rules to protect its perceived interests.
In all, trade disputes are sure to occur between China and other WTO Member States after China joins the WTO.
II. Understanding the Chinese Practice of Dealing with Trade Dispute with Its Trade Partners:
1. Statutory Provisions concerning Dealing with Trade Disputes
