Five Years of China WTO Membership: EU and US Perspectives about China's compliance with Transparency Commitments and the Transitional Review Mechanism. Legal Issues of Economic Integration, Kluwer Law International, Vol. 33, No. 3, August 2006, pp. 263-304.

Five Years of China WTO Membership: EU and US Perspectives About China's Compliance With Transparency Commitments and the Transitional Review Mechanism

Paolo Davide Farah

Abstract

China's accession to the WTO represents a goal achieved after nearly fifteen years of exhausting negotiations. However, many legal, political and social problems have not yet been tackled in terms of achieving real implementation of WTO provisions throughout the territory of the People's Republic of China. The Protocol requires a general and deep application of transparency, which will radically influence and change the Chinese legal system. There are a wide range of transparency related problems such as the formal publication of laws and regulations, procedural fairness in decision-making, the judicial review and the non-discrimination principle. The special precautionary instrument, the Transitional Review Mechanism (TRM), was included in the Protocol of China's Accession to the WTO, as requested by the US and supported by the EU. The TRM has the objective of monitoring and enforcement of implementation of WTO commitments, promoting transparency and the exchange of information in trade relations with China. Bilateral engagements and multilateral forums are both essential to bring China into full compliance with its WTO commitments.
Full Paper
Paolo Davide Farah
Founder, President and Director

‍Professor Paolo Davide Farah is Founder, President and Director of gLAWcal – Global Law Initiatives forSustainable Development, Full Professor(with tenure) at West Virginia University, Eberly College of Arts and Sciences,John D. Rockefeller IV School of Policy and Politics, Department of Public Administration and “Internationally Renowned Professor/Distinguished Professor of Law” (Full Professor level) at Beijing Foreign Studies University (BFSU), Law School, Beijing, China.

Summary

China's accession to the WTO represents a goal achieved after nearly fifteen years of exhausting negotiations. However, many legal, political and social problems have not yet been tackled in terms of achieving real implementation of WTO provisions throughout the territory of the People's Republic of China. The Protocol requires a general and deep application of transparency, which will radically influence and change the Chinese legal system. There are a wide range of transparency related problems such as the formal publication of laws and regulations, procedural fairness in decision-making, the judicial review and the non-discrimination principle. The special precautionary instrument, the Transitional Review Mechanism (TRM), was included in the Protocol of China's Accession to the WTO, as requested by the US and supported by the EU. The TRM has the objective of monitoring and enforcement of implementation of WTO commitments, promoting transparency and the exchange of information in trade relations with China. Bilateral engagements and multilateral forums are both essential to bring China into full compliance with its WTO commitments.

glawcal comments

articles

Facebook v. Business Competence S.r.l. – De-compiling the Rules of Databases and Reverse Engineering
Trade in Clean Energy Technologies: Sliding from Protection to Protectionism through Obligations for Technology Transfer in Climate Change Law, or Vice Versa?
International Investment Arbitration: Investor-to-State Dispute Settlement in EU Agreements
Chapter 10: Czech Republic
Rights, Obligations and Responsibilities of the Arbitrator
The industrial district and Italian development
Facebook v. Business Competence S.r.l.
Digital markets and merger control: Balancing big data and privacy against competition law: a comment on the European Commission’s decision in the Microsoft/LinkedIn merger
Internationalization of the Market, Dumping and State Aids: The EU Position and the Trade Defense Measures for the Enterprises
The Antidumping Measures of the European Union in the Light of the EU Regulation 182/2011
Dumping and Anti-Dumping (Preface)
Commercial Arbitration in the Portuguese-Speaking World: Opportunities and Challenges
Standard Contracts in the Trade between China and Mozambique
Transparency in European Trade Policymaking: The TTIP Negotiations as a Case Study
WTO Law in the Canadian Legal Order
World Trade Organization, Renewable Energy Subsidies and the Case of Feed-In Tariffs: Time for Reform Toward Sustainable Development?
China’s Participation in the World Trade Organization: Trade in Goods, Services, Intellectual Property Rights and Transparency Issues
Five Years of China WTO Membership: EU and US Perspectives About China's Compliance With Transparency Commitments and the Transitional Review Mechanism
China and the WTO: International Obligations and Cultural Barriers
Energy Trade and the WTO: Implications for Renewable Energy and the OPEC Cartel

Our events

International Law in Times of Trade Wars and Global Environmental Problems: Protection or Protectionism?

Call for Papers: International Law in Times of Trade Wars and Global Environmental Problems: Protection or Protectionism?

Interpretation of International Investment Agreements: The Role of State-to-State Arbitration Tribunals

International Investment Protection in light of the Ukrainian Crisis

Our concerns

The growth in green energy investments worldwide is an important reality and rising trends are to be expected in the future. When designing the proper policy agenda for renewable energy investments, we must take into consideration the legal, regulatory and political frameworks in both developing and developed countries. gLAWcal aims at analyzing national approaches on the matter, combining scientific, social and economic considerations. At the same time, it wishes to develop partnerships among European and non-European institutions, so as to deliver an integrated approach on sustainable energy investments, combining global and local perspectives.
The need to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology are topical issues that affects international relations. It is crucial for developing countries to achieve a substantive degree of IPR protection, not only for the promotion of creativity and innovation, but also for the maximization of technology transfer from developed countries. gLAWcal examines IPR regimes and their impact on competition with the objective of providing a better understanding of the competition-dimension of IP rights. Intellectual property rights are also extremely crucial to sustainable development in manifold ways, from the protection of traditional knowledge and cultural products, to access to essential medicines. Our organization focuses on the policy frameworks and institutions shaping debate and policy development in this sector.
In the last fifteen years, all around the world there has been a tendency to put much hope in the rise of civil society, its emergence being welcomed as a sign of progress towards a more democratic system. Many places in the world are today laboratories for change thanks to bottom-up movements supported by civil society organizations. By looking at contentious politics and how they converge and interact with institutional politics, we can better understand what directions a country’s political system and its governance is taking. gLAWcal supports collective forms of actions aimed at the creation of better societies, on many social issues, and in various geographical areas.
Improvements in people’s economic wellbeing have increased citizen demands for a cleaner environment. As societies undergo the transition to industrial development and modernity, their citizens begin to concern themselves with needs and wants beyond the material, including the protection of the environment. However, growing levels of environmental consciousness and awareness are often not matched by proper environmental legislation enforcement at the local level. gLAWcal looks at environmental rights developments in developing countries, and aims at delivering policy advices and capacity building support in areas where law implementation is lacking. With this purpose, our organization seeks to improve environmental protection not only for the benefit of the populations directly affected, but also for the sake of the entire planet.
Globalization, and the consequent international exchange of goods, services, cultures, ideas, has brought increased wealth for many on the one hand, while exerting pressure on core societal values both in developed and developing countries on the other hand. Public opinion and policy makers have warned against the threat posed by international trade and liberalization to policies and measures meant to protect the so-called non-trade concerns (NTC), such as environmental protection, sustainable development, good governance, cultural rights, labour rights, public health, social welfare, national security, food safety, access to knowledge, consumer interests and animal welfare.When trying to protect these issues, developed countries have put into place trade measures that have encountered resistance or dissent in developing countries, being perceived as protectionist actions or as an attempt by the importing countries to impose their social, ethical and cultural values on exporting countries.The challenge of integrating Non-Trade Concerns embodies the willingness to overcome national egoisms and embrace universally a number of fundamental values, creating an ethical and juridical platform to win over cultural differences and issues of national sovereignty. gLAWcal’s research aims at identifying ways to protect NTC within international economic law. By shedding new light on developing countries’ trends towards inclusion of NTC in the domestic and international arena, gLAWcal provides a comprehensive perspective on law enforcement, creating a bridge between the international and the domestic realities.
Follow us

Stay tuned for news on sustainable development, environment and climate change, international trade and human rights, Chinese issues and much more!

Contact us
gLAWCAL VIEW

A monthly newsletter of the best gLAWCAL publications.

Privacy Policy
Copyright © gLAWcal
Designed by D&F