China’s Implementation of the Rulings of the World Trade Organization

Author:   Weihuan Zhou (Unversity of New South Wales, Australia)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509913558


Pages:   280
Publication Date:   03 October 2019
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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China’s Implementation of the Rulings of the World Trade Organization


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Author:   Weihuan Zhou (Unversity of New South Wales, Australia)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.558kg
ISBN:  

9781509913558


ISBN 10:   1509913556
Pages:   280
Publication Date:   03 October 2019
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction I. Introduction II. The DSM and its Function III. Compliance under the DSM IV. China's Participation in the DSM V. This Book 2. Disputes Settled Without WTO Rulings I. Introduction II. The Ten Disputes III. An Assessment of China's Approach to Settling Disputes by Agreement and Implications IV. Conclusion 3. China's Regulation of Imports and Implementation of WTO Rulings I. Introduction II. China's Regulation of Imports III. China - Auto Parts IV. China - Publications and Audiovisual Products V. Conclusion 4. China's Regulation of Exports and Implementation of WTO Rulings I. Introduction II. China's Regulation of Exports III. China - Raw Materials & China - Rare Earths IV. Conclusion 5. China's Regulation of Trade in Services and Implementation of WTO Rulings I. Introduction II. China's Regulation of Trade in Services III. China - Publications and Audiovisual Products IV. China - Electronic Payment Services V. Conclusion 6. China's Regulation of Intellectual Property and Implementation of WTO Rulings I. Introduction II. China's Regulatory Regime for Intellectual Property III. China - Intellectual Property Rights IV. The Pending Disputes V. Conclusion 7. China's Trade Remedy Regime and Implementation of WTO Rulings I. Introduction II. China's Trade Remedy Regime and Practice III. WTO Trade Remedy Disputes and China's Implementation IV. China's Approach to WTO Compliance and Implications............. 179 V. Conclusion 8. Conclusion I. Introduction II. China's Compliance with WTO Rulings III. Implications for WTO Members and the DSM IV. The 'Crown Jewel' of the Multilateral Trading System

Reviews

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


The value of Zhou's book is its depth and the framework it provides. With regard to the depth, Zhou goes into great detail on the Chinese measures at issue, the specific WTO dispute settlement rulings, and the response by China. For each element, he offers a guide to how the dispute originated, played out, and ultimately concluded. -- Simon Lester and Huan Zhu, Center for Trade Policy Studies, Cato Institute * Journal of World Investment & Trade * 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


Author Information

Weihuan Zhou is Associate Professor, Director of Research, and an inaugural member of the Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre at the Faculty of Law and Justice, University of New South Wales (UNSW) Sydney, Australia.

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