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Volumn 3, Issue 4, 2000, Pages 655-689

China's WTO accession: Commitments and implications

(1)  Kong, Qingjiang a  

a NONE

Author keywords

[No Author keywords available]

Indexed keywords


EID: 0345855063     PISSN: 13693034     EISSN: None     Source Type: Journal    
DOI: 10.1093/jiel/3.4.655     Document Type: Article
Times cited : (25)

References (104)
  • 1
    • 0003650793 scopus 로고
    • New York: John Wiley & Sons
    • The Open Door (menhu kaifang) was a trade policy designed to persuade or coax China to open its market to the rest of the world while calling on the European powers and Japan to accept 'perfect equality of treatment for navigation and commerce' for all countries trading with China. For an elaboration of the formulation of the Open Door Policy, see, for example, Warren I. Cohen, America's Response to China (New York: John Wiley & Sons 1971) 46-52.
    • (1971) America's Response to China , pp. 46-52
    • Cohen, W.I.1
  • 2
    • 0347646307 scopus 로고
    • Carry out the Policy of Opening to the Outside World and Learn Advanced Science and Technology from Other Countries
    • visited on 28 June 2000
    • The new Open Door (duiwai kaifang) was first proposed by Deng Xiaoping in his talk with a press delegation from the Federal Republic of Germany on 10 October 1978 and was formally adopted as the state policy in the Third Plenary Session of the Eleventh Central Committee of the Chinese Communist Party in December 1978. See Deng Xiaoping, 'Carry out the Policy of Opening to the Outside World and Learn Advanced Science and Technology from Other Countries', Selected Works of Deng Xiaoping, Volume II (1975-1982), available at http://www.peopledaily.com.cn/english/dengxp/contents2.html (visited on 28 June 2000).
    • (1975) Selected Works of Deng Xiaoping , vol.2
    • Xiaoping, D.1
  • 3
    • 84947913474 scopus 로고
    • We Can Develop a Market Economy under Socialism
    • 26 November 1979, (visited on 28 June 2000)
    • In the eyes of Deng Xiaoping, 'Open Door policy' is a means to the objective of modernization, which is impossible to achieve without international cooperation. See Deng Xiaoping, 'We Can Develop a Market Economy under Socialism' (26 November 1979), Selected Works of Deng Xiaoping, Volume II (1975-1982), available at http://www.peopledaily.com.cn/english/dengxp/contents2.html (visited on 28 June 2000).
    • (1975) Selected Works of Deng Xiaoping , vol.2
    • Xiaoping, D.1
  • 4
    • 0347015574 scopus 로고    scopus 로고
    • China's WTO entry good for all
    • 15 February visited on 28 June 2000
    • Some observers hold that China's decision to accede to the WTO is as important as its move to receive the late President Nixon of the United States in 1972. According to the WTO Director-General Mike Moore, joining the WTO is the biggest decision for China since 1949. See Xinhua, 'China's WTO entry good for all', China Daily (15 February 2000) available at http://www.chinadaily.com.cn/cndydb/2000/02/d3-4wto.215.html (visited on 28 June 2000).
    • (2000) China Daily
    • Xinhua1
  • 5
    • 0347646315 scopus 로고    scopus 로고
    • note
    • As of 28 June 2000, out of the 37 WTO Members expressing an interest in negotiating on market-access in goods and services, 32 Members have concluded market-access accords with China. However, the Protocol of Accession is still under negotiation.
  • 6
    • 21344475291 scopus 로고
    • China's Return to GATT
    • The following articles, found from a vast literature, deal with important aspects of the process of China's GATT/WTO accession: Guiguo Wang, 'China's Return to GATT', 28 Journal of World Trade 3 (1994), at 51; James V. Feinerman, 'Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?', 141 The China Quarterly (March 1995), at 186; 4 Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', Indiana Journal of Global Legal Studies (1996) 1, at 471; A. Neil Tait and Kui-Wai Li, 'Trade Regimes and China's Accession to the World Trade Organization', 31 Journal of World Trade 6 (1997) at 93; Zhao Wei, 'China's WTO Accession - Commitments and Prospects', 32 Journal of World Trade 2 (1998), at 51; Willem van der Geest, 'Bringing China into the Concert of Nations: An Analysis of Its Accession to the WTO', 32 Journal of World Trade 3 (1998), at 99; David M Blumental, 'Applying GATT to Marketizing Economies', 2 J of Int'l Econ Law 1 (1999), at: 113; Sylvia A. Rhodes and John H. Jackson, 'United States Law and China's WTO Accession Process', 2 J of Int'l Econ L 3 (1999), at 497.
    • (1994) Journal of World Trade 3 , vol.28 , pp. 51
    • Wang, G.1
  • 7
    • 84971947693 scopus 로고
    • Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?
    • March
    • The following articles, found from a vast literature, deal with important aspects of the process of China's GATT/WTO accession: Guiguo Wang, 'China's Return to GATT', 28 Journal of World Trade 3 (1994), at 51; James V. Feinerman, 'Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?', 141 The China Quarterly (March 1995), at 186; 4 Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', Indiana Journal of Global Legal Studies (1996) 1, at 471; A. Neil Tait and Kui-Wai Li, 'Trade Regimes and China's Accession to the World Trade Organization', 31 Journal of World Trade 6 (1997) at 93; Zhao Wei, 'China's WTO Accession - Commitments and Prospects', 32 Journal of World Trade 2 (1998), at 51; Willem van der Geest, 'Bringing China into the Concert of Nations: An Analysis of Its Accession to the WTO', 32 Journal of World Trade 3 (1998), at 99; David M Blumental, 'Applying GATT to Marketizing Economies', 2 J of Int'l Econ Law 1 (1999), at: 113; Sylvia A. Rhodes and John H. Jackson, 'United States Law and China's WTO Accession Process', 2 J of Int'l Econ L 3 (1999), at 497.
    • (1995) The China Quarterly , vol.141 , pp. 186
    • Feinerman, J.V.1
  • 8
    • 0040955239 scopus 로고    scopus 로고
    • National Legal Restructuring in Accordance with International Norms
    • 4
    • The following articles, found from a vast literature, deal with important aspects of the process of China's GATT/WTO accession: Guiguo Wang, 'China's Return to GATT', 28 Journal of World Trade 3 (1994), at 51; James V. Feinerman, 'Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?', 141 The China Quarterly (March 1995), at 186; 4 Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', Indiana Journal of Global Legal Studies (1996) 1, at 471; A. Neil Tait and Kui-Wai Li, 'Trade Regimes and China's Accession to the World Trade Organization', 31 Journal of World Trade 6 (1997) at 93; Zhao Wei, 'China's WTO Accession - Commitments and Prospects', 32 Journal of World Trade 2 (1998), at 51; Willem van der Geest, 'Bringing China into the Concert of Nations: An Analysis of Its Accession to the WTO', 32 Journal of World Trade 3 (1998), at 99; David M Blumental, 'Applying GATT to Marketizing Economies', 2 J of Int'l Econ Law 1 (1999), at: 113; Sylvia A. Rhodes and John H. Jackson, 'United States Law and China's WTO Accession Process', 2 J of Int'l Econ L 3 (1999), at 497.
    • (1996) Indiana Journal of Global Legal Studies , vol.1 , pp. 471
    • Man, T.Y.1
  • 9
    • 0347745415 scopus 로고    scopus 로고
    • Trade Regimes and China's Accession to the World Trade Organization
    • The following articles, found from a vast literature, deal with important aspects of the process of China's GATT/WTO accession: Guiguo Wang, 'China's Return to GATT', 28 Journal of World Trade 3 (1994), at 51; James V. Feinerman, 'Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?', 141 The China Quarterly (March 1995), at 186; 4 Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', Indiana Journal of Global Legal Studies (1996) 1, at 471; A. Neil Tait and Kui-Wai Li, 'Trade Regimes and China's Accession to the World Trade Organization', 31 Journal of World Trade 6 (1997) at 93; Zhao Wei, 'China's WTO Accession - Commitments and Prospects', 32 Journal of World Trade 2 (1998), at 51; Willem van der Geest, 'Bringing China into the Concert of Nations: An Analysis of Its Accession to the WTO', 32 Journal of World Trade 3 (1998), at 99; David M Blumental, 'Applying GATT to Marketizing Economies', 2 J of Int'l Econ Law 1 (1999), at: 113; Sylvia A. Rhodes and John H. Jackson, 'United States Law and China's WTO Accession Process', 2 J of Int'l Econ L 3 (1999), at 497.
    • (1997) Journal of World Trade 6 , vol.31 , pp. 93
    • Neil Tait, A.1    Li, K.-W.2
  • 10
    • 3142574545 scopus 로고    scopus 로고
    • China's WTO Accession - Commitments and Prospects
    • The following articles, found from a vast literature, deal with important aspects of the process of China's GATT/WTO accession: Guiguo Wang, 'China's Return to GATT', 28 Journal of World Trade 3 (1994), at 51; James V. Feinerman, 'Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?', 141 The China Quarterly (March 1995), at 186; 4 Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', Indiana Journal of Global Legal Studies (1996) 1, at 471; A. Neil Tait and Kui-Wai Li, 'Trade Regimes and China's Accession to the World Trade Organization', 31 Journal of World Trade 6 (1997) at 93; Zhao Wei, 'China's WTO Accession - Commitments and Prospects', 32 Journal of World Trade 2 (1998), at 51; Willem van der Geest, 'Bringing China into the Concert of Nations: An Analysis of Its Accession to the WTO', 32 Journal of World Trade 3 (1998), at 99; David M Blumental, 'Applying GATT to Marketizing Economies', 2 J of Int'l Econ Law 1 (1999), at: 113; Sylvia A. Rhodes and John H. Jackson, 'United States Law and China's WTO Accession Process', 2 J of Int'l Econ L 3 (1999), at 497.
    • (1998) Journal of World Trade 2 , vol.32 , pp. 51
    • Wei, Z.1
  • 11
    • 11544361371 scopus 로고    scopus 로고
    • Bringing China into the Concert of Nations: An Analysis of Its Accession to the WTO
    • The following articles, found from a vast literature, deal with important aspects of the process of China's GATT/WTO accession: Guiguo Wang, 'China's Return to GATT', 28 Journal of World Trade 3 (1994), at 51; James V. Feinerman, 'Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?', 141 The China Quarterly (March 1995), at 186; 4 Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', Indiana Journal of Global Legal Studies (1996) 1, at 471; A. Neil Tait and Kui-Wai Li, 'Trade Regimes and China's Accession to the World Trade Organization', 31 Journal of World Trade 6 (1997) at 93; Zhao Wei, 'China's WTO Accession - Commitments and Prospects', 32 Journal of World Trade 2 (1998), at 51; Willem van der Geest, 'Bringing China into the Concert of Nations: An Analysis of Its Accession to the WTO', 32 Journal of World Trade 3 (1998), at 99; David M Blumental, 'Applying GATT to Marketizing Economies', 2 J of Int'l Econ Law 1 (1999), at: 113; Sylvia A. Rhodes and John H. Jackson, 'United States Law and China's WTO Accession Process', 2 J of Int'l Econ L 3 (1999), at 497.
    • (1998) Journal of World Trade 3 , vol.32 , pp. 99
    • Van Der Geest, W.1
  • 12
    • 0033414233 scopus 로고    scopus 로고
    • Applying GATT to Marketizing Economies
    • The following articles, found from a vast literature, deal with important aspects of the process of China's GATT/WTO accession: Guiguo Wang, 'China's Return to GATT', 28 Journal of World Trade 3 (1994), at 51; James V. Feinerman, 'Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?', 141 The China Quarterly (March 1995), at 186; 4 Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', Indiana Journal of Global Legal Studies (1996) 1, at 471; A. Neil Tait and Kui-Wai Li, 'Trade Regimes and China's Accession to the World Trade Organization', 31 Journal of World Trade 6 (1997) at 93; Zhao Wei, 'China's WTO Accession - Commitments and Prospects', 32 Journal of World Trade 2 (1998), at 51; Willem van der Geest, 'Bringing China into the Concert of Nations: An Analysis of Its Accession to the WTO', 32 Journal of World Trade 3 (1998), at 99; David M Blumental, 'Applying GATT to Marketizing Economies', 2 J of Int'l Econ Law 1 (1999), at: 113; Sylvia A. Rhodes and John H. Jackson, 'United States Law and China's WTO Accession Process', 2 J of Int'l Econ L 3 (1999), at 497.
    • (1999) J of Int'l Econ Law 1 , vol.2 , pp. 113
    • Blumental, D.M.1
  • 13
    • 0033421209 scopus 로고    scopus 로고
    • United States Law and China's WTO Accession Process
    • The following articles, found from a vast literature, deal with important aspects of the process of China's GATT/WTO accession: Guiguo Wang, 'China's Return to GATT', 28 Journal of World Trade 3 (1994), at 51; James V. Feinerman, 'Chinese Participation in the International Legal Order: Rogue Elephant or Team Player?', 141 The China Quarterly (March 1995), at 186; 4 Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', Indiana Journal of Global Legal Studies (1996) 1, at 471; A. Neil Tait and Kui-Wai Li, 'Trade Regimes and China's Accession to the World Trade Organization', 31 Journal of World Trade 6 (1997) at 93; Zhao Wei, 'China's WTO Accession - Commitments and Prospects', 32 Journal of World Trade 2 (1998), at 51; Willem van der Geest, 'Bringing China into the Concert of Nations: An Analysis of Its Accession to the WTO', 32 Journal of World Trade 3 (1998), at 99; David M Blumental, 'Applying GATT to Marketizing Economies', 2 J of Int'l Econ Law 1 (1999), at: 113; Sylvia A. Rhodes and John H. Jackson, 'United States Law and China's WTO Accession Process', 2 J of Int'l Econ L 3 (1999), at 497.
    • (1999) J of Int'l Econ L 3 , vol.2 , pp. 497
    • Rhodes, S.A.1    Jackson, J.H.2
  • 14
    • 0029434068 scopus 로고
    • The Role of Foreign Trade and Investment in China's Economic Transformation
    • For the role of foreign trade and investment in the Chinese economic reform, see Nicholas R. Lardy, 'The Role of Foreign Trade and Investment in China's Economic Transformation', 144 The China Quarterly (1995) 1065-82.
    • (1995) The China Quarterly , vol.144 , pp. 1065-1082
    • Lardy, N.R.1
  • 15
    • 0345754323 scopus 로고    scopus 로고
    • visited on 28 June
    • According to a report by Xinhua News Agency, Facts and Figures on China's Foreign Trade, in 1998 foreign trade accounted for 34 percent of China's gross domestic product (GDP), while the figure was only 10 percent in 1978. Available at http://english.china.com/cdc/en/articles/0,1677,143-105000-100000-0.00.html (visited on 28 June 2000).
    • (2000)
  • 16
    • 0040955239 scopus 로고    scopus 로고
    • National Legal Restructuring in Accordance with International Norms
    • See generally, Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', 4 Indiana Journal of Global Legal Studies 1 (1996) 471-507; Guiguo Wang, 'Economic Integration in Quest of Law: The Chinese Experience', 29 Journal of World Trade 2 (1995) 5-28; Harold K. Jacobson et al., China's Participation in the IMF, World Bank, and GATT (1990) 146.
    • (1996) Indiana Journal of Global Legal Studies 1 , vol.4 , pp. 471-507
    • Man, T.Y.1
  • 17
    • 21844507884 scopus 로고
    • Economic Integration in Quest of Law: The Chinese Experience
    • See generally, Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', 4 Indiana Journal of Global Legal Studies 1 (1996) 471-507; Guiguo Wang, 'Economic Integration in Quest of Law: The Chinese Experience', 29 Journal of World Trade 2 (1995) 5-28; Harold K. Jacobson et al., China's Participation in the IMF, World Bank, and GATT (1990) 146.
    • (1995) Journal of World Trade 2 , vol.29 , pp. 5-28
    • Wang, G.1
  • 18
    • 0004018674 scopus 로고
    • See generally, Thomas Yunlong Man, 'National Legal Restructuring in Accordance with International Norms', 4 Indiana Journal of Global Legal Studies 1 (1996) 471-507; Guiguo Wang, 'Economic Integration in Quest of Law: The Chinese Experience', 29 Journal of World Trade 2 (1995) 5-28; Harold K. Jacobson et al., China's Participation in the IMF, World Bank, and GATT (1990) 146.
    • (1990) China's Participation in the IMF, World Bank, and GATT , pp. 146
    • Jacobson, H.K.1
  • 19
    • 0347015570 scopus 로고    scopus 로고
    • note
    • In this regard, it may be fair to mention the role of China being admitted into the United Nations in 1971, i.e. among others, establishment of the legal entity in international community.
  • 20
    • 0347015573 scopus 로고    scopus 로고
    • See above note 8
    • See above note 8.
  • 21
    • 0345754308 scopus 로고    scopus 로고
    • Protection of Intellectual Property Rights in China - The Perspective of a Chinese Lawyer
    • See, generally, Qingjiang Kong, 'Protection of Intellectual Property Rights in China - The Perspective of a Chinese Lawyer', 58 Heidelberg Journal of International Law 1 (1998) 181-204.
    • (1998) Heidelberg Journal of International Law 1 , vol.58 , pp. 181-204
    • Kong, Q.1
  • 22
    • 0347015572 scopus 로고    scopus 로고
    • note
    • Pricing reform was among the priority reforms that were set into motion in the early 1980s. By the mid-1990s prices had been largely set by the market.
  • 23
    • 0346385556 scopus 로고    scopus 로고
    • note
    • The Foreign Trade Law was adopted at the Fifth Session of the Standing Committee of the Eighth National People's Congress and became effective on 1 July 1994. For an overview of the Foreign Trade Law, see Wang, above note 9, 18-19.
  • 24
    • 0347646323 scopus 로고    scopus 로고
    • China is now the world's third largest economy, behind only the United States and Japan. Figures for 1998 show China as the world's 9th largest exporter and 11th largest importer. The value of China's exports in 1998 was $183.8 billion. Its imports totalled $140.2 billion. Chinese exports of services in 1998 totalled $23 billion. Imports totalled $28.6 billion, making China the world's 15th largest services exporter and 11th largest services importer. See http://www.wto.org/english/thewto e/acc_e/china_e.htm (visited on 28 June 2000).
  • 25
    • 0347015571 scopus 로고    scopus 로고
    • visited on 28 June
    • Among the international organizations to which China is a member are Asian-Pacific Economic Co-operation forum (APEC), Asian Development Bank (AsDB), Bank of International Settlement (BIS), Customs Co-operation Council (CCC), Economic and Social Commission for Asia and Pacific (ESCAP), Food and Agriculture Organization (FAO), G-77, International Atomic Energy Agency (IAEA), International Bank for Reconstruction and Development (IBRD), International Civil Aviation Organization (ICAO), International Fund for Agricultural Development (IFAD), International Labor Organization (ILO), International Monetary Fund (IMF), International IMO, Interpol, International Olympic Committee (IOC), International Standard Organization (ISO), International Telecommunication Union (ITU), Patent Co-operation Agency (PCA), United Nations (UN), UN Security Council, United Nations Conference on Trade and Development (UNCTAD), United Nations Educational, Scientific and Cultural Organization (UNESCO), United Nations Higher Commissioner for Refugees (UNHCR), United Nations Industrial Development Organization (UNIDO), Universal Postal Union (UPU), World Health Organization (WHO), World Intellectual Property Organization (WIPO), World Meteorological Organization (WMO). See CIA - The World Factbook, 1999, Country Listing - China, available http://www.cia.gov/cia/publications/factbook/ch.html (visited on 28 June 2000).
    • (2000)
  • 26
    • 0346385557 scopus 로고    scopus 로고
    • note
    • The other two pillars are the United Nations and the International Monetary Fund.
  • 27
    • 33645573071 scopus 로고    scopus 로고
    • On-line
    • In early 1965 Taiwan requested and was granted observer status at sessions of the General Agreement on Tariffs and Trade (GATT 1947). In 1971, this status was removed, following a decision by the UN General Assembly that recognized the People's Republic of China as the only legitimate government of China. At its September 1992 meeting, the GATT's Council of Representatives decided to establish a separate working party to examine the request for accession of the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu ('Chinese Taipei'). The Chairman said he had carried out extensive consultations on the subject of establishing a working party. He noted that all contracting parties had acknowledged the view that there was only one China, as expressed in the United Nations General Assembly Resolution 2758 of 25 October 1971. Many contracting parties, therefore, had agreed with the view of the People's Republic of China (PRC) that Chinese Taipei, as a separate customs territory, should not accede to the GATT before the PRC itself. Some contracting parties had not shared this view. There had been, however, a general desire to establish a working party for Chinese Taipei. He concluded there was a consensus among contracting parties on the following terms: First, the Working Party on China's status as a contracting party should continue its work expeditiously, taking account of the pace of China's economic reforms, and report to the Council as soon as possible. Second, a Working Party on Chinese Taipei should be established at the present meeting, and should report to the Council expeditiously. Martin R. Morland (UK) still serves as Chairman of the Chinese Taipei working party. Third, the Council should give full consideration to all views expressed, in particular that the Council should examine the report of the Working Party on China and adopt the Protocol for the PRC's accession before examining the report and adopting the Protocol for Chinese Taipei, while noting that the working party reports should be examined independently. See Chronicles of China's GATT/WTO Accession (Zhongguo Fuguan Rushi Dashi Ji), People's Daily On-line, available at http://www.peopledaily.com.cn/GB/channel3/topic216/3.html (visited on 28 June 2000).
    • People's Daily
    • Rushi, Z.F.1    Ji, D.2
  • 28
    • 0346385545 scopus 로고    scopus 로고
    • The ROC (Taiwan)'s Entry into the WTO: Progress, Problems and Prospects
    • In theory, Taiwan may invoke Article XIII of the Agreement Establishing the World Trade Organization before the Ministerial Conference approves the Protocol of Accession for Taiwan to exclude the application of the WTO agreements between it and China. However, such an invoking is unlikely since China, which will join the WTO before Taiwan, may take advantage of the opportunity to try blocking Taiwan's accession and other WTO Members will doubt Taiwan's seriousness in becoming a full and responsible WTO Member. For a further analysis, see Ying-jeou Ma, 'The ROC (Taiwan)'s Entry into the WTO: Progress, Problems and Prospects', 15 Chinese Yearbook of International Law and Affairs (1996-1997), 48-55.
    • (1996) Chinese Yearbook of International Law and Affairs , vol.15 , pp. 48-55
    • Ying-jeou, Ma.1
  • 29
    • 0347646316 scopus 로고    scopus 로고
    • visited on 28 June
    • Take Chinese export to US in 1997 as an example. The direct export to the United States accounted for 24 percent of the total export and the trade surplus resulting from the trade with US accounted for 91 percent of the total trade surplus. Quoted from Zhang Hanying, 'The Sino-US agreement is a Double-edged Sword', available at http://www.zaobao.com/zaobao/special/wto/pages/wto251199.html (visited on 28 June 2000).
    • (2000) The Sino-US Agreement Is a Double-edged Sword
    • Hanying, Z.1
  • 30
    • 0347646322 scopus 로고    scopus 로고
    • visited on 28 June
    • Up to June 1988, the United States has lodged 66 anti-dumping cases against Chinese products and became one of the countries which most frequently resort to anti-dumping measures against Chinese exports. Figures available at http://www.moftec.gov.cn/moftec/business/html/questions_answers/5.html (visited on 28 June 2000).
    • (2000)
  • 32
    • 0033421209 scopus 로고    scopus 로고
    • United States Law and China's WTO Accession Process
    • The term 'non-market economy country', as in the Trade Act of 1974 is a term of art that is synonymous with 'communist country'. See, Daniel F. Wilhelm, 'Most-Favored-Nation Certification and Human Rights: A Case Study of China and the United States' (1996), 52, quoted from Sylvia A. Rhodes and John H. Jackson, 'United States Law and China's WTO Accession Process', 2 J of Int'l Econ L 3 (1999), 501.
    • (1999) J of Int'l Econ l 3 , vol.2 , pp. 501
    • Rhodes, S.A.1    Jackson, J.H.2
  • 33
    • 0345754322 scopus 로고    scopus 로고
    • visited on 28 June
    • Quoted from http://www.moftec.gov.cn/moftec/business/html/questions_answers/3.html (visited on 28 June 2000).
    • (2000)
  • 34
    • 0345754321 scopus 로고    scopus 로고
    • note
    • Ironically, the textile-specific safeguard provided for in the Sino-US bilateral textile agreement of 1994 will remain valid until 2008 and therefore, in the field of textiles, the WTO's built-in dispute settlement mechanism will not function.
  • 35
    • 0347646321 scopus 로고    scopus 로고
    • Section 402 of the Trade Act 1974
    • Section 402 of the Trade Act 1974.
  • 36
    • 0346385554 scopus 로고    scopus 로고
    • note
    • The US House of Representatives passed the PNTR bill (i.e. H R 4444 bill), extending the PNTR treatment to China, but authorizing the establishment of a congressional-executive commission to monitor, among other things, human rights development in China. The Senate has not voted at the time of writing, but is expected to pass the PNTR bill as well.
  • 37
    • 0347646318 scopus 로고    scopus 로고
    • note
    • For example, as a result of China's accession to the WTO, China should open its telecommunications market, including to Internet and satellite services, and its people will be more exposed to information, ideas, and debate from around the world.
  • 38
    • 0345754320 scopus 로고    scopus 로고
    • visited on 28 June
    • For example, the European Union claims to be 'a consistent and vocal supporter of China's entry into the WTO'. It 'believes the WTO is not truly a "World" Trade Organization without China'. See http://www.europa.eu.int/comm/trade/faqs/china_wto.htm (visited on 28 June 2000).
    • (2000)
  • 39
    • 0347015568 scopus 로고    scopus 로고
    • note
    • When the Asian financial crisis started in 1997, China insisted on a non-devaluation of its currency albeit under tremendous pressure, consequently alleviating the pressure on its neighbours to further devaluate their currencies.
  • 40
    • 0347015569 scopus 로고    scopus 로고
    • visited on 28 June
    • According to the United States Trade Representative Office (USTR), 'commercially viable' or 'commercially meaningful' has four meanings: First, the accession agreement must be comprehensive. It will cover agriculture, industrial goods, and services. It will deal with unfair trade practices including tariffs, quotas, other non-tariff measures, non-scientific agricultural standards, discriminatory regulatory processes, lack of transparency, export subsidies, and other barriers to trade. It will address the tariffs and other barriers China applies at the border; the limits China places on sales, customer service and maintenance within the domestic market; China's unwarranted sanitary and phytosanitary standards; and limits on the rights of service providers to set up businesses in China. Second, the agreement shall grant China no special favours. It will require China to reduce its trade barriers to levels comparable to those of major trade partners, including industrial countries. Third, it must be enforceable. The commitments China makes in all areas will be specific, measurable, and will be fully enforceable. Fourth, it delivers market-based reforms fast. Immediately upon accession, China will make substantial cuts in agricultural and industrial tariffs; begin opening sectors from insurance to telecommunications to professional services to foreign service providers. The phase-in of further broad concessions in all these areas will be limited to five years in the vast majority of cases, and in many cases between one and three years. See, USTR press release, 8 April 1999, available at http://www.ustr.gov/releases/1999/04/99-34.html (visited on 28 June 2000).
    • (2000)
  • 41
    • 84928464981 scopus 로고
    • Resumption of China's GATT Membership
    • The Republic of China, as of 1947, was among the first signatories to the General Agreement on Tariff and Trade (GATT). In March 1950 the Nationalist Regime of the 'Republic of China' on Taiwan, which claimed to be the legitimate representative of China, withdrew from the GATT. The People's Republic of China, which asserts its sovereignty over the Chinese territory after 1 October 1949 had no connection with the GATT until 1982, when China was granted observer status in the GATT. In 1984 China became a member of the Multi-fibre Agreement, which was unique in the GATT-administered trade agreements and allowed membership to non-GATT members. China argues that the withdrawal of the Taiwan authority from the GATT was null and void because the Nationalist Regime ceased to be the legitimate government of China and the government of PRC has never consented to the withdrawal. See, generally, Chung-chou Li, 'Resumption of China's GATT Membership', 21 Journal of World Trade 4 (1987) 25-48.
    • (1987) Journal of World Trade 4 , vol.21 , pp. 25-48
    • Li, C.-C.1
  • 42
    • 0345754318 scopus 로고    scopus 로고
    • note
    • A Working Party was established in 1987 under the GATT, and in 1995 the GATT Working Party continued its work as an original member upon the request of the Chinese government. As of this writing in March of 2000, negotiations have been conducted at both the multilateral level and the bilateral level for 13 consecutive years.
  • 43
    • 0347015567 scopus 로고    scopus 로고
    • Chronicles of China's GATT/WTO Accession
    • visited on 28 June
    • Chinese President Jiang Zemin made clear in his talks with US President Clinton in Seattle in 1993 that China insisted on joining the GATT on three conditions, one of which is that China is a developing country and it makes commitments comparable to that status. See 'Chronicles of China's GATT/WTO Accession', People's Daily On-line, available at http://www.peopledaily.com.cn/GB/channel3/topic216/3.html (visited on 28 June 2000).
    • (2000) People's Daily On-line
  • 44
    • 0346385551 scopus 로고    scopus 로고
    • 16 November
    • Theories of international trade seem to have paid insufficient attention to the cost of adjustment a country must incur as it moves from a closed economy to an open economy. The theories emphasize the gains from trade. It is true for the industries enjoying a comparative advantage; however, it does not hold for the industries that do not enjoy a comparative advantage where the country is opened to trade. The latter has difficulty adjusting to the new environment. As a matter of fact, the Chinese government's bid for WTO accession caused many concerns about the cost of WTO membership among nearly all walks of life in China. One concern is about the soaring unemployment that entry into the WTO would lead to. According to an estimate, within seven years of China joining the WTO, 14.5 percent of jobs in the automobile industry, or 500,000 positions, will be lost and 3.6 percent of agricultural jobs, or 10 million positions, will disappear. But the same study also predicted a leap of 52.3 percent of jobs in the clothing industry and a 23.6 percent increase in positions in the textile industry as foreign quotas on imports of the industries' products are removed. See, Beijing Youth Daily (16 November 1999) 2. In order to appease these concerns, the government has to defend that '[n]ot one of 134 member countries saw its economy collapse because of entry into the WTO'. Xinhua News Agency (2 January 2000).
    • (1999) Youth Daily , pp. 2
    • Beijing1
  • 45
    • 0346385552 scopus 로고    scopus 로고
    • 2 January
    • Theories of international trade seem to have paid insufficient attention to the cost of adjustment a country must incur as it moves from a closed economy to an open economy. The theories emphasize the gains from trade. It is true for the industries enjoying a comparative advantage; however, it does not hold for the industries that do not enjoy a comparative advantage where the country is opened to trade. The latter has difficulty adjusting to the new environment. As a matter of fact, the Chinese government's bid for WTO accession caused many concerns about the cost of WTO membership among nearly all walks of life in China. One concern is about the soaring unemployment that entry into the WTO would lead to. According to an estimate, within seven years of China joining the WTO, 14.5 percent of jobs in the automobile industry, or 500,000 positions, will be lost and 3.6 percent of agricultural jobs, or 10 million positions, will disappear. But the same study also predicted a leap of 52.3 percent of jobs in the clothing industry and a 23.6 percent increase in positions in the textile industry as foreign quotas on imports of the industries' products are removed. See, Beijing Youth Daily (16 November 1999) 2. In order to appease these concerns, the government has to defend that '[n]ot one of 134 member countries saw its economy collapse because of entry into the WTO'. Xinhua News Agency (2 January 2000).
    • (2000) Xinhua News Agency
  • 46
    • 0345754319 scopus 로고    scopus 로고
    • note
    • As of 28 June 2000, out of the 37 WTO Members expressing an interest in negotiating on market-access in goods and services, 32 Members have concluded market-access accords with China. However, the Protocol of Accession is still under negotiation.
  • 47
    • 0347646317 scopus 로고    scopus 로고
    • note
    • For example, in the 1996 and 1997 tariff reductions, the largest cuts were reserved for products that are imported in small quantities.
  • 48
    • 0346385553 scopus 로고    scopus 로고
    • note
    • For example, while the automotive part duties ranged as high as 50 percent on parts from MFN trading partners, in notices issued on 10 July 1997, China Customs granted 20 percent import duty rates to two Chinese automobile manufacturers for their imports of certain automobile parts. The Notices cited domestic content exceeding 80 percent in sedans manufactured by the two automobile manufacturers as the basis for granting preferential import duties on parts imported by the two manufacturers.
  • 49
    • 0345754317 scopus 로고    scopus 로고
    • note
    • In August 1998, Customs launched an ambitious program to standardize regulatory enforcement as part of an anti-smuggling campaign. Early reports indicate that the program has reduced the flexibility of local customs offices to 'negotiate' duties but it is too early to measure the permanent effects of the program on customs enforcement.
  • 50
    • 0347015560 scopus 로고    scopus 로고
    • note
    • According to the Sino-US agreement, China committed itself to open its mobile telephone market in five years. The EU successfully secured that China allow foreign participation two years ahead of schedule in the Sino-EU agreement. It may be interesting to note that EU has secured from its agreement with China a satisfactory settlement concerning the mobile investments of EU telecommunication companies (France Telecom, Siemens/Deutsche Telekom and Telecom Italia) in the second Chinese operator, China Unicom.
  • 51
    • 0347015565 scopus 로고    scopus 로고
    • note
    • Economic-needs test means, to a degree, that the examining and approving authorities may act on their discretion to decide whether the proposed foreign investment is needed by the national economy.
  • 52
    • 0345754315 scopus 로고    scopus 로고
    • note
    • Insurance business will be opened to foreign companies five years after accession according to Sino-US agreement, but the Sino-EU agreement places the schedule two years sooner than foreseen in the Sino-US agreement. The European Union secured from its agreement with an extra Chinese commitment, i.e. seven new licences to European insurers that are to be issued immediately after conclusion of the agreement.
  • 53
    • 0345754306 scopus 로고    scopus 로고
    • note
    • According to the current Interim Provisions on the Administration of Resident Representative Offices of Foreign Enterprise (30 October 1980), no representative offices of foreign firms are allowed to engage in profit-making business.
  • 54
    • 0346385541 scopus 로고    scopus 로고
    • Ibid
    • Ibid.
  • 55
    • 0347015564 scopus 로고    scopus 로고
    • note
    • For example, during 1998, China drafted new pharmaceutical price control regulations that will restrict profit margins on sales of many pharmaceuticals; issued a requirement that new power plants of less than 600mw use no foreign equipment (though government authorities have insisted that this decision originated with the power companies themselves); imposed a ban on the import of diesel and gasoline; and initiated a 'buy local' campaign intended to diminish reliance on imports of telecommunications equipment and components. In addition, restrictive trading rights have affected crude oil imports, even though quotas have been removed.
  • 56
    • 0345754302 scopus 로고    scopus 로고
    • note
    • This included a commitment, for example, that a Chinese Government agency would no longer deny permission to import a foreign product because a domestic alternative exists.
  • 57
    • 0346385549 scopus 로고    scopus 로고
    • note
    • The criteria are obviously vaguely worded and invite the risk of being manipulated by the authority, in cases of need.
  • 58
    • 0346385550 scopus 로고    scopus 로고
    • visited on 28 June
    • See http://www.moftec.gov.cn/moftec/official/html/about_moftec/basic_policies.html (visited on 28 June 2000).
    • (2000)
  • 59
    • 0345754316 scopus 로고    scopus 로고
    • note
    • For example, the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) has been authorized by the State Council to publish irregularly the foreign trade- and foreign investment-related policies, laws and regulations, and invitations to bid for quotas and the results in International Business (Guoji Shangbao), the official newspaper of MOFTEC.
  • 60
    • 0346385546 scopus 로고    scopus 로고
    • visited on 28 June
    • The Interim Provisions on Guidance for Foreign Investment and the Catalogue for the Guidance of Foreign Investment Industries are the regulations to this end. The Interim Provisions classify projects involving foreign investment into four categories: projects in which foreign investment shall be encouraged, permitted, restricted, or prohibited. They provide, for example, that broadcasting and television stations are closed to foreign investment, and broadcast and television transmitting systems are only partially open to foreign participation. For the latter, majority Chinese participation is a must. For the Interim Provisions and the Catalogue, see http://www.MOFTEC.gov.cn/moftec/official/laws_regulations.html (visited on 28 June 2000).
    • (2000)
  • 61
    • 0347646314 scopus 로고    scopus 로고
    • note
    • In this respect, the practice often differs from the law. For example, Article 37 of the Detailed Rules for the Implementation of the Law of the People's Republic of China on Chinese-Foreign Cooperative Joint Ventures provides: a co-operative joint venture may decide, on its own, to purchase either within the territory of China or from foreign countries machines and equipments, raw materials, fuels, parts and components, accessories, transportation tools, and office articles, etc. But in practice the partners are 'encouraged' by the local government to make a commitment on the local content rate. Failure to set a local content may sometimes result in disapproval of the contract.
  • 62
    • 0347646310 scopus 로고    scopus 로고
    • note
    • Article 12(8) of the above-cited Detailed Rules is a similar provision in relation to the minimum export rate which reads: '[The contract of a co-operative joint venture shall bear the following items:] Arrangement for sales of products in and outside China'. A minimum export rate of the sales is not referred to directly but has the same effect. Article 38 further confirms that 'The State encourages co-operative joint ventures to sell their products on international markets.'
  • 63
    • 0347015558 scopus 로고
    • Beijing: Foreign Translation Publishing Co
    • Article 46(4) of the Implementing Regulations of the Chinese-Foreign Equity Joint Venture Law provides: '[A]fter the expiration the licence agreement, the importing party is entitled to further use of the licensed technology.' For the Implementing Regulations, see Chinese Yearbook of International Law (1985) (Beijing: Foreign Translation Publishing Co 1986) 443-59.
    • (1985) Chinese Yearbook of International Law , pp. 443-459
  • 64
    • 0346385548 scopus 로고    scopus 로고
    • Article 28(1), (2) of TRIPs Agreement
    • Article 28(1), (2) of TRIPs Agreement.
  • 65
    • 0347015562 scopus 로고    scopus 로고
    • See, for example, above note 40
    • See, for example, above note 40.
  • 66
    • 0346385547 scopus 로고    scopus 로고
    • note
    • It has been a practice that the authorities at the provincial level have a say over the proposed foreign investment that falls within the geographical scope of the province, but within the approving scope of the central government. Moreover, the central authority is normally stricter than the local authorities in screening proposed foreign investment since the latter is always eager to reap the direct benefits that the proposed foreign investment project might result in, while the central authority might be so concerned with the overall economic equilibrium as to dismiss the investment proposal at a particular locality.
  • 67
    • 0346385542 scopus 로고    scopus 로고
    • note
    • For example, under extraordinary US pressure, China in 1994 signed an agreement with the United States, committing itself to establish a regime for intellectual property rights, which is comparable to the regime embodied in the current international treaties. The agreement establishes the model for China to follow in its legislation on intellectual property rights.
  • 68
    • 0347015561 scopus 로고    scopus 로고
    • above note 12
    • See Kong, above note 12, 201-02.
    • Kong1
  • 69
    • 0347646305 scopus 로고    scopus 로고
    • note
    • To establish joint trade companies is part of China's efforts to invigorate the state-owned enterprises, including the state trading companies. However, while the reform aims to shape the ill-performing state trading companies into genuine 'operating entities which are autonomous in their operations, responsible for their own profits or losses, self-developing and self-restraining', it employs administrative measures, thus making it difficult to evaluate the impact of the reform.
  • 70
    • 0347646311 scopus 로고    scopus 로고
    • visited on 28 June
    • http://www.MOFTEC.gov.cn/moftec/business/questions_ answers.html (visited on 28 June 2000).
    • (2000)
  • 71
    • 0345754305 scopus 로고    scopus 로고
    • note
    • The commodities that are imported principally through state trading enterprises include grains, cotton, vegetable oils, petroleum and certain related products.
  • 72
    • 0345754311 scopus 로고    scopus 로고
    • note
    • Until now all foreign purchases of Chinese raw silk - accounting for 70 percent of the world total production - had to go through state export channels.
  • 73
    • 0345754310 scopus 로고    scopus 로고
    • note
    • The oil and fertilizer sectors are the most significant domains where a state import monopoly has been in place.
  • 74
    • 0347646308 scopus 로고    scopus 로고
    • note
    • To open industries that are under exclusive control of state-owned enterprises to foreign investors provides an additional stimulus for the government to open the industries concerned to domestic private companies. For example, in the Chinese People's Political Consultative Conference (CPPCC) an initiative to open the telecommunications industry that has been monopolized by the state-owned enterprises and that is to be opened to foreign participation under the WTO accession agreements to domestic private enterprises gained much support. Also, in the Sino-US agreement, China commits to establish large and increasing tariff-rate quotas for wheat, corn, rice, and cotton with a substantial share reserved for private trade.
  • 75
    • 0346385537 scopus 로고    scopus 로고
    • Article 89 (9) of the Constitution (as amended in 1998)
    • Article 89 (9) of the Constitution (as amended in 1998).
  • 76
    • 0347646312 scopus 로고    scopus 로고
    • note
    • Article 67(14) of the Constitution provides: the Standing Committee of the National People's Congress has the power to 'decide on the ratification or abrogation of treaties and important agreements concluded with foreign states'. The provision suggests the agreements that are not 'important' are not subject to approval by the Standing Committee of the National People's Congress.
  • 77
    • 0346385543 scopus 로고    scopus 로고
    • note
    • Article 142 of the General Principles of Civil Law. Also, see Article 238 of the Civil Procedure Law, which reads, 'Where the provisions of international treaties which China has concluded or to which China is party are different from those of this law, the former shall apply, except those clauses to which China has made reservation.'
  • 78
    • 0347015563 scopus 로고    scopus 로고
    • note
    • Similarly, on 10 April 1987, the Supreme People's Court issued the Notice on the Implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to Which China Has Acceded. The Notice, which serves as internal directive within the judiciary, requires that courts which receive an application or a request for judicial assistance must handle the matter conscientiously and strictly in conformity with the provisions of the treaties which China has concluded or acceded to.
  • 79
    • 0347646313 scopus 로고    scopus 로고
    • note
    • Provisions on the Implementation of the International Copyright Treaties (30 September 1992).
  • 80
    • 0345754312 scopus 로고    scopus 로고
    • The Provisions on the Implementation of Patent Co-operation Treaty in China (23 November 1993)
    • The Provisions on the Implementation of Patent Co-operation Treaty in China (23 November 1993).
  • 81
    • 0346385544 scopus 로고    scopus 로고
    • note
    • According to the Legislation Law, laws are enacted by the NPC or its Standing Committee while the State Council is responsible for adopting administrative regulations in accordance with the constitution and the laws. See Article 7 and Article 56 respectively. Presumably laws shall prevail in case of conflicts between laws and administrative regulations. According to the Law for the Organization of the People's Courts, the Supreme People's Court has the power to issue, to the people's courts at all levels, judicial interpretations regarding the application of the laws and the decrees. See Article 33. Presumably, the judicial interpretations shall not contravene the laws.
  • 82
    • 0347646309 scopus 로고    scopus 로고
    • 29 April
    • Li Peng, Chairman of the NPC Standing Committee, was reported to hold that the NPC should make feasibility studies on incorporating international agreements into national laws whose enactment falls exclusively into the scope of the NPC or its Standing Commitment. See, Legal Daily (29 April 2000), available at http://www.legaldaily.com.cn/20000430/200004300102.html. As in other countries, the State Council (executive branch of the Chinese government) assumes more and more powers that should formerly belong to the legislature (the NPC and its Standing Committee). Li's proposal might result from a consideration that the legislature should secure more power from the State Council. But, it would result in a positive effect on the implementation of the international agreements if it became a reality.
    • (2000)
    • Daily, L.1
  • 83
    • 0347015559 scopus 로고    scopus 로고
    • Rush to Adjust Laws for WTO
    • 15 June visited on 28 June 2000.
    • The measures were in conjunction with China's effort to push forward its WTO accession. The Chinese government had taken a whole range of measures at home, including reviewing hundreds of laws and regulations for revisions that might be needed once China joins the WTO. For example, the Patent Law, which provides that a patent decision is not subject to appeal once an application has been accepted after a period of public review, was found to be inconsistent with the WIPO, which requires administrative rulings be open to judicial review, and has been already submitted to the NPC Standing Committee for revision. See William Kazer, 'Rush to Adjust Laws for WTO', South China Morning Post, (15 June 2000), available at http://www.scmp.com/Special/ChinaWTO-Bid/Article/FullText_asp_ ArticleID-20000615061052789.asp (visited on 28 June 2000). Another example is that the Chinese government is taking measures, such as training courses, to raise the awareness of the WTO rules among the officials nation-wide. See http://www.zaobao.com/zaobao/special/wto/pages/wto291299.html (visited on 28 June 2000).
    • (2000) South China Morning Post
    • Kazer, W.1
  • 84
    • 0345754313 scopus 로고    scopus 로고
    • visited on 28 June
    • The measures were in conjunction with China's effort to push forward its WTO accession. The Chinese government had taken a whole range of measures at home, including reviewing hundreds of laws and regulations for revisions that might be needed once China joins the WTO. For example, the Patent Law, which provides that a patent decision is not subject to appeal once an application has been accepted after a period of public review, was found to be inconsistent with the WIPO, which requires administrative rulings be open to judicial review, and has been already submitted to the NPC Standing Committee for revision. See William Kazer, 'Rush to Adjust Laws for WTO', South China Morning Post, (15 June 2000), available at http://www.scmp.com/Special/ChinaWTO- Bid/Article/FullText_asp_ ArticleID-20000615061052789.asp (visited on 28 June 2000). Another example is that the Chinese government is taking measures, such as training courses, to raise the awareness of the WTO rules among the officials nation-wide. See http://www.zaobao.com/zaobao/special/wto/pages/wto291299.html (visited on 28 June 2000).
    • (2000)
  • 85
    • 0347646304 scopus 로고    scopus 로고
    • 8 July 1999, visited on 28 June
    • See The World Bank Beijing Office Press Release, 8 July 1999, available at: http://www.world-bank.org.cn/english/news/press/99fyresult.htm (visited on 28 June 2000).
    • (2000) The World Bank Beijing Office Press Release
  • 86
    • 0347646304 scopus 로고    scopus 로고
    • 17 March visited on 28 June
    • See, for example, Jemal-ud-din Kassum, the World Bank Vice President for the East Asia and Pacific Region, who, in his visit to China in March 2000, expressed satisfaction with the strong and fruitful collaboration that the Bank has developed with China over the past two decades and reaffirmed the bank's strong commitment to China. See The World Bank Beijing Office Press Release, 17 March 2000, available at http://www.worldbank.org.cn/english/news/press/kassuml.htm (visited on 28 June).
    • (2000) The World Bank Beijing Office Press Release
  • 87
    • 0347015557 scopus 로고    scopus 로고
    • 21 February
    • An example is that the IMF and the People's Bank of China established a medium-term joint training program, targeted at Chinese officials involved in the formulation and implementation of macroecon-omic and financial policies, as well as the compilation and analysis of statistics. See The International Monetary Fund News Brief, No. 00/11, 21 February 2000.
    • (2000) The International Monetary Fund News Brief, No. 00/11
  • 88
    • 0346385535 scopus 로고    scopus 로고
    • Deputy Governor of the People's Bank of China
    • reiterated that the role of the IMF is 'irreplaceable'. visited on 28 June
    • For example, Xiao Gang, Deputy Governor of the People's Bank of China, in his statement at the International Monetary and Financial Committee meeting on 16 April 2000, reiterated that the role of the IMF is 'irreplaceable'. The statement is available at http://www.imf.org/external/spring/2000/imfc/CHN.HTM (visited on 28 June 2000).
    • (2000) International Monetary and Financial Committee Meeting on 16 April 2000
    • Gang, X.1
  • 89
    • 0001055826 scopus 로고    scopus 로고
    • China's Track Record and the Global Economy
    • (January-February 2000), visited on 28 June
    • Quoted from Margaret M. Pearson, 'China's Track Record and the Global Economy', The China Business Review (January-February 2000), also available at http://www.uschina.org/public/wto/uscbc/pearson.html (visited on 28 June 2000).
    • (2000) The China Business Review
    • Pearson, M.M.1
  • 90
    • 33144468454 scopus 로고    scopus 로고
    • 20 June
    • Take the protection for local automobile industry as an example. In order to create more market shares for local automobile industries before foreign automobile giants are allowed to compete in the domestic market after the WTO accession, the provinces and municipalities, where large automobile companies are located, have begun to remove the restraints on automobile sales, such as reducing plate charges which might be as much as half of the sale price of automobile levels. However, some localities apparently have gone this far against the policy of the central government. For example Hubei Province, which hosts a Sino-French auto joint venture and the No. 2 Auto Factory, one of the largest Chinese auto makers, adopted a policy which provides the plate charges for automobiles manufactured outside the province are three times higher than those for local-made automobiles. See Economic Daily (Jiji Ribao), 20 June 2000, available at http://WWW.peopledaily.com.cn/GB/channel3/25/20000620/110620.html
    • (2000) Economic Daily
    • Ribao, J.1
  • 91
    • 0039969744 scopus 로고    scopus 로고
    • The Give and Take of Central-Local Relations
    • For a review of the centre-locality relations, see James V. Feinerman, 'The Give and Take of Central-Local Relations', 25 China Business Review 1 (1998) 16-25.
    • (1998) China Business Review 1 , vol.25 , pp. 16-25
    • Feinerman, J.V.1
  • 92
    • 0002616152 scopus 로고    scopus 로고
    • Deal of the Century
    • 25 November visited on 28 June Cf., see above n. 39
    • Notably the Ministry of Information Industry, which oversees telecoms and the Internet, is particularly unwilling to open the telecommunication service market to foreign participation. According to a report, Minister Wu Jichuan, albeit liberal in rhetoric, moved before the conclusion of the Sino-EU agreement to cancel foreign equity stakes in China Unicom, and in Chinese Internet content providers. See Susan V. Lawrence et al., 'Deal of the Century', Far Eastern Economic Review (25 November 1999), available at http://www.feer.com/9911_ 25/p80trade.html (visited on 28 June 2000). Cf., see above n. 39.
    • (1999) Far Eastern Economic Review
    • Lawrence, S.V.1
  • 93
    • 0345754307 scopus 로고    scopus 로고
    • note
    • In contrast, the China International Economic and Trade Arbitration Commission (CIETAC) has become a relatively effective forum for the arbitration of trade disputes. CIETAC's policies that approve foreign professionals to act as arbitrators, and streamline procedural requirements to allow for timely resolution of disputes, have been well received by the foreign business community. The business community continues to press, however, for improvements in CIETAC rules, including increased flexibility in choosing arbitrators, and enhanced procedural rules to ensure orderly and fair management of cases.
  • 94
    • 0345754300 scopus 로고
    • Strive to Build up New China's Science of International Law
    • Beijing: China Translation & Publ Corp
    • See Huan Xiang, 'Strive to Build up New China's Science of International Law', in Selected Articles from Chinese Yearbook of International Law (Beijing: China Translation & Publ Corp 1983) 3.
    • (1983) Selected Articles from Chinese Yearbook of International Law , pp. 3
    • Xiang, H.1
  • 95
    • 0346385539 scopus 로고    scopus 로고
    • note
    • Understandably, this negative viewpoint of international law is closely linked to the unhappy historical experience with international law.
  • 96
    • 0346385540 scopus 로고    scopus 로고
    • note
    • It has been a practice that China promotes its theory of Five Principles of Peaceful Existence on almost every international forum. The Five Principles, which are based on the notion of absolute sovereignty, include: mutual-respect sovereignty and territorial integrity, mutual non-aggression, mutual non-interference with internal affairs, equality and mutual benefits, and peaceful coexistence.
  • 97
    • 0346385534 scopus 로고    scopus 로고
    • Shimaozuzhi xuyao zhongguo, Zhongguo xuyao shimaozuzhi
    • 20 January (visited on 28 June 2000)
    • For example, see 'Shimaozuzhi xuyao zhongguo, Zhongguo xuyao shimaozuzhi' ('The WTO Needs China and China Needs the WTO'), Jingji Ribao (Economic Daily), 20 January 2000, available at http://www.xinhua.org/ssjj/cnwto_08/files/201414081.htm (visited on 28 June 2000).
    • (2000) Economic Daily
    • Ribao, J.1
  • 98
    • 0347646306 scopus 로고    scopus 로고
    • note
    • It is a fact that the drafters of the Dispute Settlement Understanding perceive that 'The dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system.' See Article 3.2 of the Dispute Settlement Understanding.
  • 99
    • 0347646300 scopus 로고    scopus 로고
    • note
    • For example, the US has been the most frequent user of the WTO dispute settlement mechanism, obtaining favourable results so far on 23 of the 25 complaints that it has initiated and that have been acted upon.
  • 100
    • 0346385538 scopus 로고    scopus 로고
    • note
    • It is surprising that China agreed to the US unilateral invoking of Special 301, Section 301 trade legislations, to which China had been strongly opposed. Presumably, the WTO's ruling on the legality of the provision against the European Union in relation to the WTO rules was the reason behind the agreement in this regard. With respect to the treatment of China as a non-market economy in the application of antidumping rules, Australia and European Union have agreed to drop such treatment after China's entry into the WTO.
  • 101
    • 0346385530 scopus 로고    scopus 로고
    • Reflections on the Agreement on Safeguards in the WTO
    • The Agreement on Safeguards provides that ' . . . a Member may apply a safeguard measure to a product only if that Member has determined that such product is being imported into its territory in such increased quantities, absolute or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry that produces like or directly competitive product.' Here, 'serious injury' means a significant overall impairment in the position of a domestic industry. In determining whether increased imports have caused, or are threatening to cause, serious injury to domestic industry, the authorities should evaluate 'all' relevant factors of an objective and quantifiable nature having a bearing on the situation of that industry, including inevitably the rate and amount of the increased product from the whole world. For an analysis of the Agreement on Safeguards, see, for example, Y. S. Lee et al., 'Reflections on the Agreement on Safeguards in the WTO', 21 World Competition 6 (1997/1998), 25-49.
    • (1997) World Competition 6 , vol.21 , pp. 25-49
    • Lee, Y.S.1
  • 102
    • 0347646303 scopus 로고    scopus 로고
    • note
    • Chinese industries will continue to carry the burden of proving that market economy conditions prevail in their industry to avoid application of the non-market economy methodology. However, China also continues to have the opportunity to establish that market conditions prevail in a particular sector or the economy as a whole and that the US non-market economy methodology should not apply. Commerce is charged with evaluating any such claims.
  • 103
    • 0345754301 scopus 로고    scopus 로고
    • visited on 28 June
    • The plan includes the following: (1) establishing a new Deputy Assistant Secretary for China devoted to monitor and enforcing trade agreement; (2) assembling a rapid response team of 12 compliance and trade specialists based both in Washington, DC, and China; (3) dispatching immediately a team member to China to assess compliance needs and priorities of the US business community; (4) establishing a China-specific subsidy enforcement team to ensure that China abides by its WTO commitments; (5) launching a new Web site containing detailed information on China's accession commitments, contact names, and up-to-date information on China's laws and regulations; etc. Available at the White House's China Trading Relations Working Group's Web site, http://www.chinapntr.gov/factsheets/cinitiative.htm (visited on 28 June 2000).
    • (2000)
  • 104
    • 0346385536 scopus 로고    scopus 로고
    • visited on 28 June
    • See http://europa.eu.int/comm/trade/bilateral/china/imp.htm (visited on 28 June 2000).
    • (2000)


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.