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2024 | Buch

The Practice of WTO Dispute Settlement

A Perspective with China’s Characteristic

verfasst von: Bing Xiao, Yue Peng, Wenjie Yu

Verlag: Springer Nature Singapore

Buchreihe : Modern China and International Economic Law

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Über dieses Buch

This book thoroughly reviews China’s participation in the WTO dispute settlement system with a focus on the interaction between China’s distinctive institutional characters and international legal regime and an aim of not only revealing the Chinese phenomenon but also identifying the Chinese mode and the rationale that lies behind China’s mode change. It further analyzes two fundamental issues China is confronted with. One is the distinctive member status issue of China due to the concurrence of its multiple member status as member state, accessing member state and developing member state. The other is the issue of invoking and applying the special rules of The Protocol on the Accession of China in the WTO dispute settlement. In-depth examination of assorted cases that involve China and representative individual cases thereof, is also provided. Upon the insight into Chinese phenomenon and Chinese issues in the WTO dispute settlement, the book tries to respond to the imminentneed of reforming the WTO dispute settlement regime by providing directions that accord with the regular pattern of evolution of international economic law system and pragmatic suggestions that stem from China’s strategic position.
This book serves for academics, policymakers, and business practitioners by providing useful insights into the legal, regulatory, and economic issues raised by distinctive character of China in WTO dispute settlement.

Inhaltsverzeichnis

Frontmatter
Chapter 1. The WTO Institutional Structure and Dispute Settlement Practice
Abstract
The World Trade Organization (hereinafter referred to as “the WTO”), which was established by the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the “WTO Agreement”) and became operational on 1 January 1995, proclaims the emergence of “an integrated, more viable and durable multilateral trading system”.
Bing Xiao, Yue Peng, Wenjie Yu
Chapter 2. China’s Practice in WTO Dispute Settlement
Abstract
China's participation in dispute settlement as a member of the WTO is mainly in the capacity of a party (complainant or respondent) or a third party (hereinafter collectively referred to as “disputes involving China”).
Bing Xiao, Yue Peng, Wenjie Yu
Chapter 3. China’s Member Status in WTO Dispute Settlement Practices
Abstract
The legal subject is the bearer of rights and obligations. Different rights and obligations of the same legal system distinguish subjects with different legal statuses. Equal subject status is the main keynote of the WTO system. However, its main body settings are diversified and intricate, which are determined by a large number of member structures with huge differences in the level of economic development, the status of economic systems and the process of the construction of the rule of law. Therefore, whether for the WTO itself or for each member, the basic premise of the implementation of rules and protection of interests is to classify the subject categories and give accurate positioning.
Bing Xiao, Yue Peng, Wenjie Yu
Chapter 4. Application of China’s Accession Protocol in WTO Dispute Settlement Practice
Abstract
After China's accession to the WTO, disputes over its Protocol of Accession have arisen frequently. Echoing the fact of China's status as a special acceding party to the WTO and the special accession obligations it undertakes accordingly, the disputes arising from China’s Accession Protocol also demonstrate the Chinese characteristics in the WTO dispute settlement practice.
Bing Xiao, Yue Peng, Wenjie Yu
Chapter 5. Evaluation and Re-evaluation of the WTO Dispute Settlement Practices in China
Abstract
When it comes to the evaluation of unique pattern and problems in the dispute settlement practices in China, theorists and academicians developed two disparate opinions respectively.
Bing Xiao, Yue Peng, Wenjie Yu
Metadaten
Titel
The Practice of WTO Dispute Settlement
verfasst von
Bing Xiao
Yue Peng
Wenjie Yu
Copyright-Jahr
2024
Verlag
Springer Nature Singapore
Electronic ISBN
978-981-9701-85-8
Print ISBN
978-981-9701-84-1
DOI
https://doi.org/10.1007/978-981-97-0185-8

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