Title

Judicial review of trade remedy determinations in China: An untested theoretical possibility?

Publication Type

Journal Article

Publication Date

1-2012

Abstract

Upon its accession, China established a judicial review mechanism for trade remedy determinations pursuant to WTO rules. However, the operational details of the mechanism remain unclear. This paper fills the research gap by discussing the main issues in the judicial review process, including types of determinations that are reviewable, which parties may participate in such cases, which court has the jurisdiction, standards applicable in reviews of law and facts, burden of proof, evidentiary rules, direct application of WTO agreements, appeal mechanism and remedies available. The paper concludes that while China has built a judicial review mechanism that satisfies the minimum requirements of the WTO, its utility is greatly restricted by problems within the judicial system in general. Unless broad changes are made, judicial review will remain an untested theoretical possibility.

Discipline

Antitrust and Trade Regulation | International Trade Law

Research Areas

Intellectual Property and Technology-related Law

Publication

Chinese Journal of International Law

Volume

11

Issue

1

First Page

165

Last Page

190

ISSN

1540-1650

Identifier

10.1093/chinesejil/jmr054

Publisher

Oxford University Press (OUP): Policy E - Oxford Open Option D

Additional URL

https://doi.org/10.1093/chinesejil/jmr054

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