Heng WANG

Publication Type

Journal Article

Version

publishedVersion

Publication Date

6-2016

Abstract

As the biggest Chinese free trade agreement (FTA) to the date of its signature, the China-Korea FTA provides an amazing case study for the development of China’s recent FTAs.This paper analyzes major challenges in its rule development, implementation, and interpretation. The author argues, first, that rule development encounters market liberalization, regulatory cooperation and coherence, as well as sectoral challenges. Second, the fundamental issue for rule implementation and interpretation is the lack of a ‘systemic’ response to the relationship among FTA chapters, and to the relationship among the China-Korea FTA, domestic law, and international law. Finally, the relationship between the China-Korea FTA and World Trade Organization (WTO) law deserves special attention, which consists of five categories of circumstances. A number of questions are analyzed: which WTO rules apply to the China-Korea FTA? Do WTO rules apply to WTO-plus obligations? Can WTO jurisprudence be applied to the China-Korea FTA? The issue of the applicability of WTO rules and jurisprudence to FTA obligations including WTO-plus obligations remains open. These challenges are not unique to the China-Korea FTA and are likely to exist in other Chinese FTAs.

Keywords

China, Korea, free trade, trade liberalization, trade relations, World Trade Organization

Discipline

Asian Studies | International Trade Law

Research Areas

Public International Law, Regional and Trade Law

Publication

Journal of World Trade

Volume

50

Issue

3

First Page

417

Last Page

446

ISSN

1011-6702

Identifier

10.54648/trad2016019

Publisher

Kluwer Law International

Copyright Owner and License

Publisher

Additional URL

https://doi.org/10.54648/trad2016019

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