China, India and Dispute Settlement in the WTO and RTAs

Publication Type

Book Chapter

Publication Date

7-2009

Abstract

India's population is approximately 1.1 billion while that of China is approximately 1.3 billion. Together, they comprise more than a third of the world's population and a formidable economic pair in the developing world.

China and India share several characteristics. Both have great ancient civilizations of rich and long-standing cultures. Parts of their populations share common religious traditions. In the international arena, China and India together forged the Five Principles of Peaceful Coexistence in the 1950s, which still strongly influence developing state relations today. However, the two also diverge in many ways.

Unlike India, China is emerging from its chrysalis of a centrally planned economy and transforming into a ‘socialist market economy’. As part of this transformation, its legal system, belonging to the civil law tradition, has been undergoing massive changes in recent years – many of which are a result of its entering the World Trade Organization (WTO). In terms of rule of law, China has a greater challenge in overcoming perceptions about the strength and soundness of its legal system and adherence to the rule of law. Enormous changes have been made to China's legal system in the wake of WTO membership. Some of these changes are of watershed significance, for they spell departures from prior tradition and practice.

Discipline

Asian Studies | Dispute Resolution and Arbitration | International Law | International Trade Law

Research Areas

Public International Law, Regional and Trade Law

Publication

China, India and the International Economic Order

Editor

M. Sornarajah & J. Wang

First Page

250

Last Page

276

ISSN

9780521110570

Identifier

10.1017/CBO9780511760235.009

Publisher

Cambridge University Press

City or Country

Cambridge

Additional URL

https://doi.org/10.1017/CBO9780511760235.009

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