Publication Type
Journal Article
Version
acceptedVersion
Publication Date
10-2019
Abstract
This paper responds to the widespread view that existing WTO rules are insufficient in dealing with China’s state capitalism, which has been further emboldened by its latest rounds of state-owned enterprise (“SOE”) reforms. Through a careful review of WTO agreements and jurisprudence, the paper argues that, we do not necessarily need new rules, because the unique challenges created by China’s state capitalism can be sufficiently dealt with by the WTO’s existing rules on subsidies coupled with the China-specific obligations. Thus, a more realistic approach would be to push China back to the path of market-oriented reforms through WTO litigation based on existing rules, rather than trying to negotiate new rules.
Keywords
WTO, SOE, International trade, Market economy, Antidumping, Subsidy
Discipline
Asian Studies | Comparative and Foreign Law | International Trade Law
Research Areas
Asian and Comparative Legal Systems
Publication
International and Comparative Law Quarterly
Volume
68
Issue
4
First Page
977
Last Page
1022
ISSN
0020-5893
Identifier
10.1017/S002058931900037X
Publisher
Cambridge University Press (CUP): HSS Journals - No Cambridge Open
Citation
ZHOU, Weihuan; GAO, Henry S.; and BAI, Xue.
Building a market economy through WTO-inspired reform of state-owned enterprises in China. (2019). International and Comparative Law Quarterly. 68, (4), 977-1022.
Available at: https://ink.library.smu.edu.sg/sol_research/3096
Copyright Owner and License
Author
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://doi.org/10.1017/S002058931900037X
Included in
Asian Studies Commons, Comparative and Foreign Law Commons, International Trade Law Commons