Impact of China's Accession Protocol on its participation in the WTO dispute settlement mechanism: An analysis of eleven cases involving China's Accession Protocol
It has been twenty-three years since China acceded to the WTO. Since then, China has participated in high-profile disputes through the WTO's DSM. During this period, China has evolved from being a silent observer to a sophisticated participant in the DSM. This has provided a valuable opportunit...
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Elsevier
2025-01-01
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| Online Access: | http://www.sciencedirect.com/science/article/pii/S2405844024159178 |
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| author | Sa Qianyi |
| author_facet | Sa Qianyi |
| author_sort | Sa Qianyi |
| collection | DOAJ |
| description | It has been twenty-three years since China acceded to the WTO. Since then, China has participated in high-profile disputes through the WTO's DSM. During this period, China has evolved from being a silent observer to a sophisticated participant in the DSM. This has provided a valuable opportunity to observe China's participation in the DSM and to analyse the factors affecting China's performance. This article examines China's engagement in the DSM relating to cases concerning China's Accession Protocol in which China was involved as a respondent. Based on an in-depth analysis of eleven Protocol-related cases settled among all cases pertaining to China's Accession Protocol, I conclude that both the Accession Protocol itself and the interpretive approach adopted by the DSB have made it challenging for China to defend against allegations of violating its obligations under China's Accession Protocol and the associated commitments outlined in China's Working Party Report. WTO Members can consequently without difficulty resort to certain provisions under China's Accession Protocol to bring cases against China. |
| format | Article |
| id | doaj-art-b848c12b1a5e436ab88ee7f45d75cb58 |
| institution | Kabale University |
| issn | 2405-8440 |
| language | English |
| publishDate | 2025-01-01 |
| publisher | Elsevier |
| record_format | Article |
| series | Heliyon |
| spelling | doaj-art-b848c12b1a5e436ab88ee7f45d75cb582025-01-17T04:49:39ZengElsevierHeliyon2405-84402025-01-01111e39886Impact of China's Accession Protocol on its participation in the WTO dispute settlement mechanism: An analysis of eleven cases involving China's Accession ProtocolSa Qianyi0Tianjin Normal University Law School, China; Center for International Finance and Economics Research, PBC School of Finance, Tsinghua University, China; Durham University, United Kingdom; SOAS, University of London, United KingdomIt has been twenty-three years since China acceded to the WTO. Since then, China has participated in high-profile disputes through the WTO's DSM. During this period, China has evolved from being a silent observer to a sophisticated participant in the DSM. This has provided a valuable opportunity to observe China's participation in the DSM and to analyse the factors affecting China's performance. This article examines China's engagement in the DSM relating to cases concerning China's Accession Protocol in which China was involved as a respondent. Based on an in-depth analysis of eleven Protocol-related cases settled among all cases pertaining to China's Accession Protocol, I conclude that both the Accession Protocol itself and the interpretive approach adopted by the DSB have made it challenging for China to defend against allegations of violating its obligations under China's Accession Protocol and the associated commitments outlined in China's Working Party Report. WTO Members can consequently without difficulty resort to certain provisions under China's Accession Protocol to bring cases against China.http://www.sciencedirect.com/science/article/pii/S2405844024159178WTODispute settlement systemProtocol of accessionWorking party report |
| spellingShingle | Sa Qianyi Impact of China's Accession Protocol on its participation in the WTO dispute settlement mechanism: An analysis of eleven cases involving China's Accession Protocol Heliyon WTO Dispute settlement system Protocol of accession Working party report |
| title | Impact of China's Accession Protocol on its participation in the WTO dispute settlement mechanism: An analysis of eleven cases involving China's Accession Protocol |
| title_full | Impact of China's Accession Protocol on its participation in the WTO dispute settlement mechanism: An analysis of eleven cases involving China's Accession Protocol |
| title_fullStr | Impact of China's Accession Protocol on its participation in the WTO dispute settlement mechanism: An analysis of eleven cases involving China's Accession Protocol |
| title_full_unstemmed | Impact of China's Accession Protocol on its participation in the WTO dispute settlement mechanism: An analysis of eleven cases involving China's Accession Protocol |
| title_short | Impact of China's Accession Protocol on its participation in the WTO dispute settlement mechanism: An analysis of eleven cases involving China's Accession Protocol |
| title_sort | impact of china s accession protocol on its participation in the wto dispute settlement mechanism an analysis of eleven cases involving china s accession protocol |
| topic | WTO Dispute settlement system Protocol of accession Working party report |
| url | http://www.sciencedirect.com/science/article/pii/S2405844024159178 |
| work_keys_str_mv | AT saqianyi impactofchinasaccessionprotocolonitsparticipationinthewtodisputesettlementmechanismananalysisofelevencasesinvolvingchinasaccessionprotocol |