اجرای چین از احکام سازمان جهانی تجارت (سری حقوق اقتصادی بین‌المللی چین)

Amid the ongoing crisis surrounding the WTO, China's role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China's compliance with the rulings of the WTO's dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China's implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests. Overall, this book argues that the issues relating to the quality of China's compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China's record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the 'crown jewel' of the multilateral trading system. Table of Contents List of Abbreviations List of WTO Panel and Appellate Body Reports List of Chinese Legislation and Regulatory Documents 1. Introduction I. Introduction II. The DSM and its Function III. Compliance under the DSM IV. China’s Participation in the DSM V. This Book 2. Disputes Settled Without WTO Rulings I. Introduction II. The Ten Disputes III. An Assessment of China’s Approach to Settling Disputes by Agreement and Implications IV. Conclusion 3. China’s Regulation of Imports and Implementation of WTO Rulings I. Introduction II. China’s Regulation of Imports III. China – Auto Parts IV. China – Publications and Audiovisual Products V. Conclusion 4. China’s Regulation of Exports and Implementation of WTO Rulings I. Introduction II. China’s Regulation of Imports III. China – Raw Materials & China – Rare Earths IV. Conclusion 5. China’s Regulation of Trade in Services and Implementation of WTO Rulings I. Introduction II. China’s Regulation of Trade in Services III. China – Publications and Audiovisual Products IV. China – Electronic Payment Services V. Conclusion 6. China’s Regulation of Intellectual Property and Implementation of WTO Rulings I. Introduction II. China’s Regulatory Regime for Intellectual Property III. China – Intellectual Property Rights IV. The Pending Disputes V. Conclusion 7. China’s Trade Remedy Regime and Implementation of WTO Rulings I. Introduction II. China’s Trade Remedy Regime and Practice III. WTO Trade Remedy Disputes and China’s Implementation IV. China’s Approach to WTO Compliance and Implications V. Conclusion 8. Conclusion I. Introduction II. China’s Compliance with WTO Rulings III. Implications for WTO Members and the DSM IV. The ‘Crown Jewel’ of the Multilateral Trading System Index "Amid the ongoing crisis surrounding the WTO, China{u2019}s role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China{u2019}s compliance with the rulings of the WTO{u2019}s dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China{u2019}s implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests. Overall, this book argues that the issues relating to the quality of China{u2019}s compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China{u2019}s record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the {u2018}crown jewel{u2019} of the multilateral trading system"-- Provided by publisher