scholarly journals Appellate Body Report onEU−Biodiesel: The Future of China's State Capitalism under the WTO Anti-Dumping Agreement

2018 ◽  
Vol 17 (4) ◽  
pp. 609-633 ◽  
Author(s):  
WEIHUAN ZHOU
Keyword(s):  
State Intervention ◽  
The Other ◽  
Policy Debate ◽  
Trading System ◽  
State Capitalism ◽  
Appellate Body ◽  
The World ◽  
World Trading System ◽  
Price Distortions ◽  
Antidumping Measures

AbstractChina's unique economic system poses increasing challenges to the world trading system and attracts growing academic and policy debate. WTO members have frequently resorted to antidumping measures in dealing with price distortions caused by the Chinese government's influence on the economy. The Appellate Body's decision in the recentEU–Biodieseldispute starts to remove the flexibility of condemning state intervention and price distortions under the WTO Anti-Dumping Agreement through antidumping measures. This decision, read with the relevant WTO jurisprudence on the ‘ordinary course of trade’ test and subsidies, suggests that price distortions resulting from state intervention should be addressed under other WTO rules. Therefore, it is necessary for WTO members to shift their focus to, and explore the capacity of, the other rules to overcome the challenges arising from China's state capitalism.

scholarly journals CHINA'S STATE CAPITALISM AND WORLD TRADE LAW

2014 ◽  
Vol 63 (2) ◽  
pp. 409-448 ◽  
Author(s):  
Ming Du
Keyword(s):  
Chinese Economy ◽  
Rapid Expansion ◽  
Trading System ◽  
State Capitalism ◽  
Trade Law ◽  
Appellate Body ◽  
Trading Partners ◽  
Consistent Manner ◽  
World Trading System ◽  
Wto Appellate Body

AbstractMelding the power of the state with the power of capitalism, state-owned and state-controlled enterprises continue to control the commanding heights of the Chinese economy even though market-oriented reforms have led to a rapid expansion of the private sector in China. This article reflects on how China's practice of state capitalism challenges the world trading system and how WTO law, as interpreted by WTO Panels and the WTO Appellate Body (AB), addresses these challenges. The article concludes that the WTO Agreement on Subsides and Countervailing Measures (SCM Agreement) has been interpreted in such a manner that many key features of China's state capitalism could easily be challenged by its trading partners in a WTO-consistent manner. This finding has profound implications for China's domestic economic reforms, especially China's ongoing reforms of its state-owned enterprises and commercial banks.

scholarly journals United States – Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina: a cloudy sunset

2008 ◽  
Vol 7 (1) ◽  
pp. 235-263 ◽  
Author(s):  
GENE M. GROSSMAN ◽  
JASPER WAUTERS
Keyword(s):  
United States ◽  
Review Process ◽  
High Standard ◽  
Trading System ◽  
Appellate Body Report ◽  
Appellate Body ◽  
The World ◽  
World Trading System ◽  
Wto Appellate Body ◽  
Very High

AbstractWe review the WTO Appellate Body report on United States – Sunset Reviews of Anti-Dumping Measures on Oil Country Tubular Goods from Argentina (WT/DS268/AB/R, 29 November 2004). This dispute is one of several that deals with sunset reviews of antidumping-duty orders. In its ruling, the AB reasserts a rigid distinction between mandatory and discretionary law, and sets a very high standard for Member challenges to laws or practices that allow for violations of WTO obligations but do not mandate such behavior. We argue that this ruling is unfortunate, because it diminishes scope of and incentives for ‘as-such’ challenges to laws and practices, which have a potentially useful role to play in the world trading system. The AB ruling also overlooks the purpose and objectives of sunset reviews – to ensure that duty orders are not extended when their removal would generate no harm to an import competing industry – by failing to impose sufficient discipline on their conduct. We argue that a sunset review requires an evaluation of competitive conditions in the industry and of the reasons and incentives for dumping, in order that the investigating authority can judge whether the removal of a duty order would lead to a continuation or recurrence of dumping and injury. The Appellate Body's rulings in this and other similar cases have the effect of relieving the investigating authority of this responsibility and thereby render the sunset review process virtually meaningless.

The Political Economy of the World Trading System: From GATT to WTO

1996 ◽  
Vol 75 (4) ◽  
pp. 140
Author(s):  
Richard N. Cooper ◽  
Bernard Hoekman ◽  
Michel Kostecki
Keyword(s):  
Political Economy ◽  
The Political ◽  
Trading System ◽  
The World ◽  
World Trading System

scholarly journals Will International Rules on Subsidies Disrupt the World Trading System?

2006 ◽  
Vol 96 (3) ◽  
pp. 877-895 ◽  
Author(s):  
Kyle Bagwell ◽  
Robert W Staiger
Keyword(s):  
Market Access ◽  
Formal Analysis ◽  
Trading System ◽  
Domestic Production ◽  
Multilateral Trading System ◽  
The World ◽  
World Trading System ◽  
The Creation ◽  
The Impact ◽  
The Multilateral Trading System

We provide a first formal analysis of the international rules that govern the use of subsidies to domestic production. Our analysis highlights the impact of the new subsidy disciplines that were added to GATT rules with the creation of the WTO. While GATT subsidy rules were typically viewed as weak and inadequate, our results suggest that the key changes introduced by the WTO subsidy rules may ultimately do more harm than good to the multilateral trading system by undermining the ability of tariff negotiations to serve as the mechanism for expanding market access to more efficient levels.

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