Explaining the Limits of the WTO in Shaping the Rule of Law in China

2020 ◽  
Vol 23 (4) ◽  
pp. 885-905
Author(s):  
Ming Du ◽  
Qingjiang Kong
Keyword(s):  
World Trade Organization ◽  
Rule Of Law ◽  
World Trade ◽  
Western World ◽  
Positive Role ◽  
The Rule Of Law ◽  
National Security Strategy ◽  
The World ◽  
The Impact ◽  
Law Construction

ABSTRACT When China acceded to the World Trade Organization in 2001, pundits were enthusiastic about the prospect that China’s World Trade Organization membership would boost international trade, encourage China’s restructuring toward a market economy, discipline the domestic legal system, and strengthen the rule of law in China. More recently, however, serious concerns have been raised regarding China’s record on the rule of law. The first National Security Strategy report issued by the Trump Administration in December 2017 claimed that China’s increased participation in the liberal international economic system had not effectuated China’s deeper engagement with, or respect for, the rule of law. The purpose of this article is to take a critical look at the two contrasting narratives on the impact of the World Trade Organization on China’s rule of law construction over the past two decades. It concludes that, although the World Trade Organization has played a positive role in advancing the rule of law in China, such a role has long been exaggerated. Accordingly, we provide an account of why the World Trade Organization has failed to play a catalyst role in instituting the rule of law in China widely expected in the western world.

scholarly journals Policy renewal of Indonesian mineral and coal smelters for Global Impact

2022 ◽  
Vol 27 ◽  
pp. 379-383
Author(s):  
M. Fadly Fitri ◽  
I Nyoman N ◽  
Slamet Suhartono ◽  
Budiarsih Budiarsih
Keyword(s):  
World Trade Organization ◽  
Rule Of Law ◽  
World Trade ◽  
The Rule Of Law ◽  
Legal Norms ◽  
The Public ◽  
Global Impact ◽  
The World ◽  
The Republic ◽  
The Right

This research is normative law. The rule of law gives the highest supremacy to a country in providing welfare and forming legal norms, the ratification of GATT through Law No.7 of 1994 concerning Ratification of the Agreement Establishing The World Trade Organization (ADDITIONAL TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NO. 3564) is the rule of law that has the highest supremacy, the result is to comply with the ratified GATT legal norms where the related parties of the public contract agreement can exercise the right to test for inconsistencies.

scholarly journals The Rule of Law or the Perception of the Beholder? Why Investment Arbitrators are Under Fire and Trade Adjudicators are Not: A Response to Joost Pauwelyn

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 302-308 ◽  
Author(s):  
Freya Baetens
Keyword(s):  
World Trade Organization ◽  
Rule Of Law ◽  
World Trade ◽  
World Politics ◽  
The Rule Of Law ◽  
Parallel Processes ◽  
Cross Border ◽  
Border Trade

In his thought-provoking and timely article, Pauwelyn asks how it can be “that today’s perception of two parallel processes involving the legalization of world politics, and on two closely related subjects of global economic affairs—cross-border trade and cross-border investment—differs so much?” He focuses on one explanation: the individuals deciding World Trade Organization (WTO) versus International Centre for the Settlement of Investment Disputes (ICSID) disputes.

A WTO Ruling Matters: Citizens’ Support for the Government’s Compliance with Trade Agreements

2019 ◽  
Vol 25 (2) ◽  
Author(s):  
Naoko Matsumura
Keyword(s):  
Public Opinion ◽  
World Trade Organization ◽  
Empirical Evidence ◽  
World Trade ◽  
Trade Agreements ◽  
Survey Experiment ◽  
Trade Dispute ◽  
The World ◽  
The Impact ◽  
Wto Agreements

AbstractAn international court’s ruling is expected to influence public opinion because of the perception of its legality and the subsequent costs of noncompliance. However, there has been little direct empirical evidence to support this claim. To close this lacuna, I conducted a survey experiment to examine the power of a court’s ruling in the context of a trade dispute. The experiment shows that citizens become less supportive of their government’s noncompliance with GATT/WTO agreements when the World Trade Organization issues an adverse ruling, compared to when their government is verbally accused of a violation of the same agreements by a foreign country. However, the experiment also finds that the impact of a ruling is conditional upon the level of compliance of the winner of the dispute.

International Tourism

2020 ◽  
Author(s):  
Bob McKercher ◽  
Bruce Prideaux
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
International Tourism ◽  
Diplomatic Relations ◽  
Trade In Services ◽  
Political Factors ◽  
Political Relationships ◽  
The World ◽  
The Impact ◽  
Tourism Flows

International tourism is influenced by both small and big ‘P’ politics. Political factors influence who can visit a country and who is not welcome. As Artal-Tur et al. (2015) note, the impact of diplomatic relations on tourism flows is immense. Political relationships influence international air service agreements and through the General Agreement of Trade in Services, controlled by the World Trade Organization (WTO), influence the internationalization of tourism in all areas. To understand international tourism, then, you need a general understanding of the international trade dimensions that guide it and the politics behind some of them.

China and the wto Appellate Body’s Rule of Law

2016 ◽  
Vol 5 (1) ◽  
pp. 146-182
Author(s):  
Henrik Andersen
Keyword(s):  
Human Rights ◽  
World Trade Organization ◽  
Rule Of Law ◽  
World Trade ◽  
Methodological Approach ◽  
Chinese Context ◽  
Appellate Body ◽  
The World ◽  
Globalized World ◽  
Rights Issues

The World Trade Organization is no longer just seen through intergovernmental lenses. Rule of law is part of the vocabulary of the wto and is developed by the Appellate Body. However, the concept of rule of law is a hazy concept, laden with normative challenges with an Eurocentric base in a globalized world. This article addresses how China approaches rule of law at the wto level. Rule of law in a Chinese context has specific Chinese traits and the question is how it corresponds with wto rule of law. The article claims that China recognizes rule of law at wto level and accepts the methodological approach by the Appellate Body. However, a wto rule of law has not been challenged with human rights issues and it needs further refinement. So far it has served Chinese interests which might be a reason behind the Chinese approach.

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