This book takes a look at the first two years of China’s membership in the WTO and attempts to assess the level of China’s WTO compliance achieved to date and the problems that remain ahead. In particular, the book examines: - China's modification to its laws and regulations, China's participation in WTO committee work, and technical assistance programs available to China from the WTO, the US and other member nations; - How effectively the WTO’s first and second Transitional Review Mechanisms have operated; - The US-China bilateral relationship and structures in place for discussion of US-China trade issues and major WTO compliance issues; -The monitoring of China’s WTO compliance by the US government and private sector groups, as well as a survey of the important compliance issues that arose in the first two years of China’s WTO membership; - The use made by the US of transitional rights outlined in China’s accession agreement, in particular, the textile and product-specific safeguards, and the non-market economy methodology used in antidumping proceedings concerning products from China. Published under the Transnational Publishers imprint.

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.

"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.

China's historic accession to the World Trade Organization (WTO) in November 2001 not only represents an important milestone in the country’s transition to a market economy and integration into the global economy, but is also among the most important events in the history of the WTO and the multilateral trading system. China and Global Trade Governance: China's First Decade in the World Trade Organization provides us with some fresh empirical data to assess the country’s behaviour in the liberal international economic regime. Such an assessment is both timely and necessary as it can help us better understand China’s role in the evolving structure of global economic governance, in addition to shedding light on the broader debate about the implications of the rise of China for the international system. Through a thorough examination of China’s WTO compliance record and its experience in multilateral trade negotiations, this book seeks to better understand the sources of constraints on China’s behaviour in the multilateral trade institution as well as the country’s influence on the efficacy of the World Trade Organization. In doing so, this project speaks directly to the following questions raised by China’s unprecedented ascent in the international system: Is China a rule maker, rule follower, or rule breaker in international regimes? Is Beijing a responsible stakeholder capable of making positive contributions to global trade governance in the long-term?

This book examines, from the legal perspective, China's process of WTO accession, its commitments to the accession, the implications of such commitments for its trade and legal systems, and its efforts towards WTO compliance. It also discusses the issue of the capacity of the evolving Chinese legal system for ensuring compliance. In particular, the book probes into the trade and legal systems at the turn of the accession and evaluates selected trade and legal issues, including intellectual property, foreign investment law and settlement of trade disputes.

China, the world's sixth largest economy, has recently joined the rules-based international trading system. What are the implications of this accession? Leading scholars and practitioners from the US, Europe, China, Australia and Japan argue that China's membership will affect the WTO's decision-making, dispute resolution and rule-based structures. It will also spur legal and economic reform, have far-reaching social, political and distributional consequences in China, facilitate a new role for China in international geo-political affairs, and alter the shape, structure and content of the international trading system as a whole. Of interest to scholars of China, as well as trade lawyers and economists.