The China, Inc. Challenge to Global Trade Governance

• 成果类型: Article
• 署名作者: Wu, Mark
• 署名单位: Harvard University
• 刊物名称: HARVARD INTERNATIONAL LAW JOURNAL
• ISSN/ISSBN: 0017-8063
• 发表日期: 2016
• 页码: 261-324
• 关键词: STATE CAPITALISM; UNITED-STATES; MARKET-ECONOMY; WORLD; POLITICS; TRANSITION; LAWS

摘要

In the past decade, the World Trade Organization has adjudicated over forty disputes between China and other powerful economies. These cases are often trumpeted as a sign of the enduring strength of the trade regime and the efficacy of international law in managing geopolitical tensions associated with China's rise. This Article suggests that this positive assessment obfuscates dangers lurking on the horizon. It explains why the rise of China presents a major challenge to the multilateral trade regime. At the heart of this challenge is the fact that China's economic structure is sui generic, having evolved in a manner largely unforeseen by those negotiating WTO treaty law. As a result, the WTO can deal effectively with only a limited range of disputes those in which Chinese policies largely resemble elements of other alternative economic structures. Outside of this set of issues, the WTO faces two very different but equally serious challenges. The first is reinterpreting certain legal concepts to adapt and fit an unforeseen Chinese context. The second is deciding whether to expand the scope of its legal rules to accommodate issues that currently fall outside its jurisdiction. This Article explores options for meeting these challenges. It suggests that the most likely outcome is one in which China's rise will exacerbate the diminishing centrality of WTO law for global trade governance.