China's WTO case ten years sued far more prosecutions

02/02/2015 12:00 - 505 Views

Reporters from the WTO case selection -WTO << ZHANG Yuqing hot issues meta >> (hereinafter referred to as meta << >>) on a new book forum learned that in December 2001 to December 2014 during the WTO 13 years, China as the first Cases tripartite participation of the WTO dispute settlement there were 113 cases, as the parties involved in a total of 44 cases, of which 12 cases as the prosecution, as the respondent party 32 cases since 2007, the surge in cases involving China, almost every nine cases involving China have together. forum by the Chinese People's University Law School and China Business Publishing recently co-hosted in Beijing.

Meta << >> pointed out that China's accession to the WTO before the five years (to 2006) mainly as a third party to participate in the WTO dispute settlement, since the prosecution and the defendant have a .2007 after becoming the object of the respondent, 2007-2012 of 6 1/9 years, China is the total number of WTO respondent party, according to September 2013 statistics, WTO cases currently before a total of 26 cases, there are seven Chinese sued, sued two Since a total of 9 cases, accounting for almost a third of the WTO General case. China is a major participant in the current WTO dispute settlement mechanism

At present, China is much higher than the prosecution case alleged cases, but mostly Chinese measures inconsistent with the provisions of the Agreement or inconsistent commitment WT0 China's WTO Accession Protocol ended Prosecution case, United States v. 9 from China, three from the European Union complaint, the respondent case, United States v. China 15 cases, seven EU v China, Mexico v 4 from China, three from Canada, two from Japan, one from Guatemala. China prosecution objects are concentrated in the United States and the European Union who also prosecuted members of China mainly the United States and the European Union.

China v. United States, the European Union mainly for its exports to China have taken 'two against one insurance' (anti-dumping, countervailing and safeguard measures), namely the anti-Europe trade remedy measures are taken, a relatively narrow range of cases. Moreover, Basic is an active case finding by the Commerce Department, the initiative launched by the Ministry of Commerce Trade and Relief Agency have in place to investigate and deal with trade barriers, but basically not a direct result of the prosecution case.

And the case of the United States and Europe and other major developed country members are from the inner driving force of enterprises, the main case involving government subsidies and thus spread to other issues, such as the MFN, national treatment, China has adopted anti-dumping and countervailing measures, China export restrictions on raw materials, in violation of the General Agreement on Trade in Services << >>, foreign trade rights commitment, intellectual property protection

<< >> Meta noted above are the focus of China frequently sued issues, especially with China's government subsidies anti-dumping and countervailing measures are the focus of the respondent, it is worth attention.

Cases have occurred from the respondent, the majority of cases (except the two trans-protection case) from other departments of the State Council of economic or industrial policy (such as integrated tax case, the case of auto parts, raw materials export case, the case of publication, copyright case, etc.), the Ministry of Commerce is the lead in responding to the WTO. The reason being sued or losing, mainly due to the lack of relevant 'pre-WTO demonstration measures' to develop programs, policies and measures still remain in racking our brains or behind closed doors.

The data also show that from a global perspective, the current field of international trade disputes in cases involving a broad but focused, MFN, national treatment is almost eternal theme of dispute resolution, and secondly, trade remedy cases (anti-dumping, countervailing and safeguard measures) has been among the best, from a total of 237, 51% of the total cases, once again is agricultural products, 15.6% of the total cases.

Source: fireinews.com