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Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao
Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao
Research Collection Yong Pung How School Of Law
To protect the trade interests of their firms in foreign markets, several countries have established various institutional arrangements. For example, the United States has the section 301 procedure, while the EU has the Trade Barrier Regulation (TBR). Learning from their experiences, China also established its own Foreign Trade Barrier Investigation (TBI) mechanism in 2002. This article starts with a discussion on the background for its establishment as well as the substantive and procedural requirements for investigations under TBI. In the next part, the article discusses how TBI has worked in practice by reviewing the Japan – Quantitative Restrictions on Laver …
Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao
Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao
Research Collection Yong Pung How School Of Law
To many observers, a major challenge raised by China's accession to the WTO is whether the WTO dispute settlement system could cope with China, one of the major traders in the world with an economy that is halfway between a planned economy and a market economy. In this article, the author tries to answer this question by reviewing China's experience in the WTO dispute settlement system. Historically, the senior leadership in China attached disproportionate importance to the WTO dispute settlement system and preferred to avoid using the system. Thus, in the first four cases in which China was sued or …
China's Participation In The Wto: A Lawyer's Perspective, Henry Gao
China's Participation In The Wto: A Lawyer's Perspective, Henry Gao
Research Collection Yong Pung How School Of Law
On 10 November 2001, China finally acceded to the World Trade Organization (WTO) after a marathon negotiation spanning 15 years. China's membership in the WTO raises interesting questions for both the WTO and China. For the WTO, the question is how to deal with China?a huge country of growing importance as a major global exporter and importer but is still in economic transition. For China, the question is how to implement the numerous obligations in the WTO accession package. This paper sets out by reviewing China's experience in the General Agreement on Tariffs and Trade (GATT) and the WTO. It …