Home > Research > Publications & Outputs > China's state capitalism and world trade law

Electronic data

  • China's State Capitalism and World Trade Law

    Rights statement: http://journals.cambridge.org/action/displayJournal?jid=ILQ The final, definitive version of this article has been published in the Journal, International & Comparative Law Quarterly, 63 (2), pp 409-448 2014, © 2014 Cambridge University Press.

    Accepted author manuscript, 317 KB, PDF document

Links

Text available via DOI:

View graph of relations

China's state capitalism and world trade law

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Published
<mark>Journal publication date</mark>1/04/2014
<mark>Journal</mark>International and Comparative Law Quarterly
Issue number2
Volume63
Number of pages40
Pages (from-to)409-448
Publication StatusPublished
<mark>Original language</mark>English

Abstract

Melding the power of the state with the power of capitalism, state-owned and state-controlled enterprises continue to control the commanding heights of the Chinese economy even though market-oriented reforms have led to a rapid expansion of the private sector in China. This article reflects on how China's practice of state capitalism challenges the world trading system and how WTO law, as interpreted by WTO Panels and the WTO Appellate Body (AB), addresses these challenges. The article concludes that the WTO Agreement on Subsides and Countervailing Measures (SCM Agreement) has been interpreted in such a manner that many key features of China's state capitalism could easily be challenged by its trading partners in a WTO-consistent manner. This finding has profound implications for China's domestic economic reforms, especially China's ongoing reforms of its state-owned enterprises and commercial banks.

Bibliographic note

http://journals.cambridge.org/action/displayJournal?jid=ILQ The final, definitive version of this article has been published in the Journal, International & Comparative Law Quarterly, 63 (2), pp 409-448 2014, © 2014 Cambridge University Press.