Non-market Economies in the Global Trading System: The Special Case of China

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James J. Nedumpara, Weihuan Zhou
Springer, Sep 20, 2018 - Law - 324 pages

This book provides one of the most comprehensive and compelling analysis of Non-Market Economies (NMEs) and their treatment under the current world trading system. In particular, it examines the treatment of China as an NME in anti-dumping investigations, especially post-December 2016. Central to this analysis is Section 15 of China’s Protocol of Accession to the WTO, which is the focal point of the controversy between China and other major WTO Members. The book highlights multiple perspectives on the interpretation of Section 15 and the Second Ad Note to Article VI of the General Agreement on Tariffs and Trade (GATT), which form the legal basis for China’s special treatment in anti-dumping proceedings, and provides unique approaches on interpreting the above treaty texts. In addition, the book explores recourses to trade remedy instruments other than anti-dumping to identify and address state-driven market distortions in the case of NMEs. Authored by leading practitioners and scholars, the chapters offer a detailed commentary and rich insights into the diverse approaches and methods used by anti-dumping investigation agencies of leading users. This book serves as an all-inclusive resource for discerning all facets of this issue, magnitude of the consequences, and potential threats to the delicate trading system. It is of particular relevance to economies-in-transition and newly acceding countries to the WTO. This book generates special interest among legal practitioners, exporters, trading firms, think tanks, academicians, policy makers and the entire community engaged in international trade disputes with China.

 

Contents

Nonmarket Economies in the Global Trading SystemThe Special Case of China
1
An Analysis of Chinas WTO Protocol of Accession and Member Practices
13
3 How China Did not Transform into a Market Economy
65
4 The Termination of the Grandfather Clause in Chinas Accession Protocol and the Normal Value Construction After Fifteen Years of Accession
99
Beyond the Nonmarket Economy Status
131
A Battle of Proxies?
155
7 The Issue of Particular Market Situation Under WTO Antidumping Law
185
The Evolution and Future Course of US Antidumping Law and Practice Against China and Vietnam
201
12 Conclusion
303
Annexure
307
Australia
308
Brazil
309
Canada
310
European Union
312
India
315
Mexico
316

Plus a change plus cest la mme chose
236
The Mexican Approach
259
An Assessment of Market Economy Treatment by the Indian Designated Authority from 1995 till 2018
281
South Africa
317
Index
319
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About the author (2018)

Dr. James J. Nedumpara is a Professor and Head of the Centre for International Trade and Investment Law (CTIL) established by the Government of India at the Indian Institute of Foreign Trade (IIFT). In this capacity he advises the government on various aspects relating to international trade and investment law. He is currently on leave from Jindal Global Law School where he joined as a founding faculty member. James has several years of experience in the field of international trade and economic law and has worked with leading law firms, corporate firms and also UNCTAD’s India programme before moving to academia. He was also part of the Indian delegation that appeared in the recent proceedings on India – Agricultural Products (Avian Influenza dispute) before the WTO Appellate Body. James has also taught courses in international trade law as a visiting faculty at FGV Law School, So Paolo, Brazil, ITAM Mexico City, NLSIU Bangalore, NUJS Kolkata, and the CWS-WTI Joint Summer Academy. He has also completed visiting fellowships at several leading law schools. James received his PhD in Law from the National Law School of India University, Bangalore and holds Masters degrees in Law from the University of Cambridge, UK, the New York University School of Law, USA and the National University of Singapore. He received his Bachelor of Laws degree from Mahatma Gandhi University, India. He is the Co-Chair of the South Asia International Economic Law Network (SAIELN).

Dr. Weihuan Zhou obtained his LLM and PhD from the University of Sydney, and is a Senior Lecturer in the Faculty of Law, UNSW Sydney and a member of UNSW Law’s China International Business and Economic Law (CIBEL) Initiative. He publishes widely on the laws of the World Trade Organization (WTO), trade remedies, and free trade agreements, including a recently co-edited book on the “China – Australia Free Trade Agreement”. Weihuan has been invited to speak at internationally renowned conferences and Australian Government events, and to review book proposals and manuscripts for leading academic publishers. His work has been cited in research reports submitted to the European Parliament, EU Parliament Briefings, Australia’s Productivity Commission, and also by leading experts in the field of international economic law. Weihuan is a former legal consultant at the Institute for Training and Technical Cooperation of the WTO, and has practised trade and commercial law with Corrs Chambers Westgarth. He has acted for governments and multinational companies in numerous major trade and investment matters.

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