Book contents
- Between Market Economy and State Capitalism
- Cambridge International Trade and Economic Law
- Between Market Economy and State Capitalism
- Copyright page
- Contents
- Figures and Tables
- Foreword
- Preface and Acknowledgements
- Table of Cases
- Abbreviations
- 1 China, State Capitalism and the World Trading System
- 2 The Evolution of China’s Reforms of State-Owned Enterprises (1978–2020)
- 3 State Capitalism in China’s Accession to the WTO
- 4 The Limits of General WTO Rules
- 5 The Potential of WTO Rules on Industrial Subsidies and China-Specific Obligations
- 6 Emerging Approaches to Regulating State-Owned Enterprises
- 7 Tackling China’s State Capitalism
- 8 Conclusion
- Index
5 - The Potential of WTO Rules on Industrial Subsidies and China-Specific Obligations
Published online by Cambridge University Press: 10 November 2022
- Between Market Economy and State Capitalism
- Cambridge International Trade and Economic Law
- Between Market Economy and State Capitalism
- Copyright page
- Contents
- Figures and Tables
- Foreword
- Preface and Acknowledgements
- Table of Cases
- Abbreviations
- 1 China, State Capitalism and the World Trading System
- 2 The Evolution of China’s Reforms of State-Owned Enterprises (1978–2020)
- 3 State Capitalism in China’s Accession to the WTO
- 4 The Limits of General WTO Rules
- 5 The Potential of WTO Rules on Industrial Subsidies and China-Specific Obligations
- 6 Emerging Approaches to Regulating State-Owned Enterprises
- 7 Tackling China’s State Capitalism
- 8 Conclusion
- Index
Summary
Chapter 5 discusses the great potential of China-specific rules on pricing and commercial behaviour of SOEs, coupled with WTO rules on subsidies both in the original Agreement on Subsidies and Countervailing Measures (SCM Agreement) and further elaborated in China’s WTO Accession Protocol. In particular, in response to the argument that WTO subsidy rules have been rendered ineffective by the AB’s interpretation of the term ’public body’, we argue that the utility of the provision has been rehabilitated by the AB’s subsequent decision in US–Countervailing Measures (China) (Article 21.5). Moreover, even the original ’authority-based’ test is no longer an insurmountable hurdle due to the back-tracking of China’s SOE reform in recent years, which resulted in more micro-management by the Party and state in the management of SOEs. Thus, the best way to tackle China’s state capitalism is through WTO litigation based on existing rules discussed in this chapter.
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- Between Market Economy and State CapitalismChina's State-Owned Enterprises and the World Trading System, pp. 97 - 126Publisher: Cambridge University PressPrint publication year: 2022