The Treatment of Chinese SOEs in China's WTO Protocol of Accession

Levy, Philip I.

doi:10.1017/s1474745617000246

Cited by 7 publications

(2 citation statements)

References 6 publications

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“…The broadly shared outlook is that the Protocol has failed to provide the requisite clarity about what China’s SOE obligations were (Levy, 2017). As criticized by Qin, the notification requirement does not identify subsidies provided through State-owned commercial banks (SOCBs), and China only promised “progressive work towards a full notification of subsidies” (WTO, 2001b).…”

Section: Partial Privatization Of State-owned Enterprises: Example Of...mentioning

confidence: 99%

The “public body” enquiry in WTO disputes: implications for partial privatization

Tan¹

2022

JITLP

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Purpose This paper aims to question the “conventional” privatization of State-owned enterprises (SOEs) and to propose the neutral position adopted by the Dispute Settlement Body (DSB) to reconcile the divergent views within the World Trade Organization (WTO) regime. Design/methodology/approach China’s partially privatized SOEs have raised numerous attention in WTO disputes regarding whether China's way of social and economic reform is consistent with its accession commitments and with WTO rules, in particular subsidy rules. Instead of providing a definite legal standard applicable to the “public body” enquiry, the DSB adopts the neutral position to reconcile the divergent views between developed and developing countries on whether not fully privatized SOEs constitute “public body.” Findings Albeit with interpretative vagueness, the value of DSB’s neutral position lies in its adequacy: first, the adequacy to address the complexity of SOE privatizations in developing countries; second, the adequacy to engage relevant parties to maintain the multilateral trading system; and third, not to impose specific impact on justification of countervailing duties. Originality/value This paper captures the recent developments in “public body” enquiry and calls for a compromised approach to maintain the WTO-like multilateral trade regime and to allow for more policy spaces for developing countries that best fit their unique circumstances and needs. It sees new and significant information, in the sense that the paper aims to present why China’s partial privatization benefits from the WTO “neutrality” on the subject.

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Section: Partial Privatization Of State-owned Enterprises: Example Of...mentioning

confidence: 99%

The “public body” enquiry in WTO disputes: implications for partial privatization

Tan¹

2022

JITLP

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“…In his view, a sophisticated 'control'-criterion seems appropriate, and he advances a few thoughts regarding the manner in which it should be practiced. Levy (2017) discusses the manner in which SOEs have been handled in Protocols of Accession. His main conclusion is that they have not been handled particularly well.…”

Section: The Substantive Trade Regimementioning

confidence: 99%

Free Markets, State Involvement, and the WTO: Chinese State-Owned Enterprises in the Ring

Mavroidis

Janow

2017

World Trade Review

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Issues surrounding the operation of state-owned enterprises in the international trading system is an understudied area and yet one of increasing importance, particularly given the size and significance of Chinese state-owned enterprises (SOEs). We start by situating the SOEs within the GATT and WTO frameworks and then summarize the main findings of a set papers prepared for an advanced law and policy seminar on SOEs held at Columbia Law School in the fall 2016.

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The Role of State-Owned Enterprises in the Economic Transnational Relations

Pernazza

2023

State and Enterprise

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The Treatment of Chinese SOEs in China's WTO Protocol of Accession

Cited by 7 publications

References 6 publications

The “public body” enquiry in WTO disputes: implications for partial privatization

The “public body” enquiry in WTO disputes: implications for partial privatization

Free Markets, State Involvement, and the WTO: Chinese State-Owned Enterprises in the Ring

The Role of State-Owned Enterprises in the Economic Transnational Relations

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