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Journal of International Trade Law and Policy: China’s NME status at the WTO: analysis of the debate
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Abstract
Purpose – Although officially ended in July 2020, China’s dispute about its non-market economy (NME)
status at the World Trade Organization (WTO) is far from being resolved. The NME status enables China’s
counterparts to disregard Chinese prices in antidumping proceedings and instead use the so-called surrogate
country methodology. This paper aims to structure and analyze the complex debate, which emerged with the
disputes China has filed against the European Union and the USA at the WTO, and therefore provide a point
of reference for future analysis of and debates about China’s NME status.
Design/methodology/approach – The analysis is based on the existing academic literature on the topic
and on the legal WTO-related documents (e.g. multilateral agreements, China’s Accession Protocol, legal
findings of the WTO dispute panels).
Findings – Four different interpretations of the respective legal documents about China’s NME status are
discussed and strong and weak aspects of these interpretations are pointed out. Also, several
misunderstandings and mistakes appearing in the debate are clarified.
Practical implications – As the question of China’s position at the WTO and its NME status has not
been resolved yet and some authors believe that China will pursue its case again once the WTO Appellate
Body revives its functionality, the analysis of the debate can serve as a point of reference for the academic
debate and the future research on this topic. Moreover, it offers an introduction to China’s NME position at the
WTO for the newcomers to this topic.
Originality/value – Although China’s NME status has been much discussed, there is no literature review
that would structure the debate and point out some of the (dis)advantages of the respective arguments and
interpretations. Rather than adding to the large corpus of literature about the NME status, this study takes
this corpus as the object of its analysis.
Mirek Tobiaš Hošman - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2021
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Mirek Tobiaš Hošman. (2021).Journal of International Trade Law and Policy:
China’s NME status at the WTO:
analysis of the debate.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd