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Journal of International Trade Law and Policy: The “public body” enquiry in WTO disputes: implications for partial privatization
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Abstract
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.
Xiaowen Tan - Personal Name
NONE
Text
ENGLISH
EMERALD INSIGHT
2022
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Xiaowen Tan. (2022).Journal of International Trade Law and Policy:
The “public body” enquiry in
WTO disputes: implications for
partial privatization.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd