China's state capitalism and world trade law

Du, Ming (2014) China's state capitalism and world trade law. International and Comparative Law Quarterly, 63 (2). pp. 409-448. ISSN 0020-5893

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Melding the power of the state with the power of capitalism, state-owned and state-controlled enterprises continue to control the commanding heights of the Chinese economy even though market-oriented reforms have led to a rapid expansion of the private sector in China. This article reflects on how China's practice of state capitalism challenges the world trading system and how WTO law, as interpreted by WTO Panels and the WTO Appellate Body (AB), addresses these challenges. The article concludes that the WTO Agreement on Subsides and Countervailing Measures (SCM Agreement) has been interpreted in such a manner that many key features of China's state capitalism could easily be challenged by its trading partners in a WTO-consistent manner. This finding has profound implications for China's domestic economic reforms, especially China's ongoing reforms of its state-owned enterprises and commercial banks.

Item Type:
Journal Article
Journal or Publication Title:
International and Comparative Law Quarterly
Additional Information: The final, definitive version of this article has been published in the Journal, International & Comparative Law Quarterly, 63 (2), pp 409-448 2014, © 2014 Cambridge University Press.
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Deposited On:
01 May 2014 08:32
Last Modified:
26 Jan 2023 01:43