WTO and the Greater China: Economic Integration and Dispute Resolution

ISBN-13: 9789004208988 / Angielski / Twarda / 2012 / 308 str.

Chien-Huei Wu

Opis

This book illustrates how the constitutional feature of the WTO - allowing separate customs territories to become a Member - brings about the coexistence of China, Taiwan, Hong Kong and Macau (the Greater China) in the WTO. It examines the economic integration and the dispute settlement systems within Greater China. It explores their interactions within the multilateral WTO framework, their practices under the new genre of FTA, and their policies in adopting trade defence measures against each other. This book offers a good case study on the impact of WTO membership upon domestic reform and how it contributes to regional integration. It also provides a comprehensive analysis on the existing provisions in the WTO agreements pertaining to judicial review.

Focusing on the impact of WTO disciplines, this book explores the WTOs contribution to domestic reform, economic integration and dispute settlement of China, Taiwan, Hong Kong and Macau: the four WTO Members in Greater China.

Spis treści

List of Acronyms and Abbreviations
Table of Legislation
Table of Cases

Chapter I: Introduction
I. Different roads to Geneva: Legal Bases and Accession History
II. The Four Members of the Greater China in the WTO
III. The Structure of the Work

Chapter II Effective Judicial Review in External Trade Relations in the Greater China
I. Closer Economic Interdependence gives Rise to Trade Disputes
II. Effective judicial review and implementation of the WTO agreement
III. The Contribution of Strengthened Judicial Protection to The Greater China
IV. Short Conclusion

Chapter III WTO Constitutionalism and its Contribution to Judicial Settlement of Trade Disputes in the Greater China
I. Introduction
II. Three Versions of Constitutionalism in the WTO
III. The Pursuit Of WTO Constitutionalism and Its Contribution to Judicial Settlement of Trade Disputes in Greater China
IV. Short Conclusion

Chapter IV Domestic Judicial Review in WTO Agreements
I. Introduction
II. Article X: 3 of GATT 1994 and Annexed Agreements
III. Article 13 of Anti-Dumping Agreement and Article 23 of Agreement on Subsidies and Countervailing Measures
IV. Article 11 of Agreement on Customs Valuation and Article 3(5) of Agreement on Import Licensing Procedures
V. Article VI:2 of the GATS
VI. TRIPS Agreement
VII. Article 4 of Pre-Shipment Inspection Agreement
VIII. Article XX of Government Procurement Agreement
IX. Short Conclusion

Chapter V Judging Judges: China's WTO Obligation to Provide An Independent and Impartial Judicial Review
I. Introduction
II. China's obligation to provide an independent and impartial judicial review
III. Global and Regional Standards on Independence and Impartiality
IV. Judicial Review in China: Law and Practice
V. Short Conclusion

Chapter VI Twenty Years After Liberalisation: Is it Time for Taiwan's Courts to Face with Cross-Strait Trade?
I. Introduction
II. The legal Status of WTO Agreement in Taiwan's Constitutional Framework
III. Constitutional/Legal Framework Governing (Trade) Relations with China
IV. Case Study in Relation to Chinese Education Services and Recognition Diplomas of Chinese Diplomas
V. Short Conclusion

Chapter VII Trade Dispute Resolution Between China and Taiwan: An indirect Approach through Third Party Participation
I. Introduction
II. Interaction between China and Taiwan within the WTO Dispute Settle Mechanism
III. Dispute Settlement Mechanism in Bilateral Taiwan-China Agreements
IV. Trade Disputes Between China and Taiwan at the National Level
V. Conclusion

Chapter VIII One Country, Two Systems, and Three Memberships: Trade Dispute Resolution Between China and Hong Kong and Macau
I. Introduction
II. Constitutional/National Law Framework
III. The WTO/CEPA Framework: One Country, Two Systems, Three Memberships
IV. Short Conclusion

Chapter IX Neither National Nor International: Trade Dispute Resolution between Taiwan and Hong Kong and Macau
I. Introduction
II. The Haunted China Factors: Taiwan-Hong Kong Negotiation on the Freedom of The Air as An Example
III. Trade dispute resolution between Taiwan and Hong Kong and Macau
IV. Conclusion

Chapter X Conclusion and the Way Forward

Bibliography

O autorze

Chien-Huei Wu , Ph.D. (2009) in Law, European University Institute, is Assistant Research Fellow at Academia Sinica. He has published extensively on international trade law and EU external relations law, including a book chapter in EU External Relations - Law and Policy in the Post-Lisbon Era (TMC Asser/Springer).