China And The Long March To Global Trade

On December 11th 2001, China joined the World Trade Organization (WTO). This book examines the Prolonged negotiations leading up to this historic event.

International interest in China is increasing. Not surprisingly, China-related news is hitting the headlines of leading international media. This is well grounded, given the fact that China is the largest developing country in the world with almost a quarter of the world's population. However, many reports on China are self-contradictory, which again reveals the complexities of a nation that has experienced dramatic change for over a century. For the outsider, it is virtually impossible to follow China's overriding trends of change without understanding its past and present. This book provides a chronological record of the major changes that have taken place in the Chinese economy over the past five decades.

Joining the World Trade Organization (WTO) enables China to reform its legal order and to move towards a system incorporating major principles of the rule of law. The WTO also serves as an external impetus that guides contemporary Chinese legal reform and orients it in ways that domestic forces alone could not achieve and sustain. Much discussion on the WTO and the Chinese legal system has focused on the issue of compliance ― whether the Chinese legal system has the capacity to fulfill China’s WTO accession commitments. The focus of this work is less concerned with compliance issues per se, but rather with the extent to which the WTO’s requirements vis-à-vis China actually affect the Chinese legal system. The fine difference between the two approaches lies in the fact that efforts by the Chinese government to meet its WTO obligations necessarily impact the Chinese legal order and its way of functioning, even if their end results may or may not lead to full compliance with what is required of it by the WTO. This timely work exposes many behind-the-scene dealings and relies on valuable information that is not publicly available. Not only does it preserve for the historical record important details of the Chinese WTO accession, it also sheds light on the travaux préparatoires of China’s accession agreement and the negotiation history of important issues, some of which remain relevant and highly contentious today. As expressed by WTO Director-General Pascal Lamy in his foreword to the book, ‘through this work, Esther Lam succeeds in demonstrating how WTO membership can benefit both the acceding country and the wider WTO family of nations.’

"China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.

China is more than a socialist market economy led by ever more reform-minded leaders. It is a country whose people seek liberty on a daily basis. Their success has been phenomenal, despite the fact that China continues to be governed by a single party. Clear distinctions between the people and the government are emerging, underlining the fact that true liberalization cannot be imposed from above. Although a large percentage of the Chinese people have been part of China's long march to freedom, farmers, entrepreneurs, migrants, Chinese gays, sex pleasure seekers, and black-marketers played a particularly important role in the beginning. Lawyers, scholars, journalists, and rights activists have jumped in more recently to ensure that liberalization continues. Social dissatisfaction with the government is now published in the media, addressed in public forums, and deliberated in courtrooms. Intellectuals devoted to improvement in human rights and continued liberalization are part of the process. This grassroots social revolution has also resulted from the explosion of information available to ordinary people (especially via the Internet) and far-reaching international influences. All have fundamentally altered key elements of the moral and material content of China's party-state regime and society at large. This social revolution is moving China towards a more liberal society despite its government. The Chinese government reacts, rather than leads, in this trans formative process. This book is a landmark - a decade in the making.

Bases on the analysis of China's open-economy reforms and their implications for both East Asia and the OECD Member countries.

This work analyses the implications for world trade of China's entry into the World Trade Organization. It has taken fifteen long years of dialogue and heated debate and it will take its place among the other members at the end of 2001. This momentous event is relayed by the next WTO Chairman.

Owing to its massive state sector, public procurement in China is a critical element of public policy. At the same time, because of its considerable market size, public procurement is of increasing importance for international trade, and thus subject to enacted regulations in most countries and has been put on the agenda of international and regional trade organisations, such as the WTO. This book examines China’s public procurement regime since the launching of market-oriented reform in 1978. It outlines the development of the relevant national laws and their implementing regulations, which have evolved from scratch since the onset of economic reform. It considers the impact of WTO membership, and the steps China has taken to initiate negotiations on accession to the WTO Government Procurement Agreement (GPA) by the end of 2007. It also provides a detailed picture of the current legal framework, assessing the impact of key legislative measures including the Tendering Lawof 2000 and the Government Procurement Lawof 2003. While both laws were drafted with the help of international experts and organisations such as the EU, there remain a number of inconsistencies in China’s public procurement regime, such as the overlap between the scope of application in laws and jurisdiction of government agencies. This book shows how these issues, that are hard for the international community to understand, will have a profound impact on China’s domestic policy agenda and its integration into the global trading system. Overall, this book is important not only for those who want to understand China’s procurement regime and public policy, but also for business people requiring a detailed picture of the current legal and regulatory environment.