 |
| Search |
|
 |
 |
 |
 |
![[Case Highlight]](img/sidebar/title-highlight.gif) |
 |
 |
 |
![[Name]](img/highlight/case-name.gif) |
| Shi Tao |
 |
![[Offense]](img/highlight/case-offense.gif) |
| Illegally providing state secrets |
 |
![[Release Date]](img/highlight/case-release.gif) |
| November 23, 2014 |
 |
![[More Info]](img/utils/more-info_trans.gif) |
 |
|
|
 |
 |
|
|
 |
|
|
|
|
 |
China and the WTO: Year One
[First printed in China Rights Forum, No.1 2003]
In this examination of China's first year of WTO implementation efforts Sharon Hom
suggests that the labyrinth of WTO commitments might be usefully mined for rhetorical,
legal, and political strategies to advance human rights concerns and more equitable
and sustainable economic development.
On December 11, 2001, after the longest negotiation in World
Trade Organization (WTO) history — 15 years of bilateral and
multilateral negotiations—China became the 143rd WTO
member. The WTO is the global organization that deals with
rules of trade among nations, and WTO agreements are
negotiated and signed by the bulk of the world's trading
nations. In taking its place at the WTO table, China is seen by
the international economic community as integrating itself
into the global economic community and committing itself to
a multi-lateral rules-based system, norms of openness and
transparency, and acceptance of the central role of markets and
private enterprise.
China's accession is also viewed as strengthening the WTO
system. As Mike Moore, the WTO Director-General in 2001,
said upon conclusion of the meeting of the Working Party on
China's Accession, "With China's membership, the WTO will
take a major step towards becoming a truly world
organization.The near-universal acceptance of its rule-based
system will serve a pivotal role in underpinning global
economic cooperation." Amidst domestic and international
debates for and against China's accession, China's leaders view
WTO membership as part of a broader domestic economic
reform launched in 1978 and internationally confirming
China's role as a legitimate and responsible member of the
global community. At the same time, some Chinese advocates
for WTO accession viewed it as an opportunity to advocate for
much needed systemic legal reforms, including independent
courts, transparent laws, and a de-politicized legal process.
It is beyond the scope of this article to recap the complex
and voluminous domestic and international debates regarding
the relationships (or not) between trade, human rights, the environment and labor rights. However, an understanding of
what China has accepted in terms of extensive trade-related
commitment to legislative and structural legal reform raises a
stark contrast to China's reluctance to sign onto the
international human rights regime with similar enthusiasm.
Unlike its ongoing and extensive efforts to comply with WTO
commitments, China has steadfastly resisted international
human rights monitoring, supervision, rigorous reporting
requirements, obligations to accept international observers
and advisors, and technical assistance beyond officially
controlled initiatives. Citing cultural relativism (China's
position) and cultural imperialism (foreign countries seeking
to impose international human rights norms), sovereign
immunity and the priorities of a developing country with
limited resources, as well as pointing to the human rights
abuses of its critics, China continues to defend its domestic
human rights record and policy against international scrutiny
and demands for accountability and transparency by
international and domestic Chinese voices.
As China closes its first year of WTO membership, this
article will review, within the limitations of publicly available
reports and information, some of the assessments of China's
implementation efforts and explore their implications for
advancing human rights concerns. I will first briefly recap the
background of China's WTO accession and summarize the
WTO commitments made by China. In reviewing implementation
efforts to date, I will focus on commitments regarding
structural reforms of China's legal framework. I close with an
invitation to the reader to engage in a "thought experiment"
as an opportunity to challenge dominant policy assumptions
as well as China's double standard for international engagement
on trade versus human rights regimes.
Background and history of China's negotiations
The General Agreement on Tariffs and Trade (GATT) a
multilateral agreement reached in 1948 (and the precursor
to the WTO), and the WTO (formed in 1995), together
comprise the core of the current global trade regime, a regime
that encompasses numerous multilateral agreements, an
organizational structure that oversees the review and implementation
of these agreements, and a dispute settlement
process. The stated objective of the GATT/WTO system isthe liberalization of trade through the elimination of trade
restrictions to permit markets to function free of state
interference. But for all the market discipline rhetoric, the
WTO trade regime is in fact a highly regulated system of rules,
sanctions, and safeguards negotiated through the perceived
geo-political and economic self-interest of its members. It is a
system in which states, individually and collectively, play an
extremely pervasive and active role in promoting trade and
redressing market "distortions."
In July of 1986, China re-applied for admission to GATT,
and for the next eight years engaged in negotiations under the
auspices of the GATT Working Party. Composed of interested
WTO members, the GATT Working Party's role was to examine
China's application and to negotiate terms for its accession
regarding trade in goods. After the formation of the WTO
in 1995, a successor Working Party took over the ongoing
negotiations, and the scope of these negotiations was
extended to trade in services, new rules on tariff-measures,
and rules relating to intellectual property rights. These
negotiations included three main aspects: the provision by
China of information on its trade regime to the Working Party;
bilateral negotiations between China and each interested
WTO member; and overlapping multilateral negotiations with
a WTO Working Party that included the United States, the
European Union and other interested members.The most
trade-liberalizing concessions and commitments to market
access reached through the bilateral negotiations were then
consolidated into comprehensive "China's Goods and Services
Schedules" that apply to all WTO members.
On November 10, 2001, at the Ministerial Conference in
Doha, Qatar, WTO members formally approved the terms of
China's accession set forth in the Protocol on the Accession of the
People's Republic of China (Accession Protocol), the accompanying
Report of the Working Party on the Accession of China (Working Party
Report), the consolidated market access schedules for goods
and services, and other annexes. The Working Party Report
also includes identification of member concerns, pledges of
WTO members to China, and China's explanation of its trade
practices and background facts.
Overview of China's WTO commitments
In addition to commitments set forth in the accession
documents, as a WTO member China is also bound by more
than 20 existing multilateral WTO agreements, including
WTO's three main agreements governing international trade:
- The General Agreement on Tariffs and Trade (GATT);
- The General Agreement on Trade in Services (GATS); and
- The Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS).
Other specialized multilateral agreements
binding under China's Accession Protocol and Working Party
report include: the Agreement on Trade-Related Investment
Measures (TRIM), the Agreement on Agriculture, the
Agreement on Technical Barriers to Trade, and the Agreement
on Subsidies and Countervailing Measures.
China's accession commitments include major obligations
to improve the transparency, predictability and uniformity of
its legal system; provide mechanisms for independent review
of administrative actions; and ensure compliance with core
GATT/WTO nondiscrimination norms and principles. (See
chart: Key General Trade Framework Commitments). In
addition to these structural commitments, China also agreed
to take concrete steps to remove trade barriers and open its
markets to foreign companies and exports; and to eliminate
or significantly reduce export, import, and distribution
restrictions on foreign companies.These commitments
include tariff elimination or reduction for more than 7,000
agricultural and industrial products, and greater market access
in 9 out of 12 general services sectors. Many of these
commitments are phased in over a period of years while
others were due upon accession.
China also agreed to a number of commitments above and
beyond the usual WTO commitments required of other
members.These include a commitment to provide for public
comment prior to implementation of certain trade measures;
establishing a mechanism for responding to requests from any
WTO member or foreign company for information, or investigating
cases of alleged inconsistent application; and agreeing
to an additional transitional multilateral mechanism for
reviewing its compliance. China's WTO implementation and
compliance is reviewed annually in 16 WTO committees and
councils followed by an overall review by the WTO general
Council based on the findings of these subsidiary bodies.
The Transitional Review Mechanism operates annually for
eight years after China's accession, with a final review taking
place by year ten. As part of this special annual compliance
review, China must provide detailed information and submit
detailed responses to questions raised by both the subsidiary
bodies and the General Council. Each review entails
preparation of two documents: a policy statement and report
by China, and a detailed report by the WTO Secretariat.These
documents and the minutes of the meeting are available from
the WTO website. As we go to press, the transitional 2002
review materials for China were still not publicly posted.
First year Implementation
Overall, China has committed to more than 685 trade regime
commitments (Accession Protocol,Working Party report, GAO
Report 2002). Although some of the key commitments are to
be implemented upon accession or in the first few years, many
are to be phased in over the next 14 years (by 2016), making
evaluation at this time difficult. In general, most U.S. observers
and interested parties (including various government agencies
and companies in a range of sectors) acknowledge the enormously
complex task China faces in implementing its WTO
commitments. For example, the U.S. government and many
business sectors have generally given China good marks at the
mid-year point, and refer to the significant good-faith efforts
by China, especially in implementing legislative reviews and
restructuring various government ministries and agencies.
However, the USTR reports significant problems in three
specific areas: agriculture goods, intellectual property rights
enforcement, and opaque and excessive requirements in many
services sectors (e.g. capitalization requirements beyond
international norms in the insurance sector). In the area of agriculture, the remaining problems include China's
regulation of agricultural goods produced through biotechnology,
the administration of its tariff-rate quota (TRQ)
system for bulk agricultural commodities, and the application
of sanitary and phytosanitary measures and inspection
requirements. (USTR Report December 2002).
At the same time, serious concerns and problems regarding
structural reform issues have been identified, e.g. lack of
effective and consistent implementation at the national and
sub-national levels, lack of transparency, lack of coordination
among relevant Chinese government ministries, and noncompliance
with many specific commitments. Many of these
concerns have been addressed in high-level bilateral discussions
and during the multilateral Transitional Review process
held in late September 2002. In addition to these discussions,
WTO members, including the U.S., EU and Japan have provided
technical assistance and training to the Chinese government.
Chinese officials publicly recognize the enormous
challenges, and point to obstacles such as insufficient
resources, limited familiarity with WTO requirements among
government officials and SOE managers, technical translation
difficulties, and concerns about the effects of particular
WTO commitments on the domestic economy.
It is beyond the scope of this article to fully discuss the
compliance efforts and issues presented by this vast and
complex process, which also encompasses nondiscrimination
and transparency commitments in other areas such as import
regulation, agriculture, and trading rights and industrial
policies. Rather, I would like to focus on areas with
implications for rule of law and human rights, in particular
trade and legal framework commitments on transparency,
nondiscrimination, independent review of administrative
decision-making, and uniform and impartial application of
laws and regulations.
Transparency
Transparency requires China to improve the openness of its
trade regime by publishing and translating information and
laws, and establishing a mechanism (enquiry points) for
responding to questions and information requests from any
WTO member/foreign company or individual. Accordingly,
in January 2002 China established a WTO Enquiry and Notification
Center operated by MOFTEC's department of WTO
Affairs, and other ministries and agencies have also established
formal or informal subject-specific enquiry points. China is
required is to make publicly available all national, provincial
and local laws, regulations, and other measures related to trade
in goods and services, trade-related aspects of intellectual
property rights, or control of foreign exchange (Accession
Protocol paragraph 2.c.1). A related transparency requirement
is the provision of notice and reasonable opportunity for
public comment to affected parties before new/modified
laws, regulations or other measures are implemented (with
specified exceptions). China is required to also provide
translations in one of the official WTO languages (English,
French, or Spanish) of laws, regulations and other measures
not later than 90 days after implementation or enforcement.
According to the USTR, Chinese ministries and agencies
have a poor record to date of providing an opportunity for
pubic comment before new or modified laws and regulations
are implemented. The USTR reports that although the State
Council issued new regulations in December 2001 that
provide for public comment on formulation of administrative
rules and regulations, many government agencies and
ministries continue to follow the pre-accession practice.
The result is that only a small portion of laws and regulations
have been issued for public comment, and the comment
periods were generally too short. In addition, translation of
laws and regulations has lagged behind promulgation, in part
due to the enormous quantity involved. (USTR Report 2002).
Both the lack of Chinese laws in translation and the
inadequacy of public review undercut the predictability and
openness of the Chinese business climate.
Nondiscrimination
Nondiscrimination is a key value that informs the core
principles of WTO trade policies (GATT 1994) and of China's
WTO obligations. Under the most-favored nation (MFN)
principle, China must extend to all WTO members the best
trading privileges granted to any one member, and must treat
goods of an importing WTO member's trading partners on
equal terms with one another. Under the national treatment
principle, China may not treat imported foreign products and
services less favorably than domestic products and services.
In adhering to this nondiscrimination principle, China must
review all of its relevant domestic legislation, and repeal or
revise any laws or regulations that are inconsistent with WTO
obligations, as well as promulgate additional laws and
regulations necessary for implementation of its obligations.
According to the Chinese official mid-year reports, China
had completed review of relevant pre-WTO laws and
regulations, and eliminated or revised over 2,300 WTO inconsistent
law and regulations (Chinese Embassy 7/30/02).
However, MFN and national treatment obligations are still not
observed in many areas. For example, U.S. businesses have
reported that different tax bases are used to compute
consumption taxes for domestic and imported products
(USTR Report December 2002).
Independent Review of Administrative Actions
As part of its trade regime commitments, China agreed to
establish impartial tribunals to review decisions by government
authorities entrusted with administrative enforcement.The
review procedures must include a right of appeal. One effort
to improve the quality of decision-making has been the
designation of certain higher-level courts to hear cases involving
administrative agency decisions regarding international
trade in goods and services or trade-related intellectual
property rights (Supreme People's Court rules issued August
2002, effective October 2002). During the pre-WTO
accession period, China had already taken steps to address the
poor quality of judges by requiring appointments based on
merit and experience. However, existing judges were exempt
from these qualifications requirements. Since the overwhelming majority of Chinese judges do not have any
formal law training, these efforts to raise the professional
caliber of the bench will be weakened. There are additional
obstacles presented by other systemic and structural problems,
including rampant corruption, local protectionism, and Party
control of courts, police & prosecutors through political legal
committees (zhengfa weiyuanwei) at every level.
Uniform application of laws
China has committed to implementing the WTO Agreement
in a uniform and consistent manner at the national, subnational,
and local levels, and within the Special Economic
Zones (SEZs). It is also required to establish an internal review
mechanism to investigate and address allegations of nonuniform
application of laws reported by companies or
individuals. In implementing these commitments, China has
undertaken an extensive central government campaign to
inform and educate both central and local government
officials and State-owned enterprise (SOE) managers
regarding WTO rules and benefits. In addition to national
efforts, several provinces and municipalities have also
established WTO centers. An internal review mechanism to
handle cases of non-uniform application has been established
under MOFTEC's department of WTO Affairs, but the actual
workings are not yet clear.
These extensive rule of law-related commitments to ensure
transparency, nondiscrimination, uniform application and
independent judicial review affect not only the development
of China's trade regime, but also its overall legal reform efforts.
The effective implementation of WTO commitments is
particularly challenging in the face of the structural problems
plaguing China's developing legal system — corruption, local
protectionism, lack of adequately trained personnel, and the
pervasive politicization and Party control of decision-making
by the courts, police and prosecutors.
In Lieu of a Conclusion: A Thought Experiment
The values and core principles that are reflected in the
GATT/WTO system include transparency, accountability, nondiscrimination
(in treatment of foreign and domestic trading
partners), and the rule of law.Adherence to these values and
principles is meant to promote greater welfare maximization
and commercial predictability, and requires the balancing
of national interests with the demands of an open and fair
global trading system. However, until recently, the WTO
system itself was a secretive, closed, exclusively governmental
process accessible only to powerful sectors of the business
community. Due primarily to pressures from the NGO
community, the WTO is now beginning to open a small
window into the labyrinth of its rules and processes. In an
effort to increase access to information and expand
opportunities for participation and input by a wider range
of interested stakeholders, the WTO has begun to invite
NGOs to its symposia, accept NGO briefs in WTO dispute
resolution proceedings, convene meetings with NGOs, and
has developed an NGO forum section on the WTO website.
These developments reflect changes (though still contested)
regarding the roles of NGOs within the trade arena, and
demonstrate to NGOs the value of targeting multilateral
bodies in highly public ways and asserting concrete demands
for the inclusion of civil society stakeholders outside of
the business sector.
An upcoming opportunity for NGO participation is the
Fifth WTO Ministerial Conference, which will be held in
Cancun from September 10–14, 2003. The WTO Ministerial
Conference is the highest decision-making body that meets at
least once every two years. As provided for by Article V,
paragraph 2 of the WTO Agreement, registration requests will
be accepted from NGOS "concerned with matters related to
those of the WTO. "The WTO website provides registration
information (deadline for receipt of NGO registration requests
is April 30, 2003), as well briefing background and materials.
NGOs have already started to strategize over how to impact its
proceedings. These discussions implicate ongoing policy
debates regarding the appropriate (if any) relationship
between trade and human rights.
In recent years, the case for normative and empirical
connections between trade and human rights has also been
advanced more visibly before both international business and
human rights communities. For example, the UN Office of
the High Commissioner for Human Rights (OHCHR), has
issued reports and recommendations regarding trade, the
environment, corporate responsibility and the advancement of
human rights protections before various UN bodies and
private sector groups. Amid a backdrop of rising concerns
about the effects of globalization, United Nations Secretary-
General Kofi Annan called on business leaders to join an
international initiative—the Global Compact—in an address to
The World Economic Forum on 31 January 1999.The idea
of the Global Compact was to bring companies together with
UN agencies, labor, NGOs and other civil-society actors to
foster action and partnerships in the pursuit of good corporate
citizenship, also referred to as "corporate responsibility,"
"sustainable growth," and the "triple bottom line. The highlevel
launching event at UN Headquarters in New York on July
26, 2000, brought together senior executives from 50 major
corporations and the leaders of labor, human rights,
environment and development organizations. China held its
first meeting of Global Compact in China in December 2002.
In a similar fashion, the lead-up to the 2008 Olympics and
the context of China's WTO implementation efforts will provide
an environment of increased international scrutiny and attention
that presents significant opportunities for a wider range of
actors (media, governments, business, NGOs) to develop more
effective strategies to advance human rights concerns in China.
The present global trading system is premised on the
acceptance of liberal economic assumptions regarding the
"problem"— how to maximize aggregate economic welfare
— and the "solution"— markets functioning free from state
interference. In the pre-WTO accession debates, one argument
posed by supporters of WTO accession for China suggested
that economic liberalization and its accompanying legal reforms
would create or at least encourage conditions conducive to
more openness and political reform. However, as WTO
implementation obstacles have since made clear, effective
economic reform requires many of the same legal protections
called for by proponents of political and civil rights reform.
Rather than validating a causal connection between trade
and market liberalization followed by broader systemic
reforms — or the current Chinese bifurcation of political and
economic reforms — it has become clear that economic
reforms actually travel in the same development boat as reforms
necessary to protect international human rights. Obstacles
arising in the first year of China's WTO implementation
suggest significant overlap between the development of
China's new trade regime and a legal system that protects and
promotes human rights. Proponents of both economic
reforms and the protection of human rights point to structural
and systemic problems in the legal system, problems of
rampant corruption, the politicization of the decision-making
processes due to the overarching role of the Party, and the
urgent task of constructing a transparent, impartial and
independent legal system.
If we compare the economic, political, and legal reforms
necessary to develop China's domestic system to integrate into
both the global trade regime and the international human
rights regime,we can see a number of parallels that feature
values of transparency and rule of law. The absence of
independent and competent courts and accountable
administrative decision-making pose serious obstacles both
for the protection of individual freedoms and for the
protection of trading and investment rights.
Despite these similar values and goals, it is beyond the
obvious to point out the differences in political will and
effective implementation of these two arenas of China's
integration into the global community. In accepting the
trade-offs of global economic integration and the extraordinary
degree of international scrutiny and accountability,
the Chinese authorities clearly believed that they had
something to gain from economic reform. It is also clear
they believe they have a great deal to lose and fear from
genuine political reforms.
| Reforms |
Global Trade |
International Human Rights |
| Economic |
| Market & Capital Liberalization |
|
 |
Equitable distribution |
 |
Sustainable growth and development |
|
| Political |
| Accountability & Transparency |
|
 |
Accountability & Transparency |
|
| Legal |
| Uniform, fair, and transparent laws & application |
|
 |
Uniform, fair, and transparent laws & application |
|
| Independent judicial review |
|
 |
Independent judicial review |
 |
Due process |
|
However, consider the following record of China's
participation in the international human rights regime:
Over past 20 years, China has voluntarily signed onto at
least six core international human rights instruments aimed
at protecting the rights of children, women, ethnic
minorities and other vulnerable groups. By signing and
ratifying these key documents, China has agreed to respect
international standards and norms regarding freedom of
expression, association, rights to information and numerous
other fundamental rights. It has also agreed to comply with
the self-reporting system and monitoring mechanisms set
forth by each instrument. Yet, as documented by HRIC and
other NGOs and international bodies, the government
remains politically repressive and continues its crack-downs,
executions, and detentions of religious leaders, internet
activists, and individuals peacefully voicing their criticisms
of the government, or advocating for democratic reforms.
The economic and social disparities between the coastal and
interior areas, between Han and ethnic minorities, and
between urban and rural residents, continue to widen
threatening stability and undermining the sustainability of
any economic progress.
At the same time, consider the following aspects of
China's WTO commitments and compliance efforts:
 |
The state has agreed to take on a pervasive and proactive
role in advancing international trade regime values and
implementing structural and specific WTO commitments
through training, education, legislative reforms,
including efforts to change a whole culture embedded
in guanxi (relationship) networks as the way of
"doing business" |
 |
China is submitting itself to extensive and detailed
foreign and international scrutiny over the next ten
years or more, including providing information in a
timely and responsive way, allowing for foreign review
and input into legislative drafting processes, and agreeing
to greater scrutiny and even more rigorous commitments
than commitments of other WTO members. |
Now, imagine if this were not about multilateral trade and
domestic economic reforms, but about the promotion of
international and domestic human rights and political
reforms. Imagine if China accepted and promoted human
rights commitments with the same degree of political will
and institutional allocation of resources, and willingness to
attempt fundamental changes in the prevailing culture and
norms of "doing business."
At this point that may seem a naïve vision of what is
possible. But twenty years ago it was unthinkable that one of
the world’s bastions of Communism would agree to
undertake such radical economic reform, or welcome
"advanced productive forces" (Party-speak for Capitalists)
into the Communist Party. It is also important to keep in
mind that the Party and the government leaders are not as
monolithic as their public united front suggests. Just as
reformers within the party advocated for the present
economic reforms, there are also voices within the party
aware of the benefits of political reforms, including a
reassessment of the June 4th crackdown. Most importantly,
despite on-going crack-downs and political repression,
Chinese citizens continue to press for a more open, fair, and
democratic China. In the international arena, pressure by
NGOs on multilateral bodies such as the WTO has opened up
more opportunities for participation and input into policymaking
that crosses the doctrinal barriers of trade,
environment, labor rights, and human rights.
While recognizing the significant challenges for China to
fully implement its WTO obligations, the international
business community claims realistic expectations, but
demands full WTO compliance with the letter and the spirit
of the trade regime's obligations.The international human
rights regime demands no less.
//
ENDNOTES
[1] I summarize some of these debates and suggest a more critical
examination of the "playing by the rules" rhetoric and the values and
goals underlying the rules, and their impact on the distributive
consequences of trade policies, environmental concerns, and other
human rights concerns in Sharon K. Hom, Playing by Whose Rules:
Global trade and Human Rights, China Rights Forum, Spring 2000: 22-28.
[2] See for general WTO background, countryspecific
information, accession and review documents, and an NGO
informational section.
[3] China was one of the original GATT signatories in 1948. After the
Chinese revolution in 1949, the government in Taiwan withdrew from
GATT. In early 1965,Taiwan was granted observer status at GATT
sessions; however this status was removed in 1971 following UN
General Assembly decision to recognize the People's Republic of China
as the only legitimate government of China. In September 1992, the
GATT Council of representatives decided to establish a separate
working party to examine Taiwan's request for accession as a separate
customs territory. Hong Kong as a British Crown Colony became a
GATT member in April 1986. However, following the resumption of
sovereignty by China in 1997, Hong Kong became a Special
Administrative Region of China (SAR). As such, it has the status of a
separate customs territory and can conduct trade, maintain relations,
and conclude and implement agreements with States, regions and
relevant international organizations in economic, trade and other
fields. Under Article XI of the Marrakesh Agreement establishing the
WTO, Hong Kong became an original member of WTO, under the
name, "Hong Kong, China."
[4] The GATS categorizes services into 12 general sections with 154
subsections. Members may decide which services to include in their
services schedules and what limitations on market access and national
treatment will be allowed.
[5] These committees and trade councils are generally organized
according to various trades subjects, e.g. the Council for Trade in
Goods, the Council for Trade in Services, and the Committees on
Agriculture and Technical barriers to Trade. See Annex 1A Accession
Protocol.
[6] By comparison, the four largest WTO traders, EU, U.S., Japan, and
Canada (the "Quad") are reviewed every two years and the next 16
countries with the largest share of world trade are reviewed every four
years.The uniquely more rigorous review demanded of China is in part
due to potential impact of the sheer size of China's economy on the
global system and the range of concerns articulated by WTO members
during the accession process regarding China's ability to effectively
implement its commitments.
[7] China must provide detailed data and economic information on
China's: (1) economic policies; (2) framework for making and
enforcing policies; (3) policies affecting goods and services; and (4)
trade-related intellectual property regime. Annex 1A, Accession
Protocol.
[8] For the limited purposes of the present discussion, I use rule of law to reference its usage within the WTO framework as well as the
international human rights framework and to refer to a system that
features independent and impartial decision-makers, transparent and
open rules that apply uniformly to all, and a process that ensures the
protection of fundamental rights and interests. The definition and
scope of what a rule of law entails also raise a number of issues,
reflecting a range of conceptions and relationships (or not) to political
reforms and human rights concerns. The forthcoming spring 2003
issue of the China Rights Forum will be devoted to exploring and
addressing many of these issues. For one survey study, see Barry
Hager,The Rule of Law;Alexicon for Policymakers. Commissioned by
the Mansfield Center for Pacific Affairs (1999).
[9] See OHCHR website and links at:
[10] For a compilation of relevant international treaties, codes, and
multilateral, private sector, and NGOs groups working on corporate
responsibility issues in China, see Corporate Responsibility Resources
Guide, China Rights Forum, Spring 2003.
[11] Sharon K. Hom, Playing by Whose Rules: Global trade and Human
Rights, China Rights Forum, Spring 2000: 22-28.
[12] The Convention on the Rights of the Child (1992); UN Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment
(1988); Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), (1980); International Convention For
Elimination of Racial Discrimination (CERD) (1981);International
Covenant on Economic, Social, and Cultural Rights (China signed in
1997, ratified 2/01 with reservations re: independent unions);
International Covenant on Civil and Political Rights (signed on
October 5, 1998, not yet ratified)
Source List
Rights and Democracy,The Role of China in the WTO's Expanding Agenda, Libertas, Issue 9, January 2003, http://serveur.ichrdd.ca
Embassy of the People's Republic in the United States of America,
Sharon K. Hom, Playing by Whose Rules: Global trade and Human Rights, China Rights Forum, Spring 2000: 22-28.
Ministry of Foreign Trade and Economic Development, PRC, MOFTEC
Pittman B. Potter, Are Human Rights on China's WTO Agenda? China Rights Forum, No.1 2002: 8-10.
Protocol on the Accession of the People's Republic of China (Protocol) and
Report of the Working Party on the Accession of China,World Trade
Organization (Working Party Report),
United States General Accounting Office,World Trade Organization:
Analysis of China's Commitments to Other members (October 2002)
(GAO Report),
United States Trade Representative, 2002 Report to Congress on China's
WTO Compliance (December 2002) (USTR Report),
Abbreviations
AD – Anti-dumping
AD Agreement – Anti-Dumping Agreement (WTO Agreement on
Implementation of Article VI of the GATT 1994)
AQSIQ – China's State Administration of Quality Supervision and Inspection
and Quarantine
CIRC – China Insurance Regulatory Commission
CVD – Countervailing duty
GATS – General Agreement on Trade in Services
GATT – General Agreement on Tariffs and Trade
GPA – Agreement on Government Procurement
IPR – Intellectual Property Rights
ITA – International Technology Agreement
MFN – Most Favored Nation
MII – Ministry of Information Industry (MII)
MOA – China's Ministry of Agriculture
MOFTEC – Ministry of Foreign Trade and Economic Cooperation
NTM – Non-Tariff Measures
SACS – State Administration of China for Standardization
SETC – China's State Economic and Trade Commission
SDPC – China's State Development and Planning Commission
SPS Agreement – Agreement on the Application of Sanitary and
Phytosanitary Measures
TBT Agreement – Agreement on Technical Barriers to Trade
TRIMS – Agreement on Trade Related Investment Measures
TPSC – US Trade Policy Staff Committee
TRIPS Agreement – Trade-Related Aspects of Intellectual Property Rights
TRIPS Council – Council for Trade-related Aspects of Intellectual Property
Rights
TRM – Transitional Review Mechanism
TRQ – Tariff Rate Quota
USTR – U.S.Trade Representative
WIPO – World Intellectual Property Organization
WTO – World Trade Organization
//
|
|