Search Shi Tao Illegally providing state secrets November 23, 2014 HRIC Trends Bulletin on "China's Environment and Situation of Water" HRIC Statement for Tibetan Uprising Day: "March 10: Out of Exile, Into the Streets!" Where's Hu Now?: Let your voice be heard on Hu Jintao's U.S. visit HRIC Comments on HR 4780: Global Online Freedom Act of 2006 Li Zhi Appellate Ruling: English translation HRIC Testimony to "Monitoring Respect for Human Rights" Articles Alert: Feb 2006 HRIC Trends Bulletin: Media Crackdowns in China HRIC Testimony to "Internet in China" Congressional Hearing		Change text size Print this page Key General Trade Framework Commitments [First printed as a part of "China and the WTO: Year One", printed in China Rights Forum, No.1 2003]   China's WTO Commitments Implementation to date TRANSPARENCY = Improving openness and predictability of trade regime and legal framework Make available to WTO members all laws, regulations, and other measures re: trade in goods & services, trade-related aspects of intellectual property rights, or control of foreign exchange: Notice & reasonable opportunity for public comment to affected parties before new/modified laws & regs implemented (with specified exceptions) Translation in one of official WTO languages (English, French, or Spanish) not later than 90 days after implementation or enforcement Establish mechanism (enquiry points) for responding to questions & information requests from any WTO member/foreign company or individual Poor record to date in a number of sectors: only small portion issued for public comment and comment period generally too short (USTR Report) Translation lagging behind in part due to enormous number of laws & regs issued & technical language of WTO-related laws (USTR Report) WTO Enquiry & Notification Center established in January, 2002, operated by MOFTEC's department of WTO Affairs; other ministries & agencies have also established formal/informal, subject-specific enquiry points. http://english.moftec.gov.cn NONDISCRMINATION Part of core principles and policies that constrain & guide WTO members trade policies (GATT 1994) Most-favored nation (MFN): extend to all WTO members the best trading privileges granted to any one member; puts goods of an importing WTO member's trading partners on equal terms with one another National Treatment: treatment of imported foreign products and services no less favorably than domestic products & services; Repeal of all existing WTO-inconsistent laws, regs, & other measures MFN & national treatment still not observed in many areas including, different tax bases used to compute consumption taxes for domestic & imported products) Review of pre-WTO accession laws & regs & elimina tion/revision of over 2,300 WTO-inconsistent law & regs (7/30/02) (http://www.chin-embassy.org) INDEPENDENT REVIEW OF ADMINISTRATIVE DECISIONS Establish impartial tribunals independent of government authorities entrusted with administrative enforce ment in question Review procedures must include right of appeal Pre-WTO accession: China took steps to address poor quality of judges by requiring appointment based upon merit & experience; however, existing judges were grand-fathered in Designation of certain higher-level courts to hear cases involving administrative agency decisions re: international trade in goods & services or IPR (Supreme People's Court rules issued August 2002, effective October 2002) Ongoing obstacles presented by systemic and structural problems, including rampant corruption, poorly trained judges, local protectionism, Party control of courts, police, & prosecutors through political legal committees (zhengfa weiyuanwei) at every level UNIFORM APPLICATION Uniform appllication, implementation & enforce ment throughout China, including Special Economic Zones (SEZs) Ensuring consistency w/ WTO commitments at national, provincial, and local levels Establish an internal review mechanism to investigate & address non-uniform application of laws based on information provided by companies/individuals Extensive central government campaign to inform & educate both central & local government officials & State-owned enterprise managers re: WTO rules & benefits Several provinces & municipalities have also established WTO centers Internal review mechanism to handle cases of non-uniform application, under MOFTEC's department of WTOAffairs, but actual workings not yet clear.
Copyright © 2006 Human Rights in China. All rights reserved. Disclaimer  /   hrichina[a]hrichina.org  /   www.hrichina.org