عنوان

Non-market economies in the global trading system :

9789811313318

9811313318

9789811313301

981131330X

Non-market economies in the global trading system :

[Book]

the special case of China /

James J. Nedumpara, Weihuan Zhou, editors.

Singapore :

Springer,

[2018]

1 online resource

Includes bibliographical references and index.

Intro; Foreword; Acknowledgements; Contents; Editors and Contributors; Abbreviations; List of Cases; WTO Panel and Appellate Body Reports; GATT Panel Reports; Anti-dumping Investigations; US Cases; Indian Cases; International Cases; Miscellaneous; 1 Introduction: Non-market Economies in the Global Trading System-The Special Case of China; Abstract; 1 Introduction; 2 Non-market Economies Under the GATT; 3 The Special Case of China; 4 The Mysteries of Section 15 of China's Accession Protocol; 5 The Broader Issues Relating to China's Market Economy Status; 6 The Structure of the Book

2 China's Long March to Market Economy Status: An Analysis of China's WTO Protocol of Accession and Member PracticesAbstract; 1 Introduction; 2 State-Controlled Economies, Dumping and NME Status; 3 China's Protocol of Accession: Continuing Use of Surrogate Country Prices; 3.1 Surrogate Country Treatment and Sunset Clause; 3.2 The Significance of the Chapeau of Section 15; 3.3 An Imperfect Text and the Use of the Negotiating History of Section 15; 3.4 Surrogate Country Methodologies and China's NME Status; 4 Treatment of China in Domestic Anti-dumping Investigations

2 China's Past as a Centrally-Planned Economy3 Multilateral Trade Rules and Centrally-Planned Economies; 4 China's Abandonment of the CPE Regime; 5 Distortions in the Prices of the "Factors of Production"; 5.1 Distinction Between "Factors of Production" and Raw Materials; 5.2 Distortions in the Price of Capital; 5.2.1 Distortions in the Cost of Raising Capital Through Loans; 5.2.2 Distortions in the Cost of Raising Capital Through Bonds; 5.2.3 Distortions in the Cost of Raising Capital Through Equity; 5.3 Distortions in the Price of Labor; 5.4 Distortions in the Price of Land

4.1 China as an NME: United States Practice4.2 China as an NME: Practice of the European Union; 4.3 China as an NME: Indian Practice; 4.4 China as a Market Economy: Australian Practice and the Use of the 'Particular Market Situation'; 4.4.1 Use of the 'Particular Market Situation' in Australian Anti-dumping Proceedings; 4.5 China as a Market Economy: Practice of Brazil; 4.6 Treatment of China in Anti-dumping Investigations: Canadian Practice; 5 Out of Country Prices: The Implications of EU-Biodiesel; 6 Conclusion; 3 How China Did not Transform into a Market Economy; Abstract; 1 Introduction

6 Distortions in the Prices of Raw Materials6.1 Export Taxation; 6.2 Null or Partial Rebating of the VAT on Exports; 7 Distortions in the Price of Energy; 8 Distinction Between the Cost Distortions Generated by the Non-market Economy Regime and Subsidization; 9 Allowing SOEs in Key Upstream Markets to Operate Without an Effective Budget Constraint; 10 Ensuring "Orderly Markets"; 11 Promoting the Growth of Specific Industries Through Planning; 11.1 The Planning Eco-System; 11.2 The Catalogues; 11.3 The Steel Policy; 11.4 Made in China 2025; 11.5 Forced Mergers; 12 Summary and Conclusion

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This book provides one of the most comprehensive and compelling analysis of Non-Market Economies (NMEs) and their treatment under the current world trading system. In particular, it examines the treatment of China as an NME in anti-dumping investigations, especially post-December 2016. Central to this analysis is Section 15 of China's Protocol of Accession to the WTO, which is the focal point of the controversy between China and other major WTO Members. The book highlights multiple perspectives on the interpretation of Section 15 and the Second Ad Note to Article VI of the General Agreement on Tariffs and Trade (GATT), which form the legal basis for China's special treatment in anti-dumping proceedings, and provides unique approaches on interpreting the above treaty texts. In addition, the book explores recourses to trade remedy instruments other than anti-dumping to identify and address state-driven market distortions in the case of NMEs. Authored by leading practitioners and scholars, the chapters offer a detailed commentary and rich insights into the diverse approaches and methods used by anti-dumping investigation agencies of leading users. This book serves as an all-inclusive resource for discerning all facets of this issue, magnitude of the consequences, and potential threats to the delicate trading system. It is of particular relevance to economies-in-transition and newly acceding countries to the WTO. This book generates special interest among legal practitioners, exporters, trading firms, think tanks, academicians, policy makers and the entire community engaged in international trade disputes with China.--

Springer Nature

com.springer.onix.9789811313318

9789811313301

9789811313325

Arbitration, mediation & alternative dispute resolution.

BUSINESS & ECONOMICS-- Exports & Imports.

BUSINESS & ECONOMICS-- International-- General.

BUSINESS & ECONOMICS-- International-- Marketing.

International economic & trade law.

International economic relations.

POLITICAL SCIENCE-- International Relations-- Trade & Tariffs.

Public administration.

China, Foreign economic relations, 21st century.

China.

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7

BUS-- 026000

BUS-- 035000

BUS-- 043030

LBBM

LBBM

POL-- 011020

Nedumpara, James

Zhou, Weihuan

20200823224737.0

pn

[Book]

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