JUSTIFIABILITY OF THE CHINESE ACCESSION PROTOCOL AND PROBLEMS IN ITS INTERPRETATION

Authors

  • Shivani Rajesh Assistant Professor of Law, School of Legal Studies, CMR University, Bangalore Author

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Abstract

The WTO was established in the year 1994, under the Agreement establishing the world trade organization, to regulate trade amongst various countries of the world. This organization grandfathers various agreements, aiming for trade liberalization, entered into by the countries at a global level. Countries that wish to take advantage of the various principles under the WTO have to be a member of the WTO and to acquire membership of the WTO, countries has to accede to the WTO on certain terms. China is one such country that has acceded to the WTO and its accession is eventful for various reasons. The result of the negotiations was a Protocol, which included obligations that prima facie seem to substantially exceed the normal obligations undertaken by the rest of the countries of the world. The current essay analyzes the justifiability of these obligations and highlights the difficulty in interpreting the obligations due to its excessive nature. The study limits itself to the analysis of the WTO – plus obligations included in the accession protocol and do not concern itself with the China’s other obligations under the protocol.

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Published

02-11-2019

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How to Cite

Rajesh, Shivani. “JUSTIFIABILITY OF THE CHINESE ACCESSION PROTOCOL AND PROBLEMS IN ITS INTERPRETATION”. South Asian Law Review Journal, vol. 5, Nov. 2019, pp. 315-34, https://journal.thelawbrigade.com/salrj/article/view/1108.