The WTO’s Impact on China: A Battle of Administrative Review Settings between Internal and External Regulatory Frameworks
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Nga Kit Christy Tang
SJD (Doctor of Juridical Science), LLM, American University Washington College of Law; LLM (Distinction), City University of Hong Kong; LLB, University of London; MBA, University of Leicester; BA, The Chinese University of Hong Kong. Tang is a registered attorney in the State of New York.
Abstract
As a WTO member and one of the largest trading countries, China is subject to a series of rule-of-law related international obligations. Yet, China emphasizes ‘Chinese characteristics’, ‘rule by law’, and recently, ‘socialist ethics’. What is the impact of WTO law on China? This paper examines the WTO and Chinese regulatory frameworks in terms of administrative review settings. Through reviewing the roles of self, law, and government under Confucianism and Chinese Legalism, this study finds that China generally adopts a Confucian internal regulatory framework based on self-regulation, which negates external control. The WTO law, however, assumes a Chinese Legalist like external regulatory framework based on control by rules in the form of checks and balances. The impact of WTO law on China, therefore, is about a battle between these internal and external frameworks at the opposite regulatory directions. On this battlefield, China seems not to be affected by the WTO yet.
About the author
SJD (Doctor of Juridical Science), LLM, American University Washington College of Law; LLM (Distinction), City University of Hong Kong; LLB, University of London; MBA, University of Leicester; BA, The Chinese University of Hong Kong. Tang is a registered attorney in the State of New York.
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Articles, Notes & Essays
- The WTO’s Impact on China: A Battle of Administrative Review Settings between Internal and External Regulatory Frameworks
- The United Nations Security Council Sanctions and International Human Rights
- The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System
- Constitutional Developments in Austria
- No Infringement of Personality Rights during Hearing before the Hypo Committee of Inquiry
- Constitutional Developments in CEE
- Hungarian Constitutional Court: Transparency and Business Activities of the State
Articles in the same Issue
- Inhalt
- Articles, Notes & Essays
- The WTO’s Impact on China: A Battle of Administrative Review Settings between Internal and External Regulatory Frameworks
- The United Nations Security Council Sanctions and International Human Rights
- The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System
- Constitutional Developments in Austria
- No Infringement of Personality Rights during Hearing before the Hypo Committee of Inquiry
- Constitutional Developments in CEE
- Hungarian Constitutional Court: Transparency and Business Activities of the State
