Abstract
This paper examines the discourse on fair trade in the context of the US-China strategic competition, it further examines the attempt to translate the discourse into international trade rules amid the debate of WTO reform. It finds non-market-oriented policies and practices are targeted by the rules emerging in the proposed WTO reform agenda. It is not difficult to find that in the eyes of the proponents of the fair trade rules China is illustrative of the non-market-oriented policies and practices. Moreover, the WTO case law is increasingly clear that state-owned enterprises (SOEs) are treated as public bodies. With the development of “fair trade” rule in this regard, SOEs are more susceptible to anti-subsidy investigation and countervailing measures. Against this backdrop, China will have to make a choice: to use the emerging fair trade rules to push forward the SOE reform or to stick to its own agenda for the SOE reform.
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Notes
- 1.
Raynolds and Bennett (2015), p. 4.
- 2.
Golub (1998), pp. 3-15.
- 3.
A congressional research suggests that “the trade deficit costs U.S. jobs, is unsustainable, or reflects unfair trade practices by foreign competitors”. See https://crsreports.congress.gov/product/pdf/IF/IF10619.
- 4.
World Fair Trade Organization (2022).
- 5.
Stephens (2016).
- 6.
Dennis (2018).
- 7.
They met on 12 December 2017, 12 March 2018, 31 May 2018, 25 September 2018, 9 January 2019, 23 May 2019 and 14 January 2020.
- 8.
“Joint Statement of the Trilateral Meeting of the Trade Ministers of Japan, the United States and the European Union”, Washington, D.C., 14 January, 2020, para. 1-5, Available at https://trade.ec.europa.eu/doclib/docs/2020/january/tradoc_158567.pdf, as of 29 May 2022.
- 9.
“Joint Statement of the Trilateral Meeting of the Trade Ministers of Japan, the United States and the European Union”, Washington, D.C., 14 January, 2020, para. 6, Available at https://trade.ec.europa.eu/doclib/docs/2020/january/tradoc_158567.pdf, as of 29 May 2022.
- 10.
Office of the United States Trade Representative, Joint Statement of the Trade Ministers of the United States, Japan, and the European Union After a Trilateral Meeting, November 30 2021, Available at https://ustr.gov/about-us/policy-offices/press-office/press-releases/2021/november/joint-statement-trade-ministers-unitedstates-japan-and-european-union-after-trilateral-meeting, as of 29 May 2022.
- 11.
International Trade Administration, Non-Market Economy Countries List, Available at, https://www.trade.gov/nme-countries-list, as of 30 May 2022.
- 12.
Saunders (2018), p. 15.
- 13.
Art. 31.10 of United StatesMexico-Canada Agreement.
- 14.
Zhang (2019).
- 15.
Leutert (2016), p. 84.
- 16.
The State Council, Notice of the State Council on Issuing the “Made in China (2025)”, 8th May 2015, Available at http://www.gov.cn/zhengce/content/2015-05/19/content_9784.htm, as of 17 April 2022.
- 17.
Song (2018).
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Kong, Q. (2023). Emerging International Rules on Fair Trade and Their Revelation for Reform of State-Owned Enterprises in China. In: Mauro, M.R., Pernazza, F. (eds) State and Enterprise. Springer, Cham. https://doi.org/10.1007/978-3-031-10473-2_14
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