Law student Ritwik Bhattacharya sends along an interesting short paper on China's non-market economy status, entitled "Three Viewpoints on China's Non-Market Economy Status." Here's the abstract:
On December 15, 2016, China requested consultations with the United States and the European Union, regarding their continued use of special methodologies in the calculation of normal value, based on the Non-Market Economy (NME) status of China. Whether other countries are entitled to continue treating China as an NME depends on the interpretation of a sunset clause in China’s Accession Protocol [“AP”]. As the WTO gears up for a long-drawn dispute about China’s status, the author attempts to test the legal basis of China’s claim. After providing a brief background of the conditions under which China acceded to the WTO, the author examines the three viewpoints that have been adopted by commentators towards the question of China’s NME status. The author finally concludes that the third viewpoint i.e. shifting burden of proof offers the correct interpretation of China’s AP, in consonance with the rules of treaty interpretation under the Vienna Convention on the Law of Treaties.
The full paper is here.
