Sa Qianyi | Impact of China's Accession Protocol on Its Participation in the Dispute Settlement Mech

December 7th,The "2024 International Trade Disputes and Globalization Restructuring Academic Symposium"Successfully held at Lingnan University in Hong Kong."


Sa Xiyi, a lecturer at Tianjin Normal University, attended the eighth sub-forum, "Response to Trade Policy Shocks," moderated by Shi Wei, a professor at the Institute of Economics and Social Sciences of Jinan University, and shared her article entitled "Impact of China's Accession Protocol on China's Engagement with the Dispute Settlement Mechanism: An Analysis of Eleven Protocol-related Cases."


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Sa Xiyi is a lecturer at Tianjin Normal University. Her research interests include WTO law, international trade law, and international arbitration and mediation. She leads projects for the Tianjin Municipal Judicial Administration Service Center, the Tianjin Arbitration Commission, and the Tianjin Law Society. She holds a PhD in Law from the School of Oriental and African Studies, University of London.


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In her presentation, Sa Xiyi stated that this research was conducted against the backdrop of China's gradual transformation from a silent observer to an experienced participant in the WTO's Dispute Settlement Body (DSM) over the 23 years since its accession. This provides a valuable opportunity to observe China's participation in the WTO Dispute Settlement Body and analyze the factors influencing its performance. This paper examines China's participation in the WTO Dispute Settlement Body when it was the respondent in cases related to the Accession Protocol. The conclusions drawn from an in-depth analysis of 11 concluded cases related to the Accession Protocol are as follows: The Accession Protocol itself, and the interpretation methodology adopted by the Dispute Settlement Body (DSB), make it difficult for China to reasonably defend itself against other members' violations of their obligations under the Accession Protocol and related commitments in the Working Group Reports. Therefore, WTO members can easily bring suit against China based on specific provisions of the Accession Protocol.


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Cai Wei, Associate Professor at the School of Law, Sun Yat-sen University, commented on the article. He suggested providing a theoretical basis for the article's conclusions and offering more detailed explanations of key terms, the language of the WTO Accession Protocol, and the key clauses of the Working Group Report. He recommended that each case, or cases within the same field (such as raw materials), be analyzed independently, as different cases present different industry and legal issues, and although these cases are related, they are fundamentally different. He believes that archival materials from the drafting process of the Protocol and the Report can be used to gain a deeper understanding of relevant concepts. Furthermore, legal interpretation alone is insufficient, especially in controversial cases. Emphasis should be placed on industry or political tensions to support the arguments, and further elaboration should be provided on the two types of exceptions: general exceptions and security exceptions.