WTO and the Greater China

Chien-Huei Wu, Ph.D. (2009) in Law, European University Institute, is Assistant Research Fellow at Academia Sinica. He has published extensively on international trade law and EU external relations law, including a book chapter in EU External Relations – Law and Policy in the Post-Lisbon Era (TMC Asser/Springer).

• List of Acronyms and AbbreviationsTable of LegislationTable of CasesChapter I: IntroductionI. Different roads to Geneva: Legal Bases and Accession HistoryII. The Four Members of the Greater China in the WTOIII. The Structure of the WorkChapter II Effective Judicial Review in External Trade Relations in the Greater ChinaI. Closer Economic Interdependence gives Rise to Trade DisputesII. Effective judicial review and implementation of the WTO agreementIII. The Contribution of Strengthened Judicial Protection to The Greater ChinaIV. Short ConclusionChapter III WTO Constitutionalism and its Contribution to Judicial Settlement of Trade Disputes in the Greater ChinaI. IntroductionII. Three Versions of Constitutionalism in the WTOIII. The Pursuit Of WTO Constitutionalism and Its Contribution to Judicial Settlement of Trade Disputes in Greater ChinaIV. Short ConclusionChapter IV Domestic Judicial Review in WTO AgreementsI. IntroductionII. Article X: 3 of GATT 1994 and Annexed AgreementsIII. Article 13 of Anti-Dumping Agreement and Article 23 of Agreement on Subsidies and Countervailing MeasuresIV. Article 11 of Agreement on Customs Valuation and Article 3(5) of Agreement on Import Licensing ProceduresV. Article VI:2 of the GATSVI. TRIPS AgreementVII. Article 4 of Pre-Shipment Inspection AgreementVIII. Article XX of Government Procurement AgreementIX. Short ConclusionChapter V Judging Judges: China’s WTO Obligation to Provide An Independent and Impartial Judicial ReviewI. IntroductionII. China’s obligation to provide an independent and impartial judicial reviewIII. Global and Regional Standards on Independence and ImpartialityIV. Judicial Review in China: Law and PracticeV. Short ConclusionChapter VI Twenty Years After Liberalisation: Is it Time for Taiwan’s Courts to Face with Cross-Strait Trade? I. IntroductionII. The legal Status of WTO Agreement in Taiwan’s Constitutional FrameworkIII. Constitutional/Legal Framework Governing (Trade) Relations with ChinaIV. Case Study in Relation to Chinese Education Services and Recognition Diplomas of Chinese DiplomasV. Short ConclusionChapter VII Trade Dispute Resolution Between China and Taiwan: An indirect Approach through Third Party ParticipationI. IntroductionII. Interaction between China and Taiwan within the WTO Dispute Settle MechanismIII. Dispute Settlement Mechanism in Bilateral Taiwan-China AgreementsIV. Trade Disputes Between China and Taiwan at the National LevelV. ConclusionChapter VIII One Country, Two Systems, and Three Memberships: Trade Dispute Resolution Between China and Hong Kong and MacauI. IntroductionII. Constitutional/National Law FrameworkIII. The WTO/CEPA Framework: One Country, Two Systems, Three MembershipsIV. Short ConclusionChapter IX Neither National Nor International: Trade Dispute Resolution between Taiwan and Hong Kong and MacauI. IntroductionII. The Haunted China Factors: Taiwan-Hong Kong Negotiation on the Freedom of The Air as An ExampleIII. Trade dispute resolution between Taiwan and Hong Kong and MacauIV. ConclusionChapter X Conclusion and the Way ForwardBibliography