IDEAS home Printed from https://ideas.repec.org/a/bla/glopol/v12y2021is3p61-70.html
   My bibliography  Save this article

Why Reform is Needed: WTO ‘Public Body’ Jurisprudence

Author

Listed:
  • Dukgeun Ahn

Abstract

WTO jurisprudence on what constitutes a ‘public body’ has provoked one of the most controversial debates on the legitimacy and integrity of the WTO dispute settlement system and the WTO in general. Dispute settlement panels and the Appellate Body disagree on the interpretation and application of the public body concept, especially when applied to Chinese SOEs. In fact, the interpretation of ‘public body’ in the WTO Agreement on Subsidies and Countervailing Measures tackles a more fundamental question of whether the WTO system can handle the state capitalism of China and other non‐market economies within the framework of global trade rules that are primarily designed to deal with free market economies. The fate of the WTO system critically hinges on how legal interpretation of ‘public body’ can address structural differences of members’ economic systems. Addressing this challenge requires WTO members to implement long overdue legal and institutional reforms.

Suggested Citation

  • Dukgeun Ahn, 2021. "Why Reform is Needed: WTO ‘Public Body’ Jurisprudence," Global Policy, London School of Economics and Political Science, vol. 12(S3), pages 61-70, April.
    • Handle: RePEc:bla:glopol:v:12:y:2021:i:s3:p:61-70
    DOI: 10.1111/1758-5899.12929
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/1758-5899.12929
    Download Restriction: no
    File URL: https://libkey.io/10.1111/1758-5899.12929?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Sjöholm, Fredrik, 2023. "The Return of Borders in the World Economy: An EU-Perspective," Working Paper Series 1469, Research Institute of Industrial Economics.
    2. Rezana Konomi & Dorina Gjipali & Ntastin Perola, 2023. "Effectiveness and legitimacy of Amicus Curiae submission before WTO judiciary organs," Academicus International Scientific Journal, Entrepreneurship Training Center Albania, issue 28, pages 110-120, July.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bla:glopol:v:12:y:2021:i:s3:p:61-70. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://edirc.repec.org/data/lsepsuk.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.