JOURNAL ARTICLE

Experimentation at the WTO lab: towards a better 'Interface' to accommodate State-owned enterprises.

  • Published In: Journal of International Dispute Settlement, 2024, v. 15, n. 3. P. 404 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Bi, Ying 3 of 3

Abstract

This article critically examines the World Trade Organization's (WTO) existing "interface mechanism" for regulating State-Owned Enterprises (SOEs), particularly in non-market economies such as China. Revisiting John H. Jackson's foundational Interface Theory alongside David Kennedy's critiques, it identifies key limitations including a market-centric focus disconnected from broader international law, oversimplified dichotomies between international economic flows and national policies, and ambiguous WTO terminology coupled with a passive enforcement stance. The article analyzes the Trans-Pacific Partnership (TPP) and Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) SOE rules, noting their innovative ownership-based definitions and behavioral obligations but concluding they remain insufficient for fully addressing the complexities of state participation in the economy. It proposes leveraging the WTO as a global policy laboratory to foster a more inclusive, adaptable interface mechanism that accommodates diverse national SOE reforms, highlighting China's mixed-ownership reform as a promising case study for such experimental dialogue and mutual learning.

Additional Information

  • Source:Journal of International Dispute Settlement. 2024/09, Vol. 15, Issue 3, p404
  • Document Type:Article
  • Subject Area:Economics
  • Publication Date:2024
  • ISSN:2040-3585
  • DOI:10.1093/jnlids/idae004
  • Accession Number:179399927
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