JOURNAL ARTICLE
The Use of Trade Coercion and China's Model of 'Passive-Aggressive Legalism'.
Published In: Journal of International Economic Law, 2023, v. 26, n. 2. P. 322 1 of 3
Database: Legal Source 2 of 3
Authored By: Czapnik, Ben; Mercurio, Bryan 3 of 3
Abstract
The article examines China's use of trade coercion as a distinct and emerging challenge to the rules-based system (RBS) underpinning the World Trade Organization (WTO). It identifies a unique Chinese model termed "passive-aggressive legalism," characterized by informal, non-transparent, and plausibly deniable retaliatory trade measures aimed at punishing perceived political affronts, often to suppress international criticism on sensitive issues like human rights and sovereignty. This approach circumvents foundational WTO principles such as non-discrimination and transparency, notably through indirect actions involving state-owned enterprises and private firms, complicating legal attribution and dispute resolution. The China–Australia trade tensions serve as a key case study illustrating these dynamics, highlighting broader concerns about the erosion of the RBS and the implications for global trade governance and international law.
Additional Information
- Source:Journal of International Economic Law. 2023/06, Vol. 26, Issue 2, p322
- Document Type:Article
- Subject Area:History
- Publication Date:2023
- ISSN:13693034
- DOI:10.1093/jiel/jgac055
- Accession Number:163667718
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