Submitted in partial fulfillment of the degree Masters of Law in
International Law at the Fletcher School of Law and Diplomacy. The case of the
non-market economy treatment to People’s Republic of China, (China), at the World Trade
Organization, (WTO), might be the typical case where reality (economic) outdoes theory
(legal) or, perhaps, expectations. By 2001, when the WTO let China in, its ... read moreProtocol of
Accession, PoA, included provisions regarding the features of its economic model. Today
China and other members fiercely fight over the validity of those, now allegedly,
expired rules that suggested the commitment by which China would become a market driven
economy within 15 years. This paper then discusses the conditions for a reform to the
WTO’s trade remedies legal framework so as to solve that problem by means of a
multilateral negotiation rather than these complex litigations. This is negotiation is
suggested as the most appropriate, pragmatic, and long-lasting means to ensure the
preservation and efficacy of the WTO trade remedies mechanism. Otherwise, increasingly
complex bilateral litigations will harm its creditworthiness.read less
