The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO

The Political Economy of WTO Implementation and China’s Approach to Litigation in the WTO

Yenkong Ngangjoh Hodu and Zhang Qi

The concept of compliance of World Trade Organization law as part of international economic law is examined in this discerning book. The issue of compliance is examined through a broad perspective, considering the key conceptual issues which continue to dominate debate around contemporary world trade rule-making. In view of China's in shaping the political economy of the world trading system, this book places discussion within context of Chinese Confucian values

Chapter 5: The Chinese approach to law

Yenkong Ngangjoh Hodu and Zhang Qi

Subjects: asian studies, asian law, law - academic, asian law, international economic law, trade law

Extract

The concept of the ‘rule of law’ has only recently begun to resonate in China, mainly through the country’s agreement to settle disputes using the WTO dispute settlement mechanism. Confucian values, identified as the foundation of China’s great cultural tradition, have controlled the social order and regulated people in all activities of Chinese daily lives, including the people’s legal consciousness, expectations of justice and trust in law. Persuasion and negotiations are a central tenet of Confucian theory. The notion of law in Confucian tradition has over many centuries largely been seen in the context of ‘penal and administrative law’. This legal tradition is distinct from the common and civil law of the Western society. This therefore means that with the changing fundamentals of global economic order, the notion of law in a Confucian tradition requires adaptation. In the eyes of the Chinese and most Asians, ‘globalisation’ implies the dominance of Western economic and cultural interests over the rest of the world. In the name of globalisation, economic development has reconstructed traditional social norms. Although Western legal systems and thoughts have greatly influenced China, fundamental differences remain.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information