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Abstract

This article examines the institution-related impediments to China’s compliance with WTO transparency requirements provided in GATT Article X. The problem of transparency in China’s national trade administration was not only the centre of focus in the negotiations before its accession to the WTO, but is one of remaining obstacles and sources of complaints after the accession. It argues that the strategy of imposing WTO-plus obligations on China would not be rational or more effective at promoting compliance in the sense that it requires weaker members to undertake more. For a possible solution of better compliance, an in-depth analysis of those impediments would be a crucial and necessary step. This provides an essential point to be considered for the discussion on the extent to which GATT Article X, as one of the most abstract and intrusive obligations, should be applied in the WTO case law.

Keywords: World Trade Organization, transparency, China, rule of law, WTO-plus obligation