Free Markets, State Involvement, and the WTO: Chinese State Owned Enterprises (SOEs) in the Ring

18 Pages Posted: 7 Mar 2017

See all articles by Petros C. Mavroidis

Petros C. Mavroidis

Columbia University - Law School

Merit E. Janow

Columbia University - School of International & Public Affairs (SIPA)

Date Written: March 2017

Abstract

The WTO has struggled with the treatment of nonmarket economies (NMEs). What was a nonissue in the original GATT (because of the homogeneity of participants) became quite an issue with the accession of formally centrally planned economies, which were not transformed to market economies, at least not in the eyes of the incumbents. Contracting this issue has proved to be so far always wanting, and leaving it to adjudicators has not produced good results either. With respect to Chinese SOEs this risks continuing to be an issue, since the contractually agreed deadline (2016) after which China should not be treated as NME anymore, risks proving to be full of holes and loopholes.

Keywords: NME; Nonmarket Economy; SOE; State-Owned Enterprise; WTO

JEL Classification: K40; F13

Suggested Citation

Mavroidis, Petros C. and Janow, Merit E., Free Markets, State Involvement, and the WTO: Chinese State Owned Enterprises (SOEs) in the Ring (March 2017). Robert Schuman Centre for Advanced Studies Research Paper No. RSCAS 2017/13, Available at SSRN: https://ssrn.com/abstract=2928591 or http://dx.doi.org/10.2139/ssrn.2928591

Petros C. Mavroidis (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

Merit E. Janow

Columbia University - School of International & Public Affairs (SIPA) ( email )

3022 Broadway
New York, NY 10027
United States
212-854-1724 (Phone)

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