The Principle of Effectiveness in the Interpretation of the Protocol of Accession of China to the World Trade Organization: Market Economy Considerations in Anti-Dumping Investigations

Abstract

China’s requests for consultations with the European Union and the United States formally initiated WTO disputes regarding certain provisions of the European Union and United States Anti-Dumping laws pertaining to the determination of normal value for ‘non-market economy’ countries. By filing such requests, China officially requested theWTODispute Settlement Body to clarify one of the most controversial and difficult to interpret ‘pieces of WTO law’. This article addresses the interpretation of section 15 of China’s Protocol of Accession in light of the principle of effectiveness to offer a different perspective on the ongoing dispute. It analyses whether the expiration of paragraph (a)(ii) will automatically prohibit Member States from deviating from standard rules to calculate normal value after 11 December 2016. It focuses particularly on section 15(d) and the criteria to be used to assess if China is (or is not) a market economy