Tuesday, September 10, 2013

Webster: Paper Compliance: How China Implements WTO Decisions

Timothy Webster (Case Western Reserve Univ. - Law) has posted Paper Compliance: How China Implements WTO Decisions (Michigan Journal of International Law, forthcoming). Here's the abstract:
China is frequently singled out for defying international law and disregarding international institutions. This paper examines one key stratum of China’s compliance: its implementation of World Trade Organization rulings. China shows a strong record of compliance, and has reformed its domestic legal system to accommodate the WTO. Ultimately, however, I argue these efforts amount to paper compliance. The mere phenomenon of legislative change does not guarantee compliance. First, China has not fully implemented several rulings, leaving in place many inconsistent regulations. Second, China’s political and legal systems permit various manners of non-compliance. Paper compliance captures the contradictions between stated behavior and demonstrated conduct, and shows that regulatory revision, even if impressive on paper, imperfectly reflects the broader context of compliance.