China and the wto Appellate Body’s Rule of Law

Abstract

The World Trade Organization is no longer just seen through intergovernmental lenses. Rule of law is part of the vocabulary of the wto and is developed by the Appellate Body. However, the concept of rule of law is a hazy concept, laden with normative challenges with an Eurocentric base in a globalized world. This article addresses how China approaches rule of law at the wto level. Rule of law in a Chinese context has specific Chinese traits and the question is how it corresponds with wto rule of law. The article claims that China recognizes rule of law at wto level and accepts the methodological approach by the Appellate Body. However, a wto rule of law has not been challenged with human rights issues and it needs further refinement. So far it has served Chinese interests which might be a reason behind the Chinese approach.