China, India, and the Law of the World Trade Organization

Abstract

This article seeks to assess the respective contributions of China and India to the law of the World Trade Organization (WTO) and to gain from a comparative perspective a better understanding on the potential impact of China on the WTO system. It observes that, although China's share in world trade is more than four times as large as that of India, China has played a much less significant role than India in both WTO rulemaking and adjudicatory processes. To date the major impact of China on WTO law stems from the special terms of its accession, many of which depart from the basic norms and principles of the WTO. India, on the other hand, has been one of the most active contributors to the development of WTO law and jurisprudence. The author suggests that the divergence in WTO legal practices of the two countries is attributable to a number of factors and that the presence of these factors will continue to influence their behavior within the WTO system.