Judicial Review of Trade Remedy Determinations in China: An Untested Theoretical Possibility?

Abstract

Upon its accession, China established a judicial review mechanism for trade remedy determinations pursuant to WTO rules. However, the operational details of the mechanism remain unclear. This paper fills the research gap by discussing the main issues in the judicial review process, including types of determinations that are reviewable, which parties may participate in such cases, which court has the jurisdiction, standards applicable in reviews of law and facts, burden of proof, evidentiary rules, direct application of WTO agreements, appeal mechanism and remedies available. The paper concludes that while China has built a judicial review mechanism that satisfies the minimum requirements of the WTO, its utility is greatly restricted by problems within the judicial system in general. Unless broad changes are made, judicial review will remain an untested theoretical possibility.