United States law and China's WTO accession process

Abstract

This article surveys the history and background of the People's Republic of China's (PRC) accession to the GATT and the WTO, and analyzes US domestic laws affecting the PRC's accession to the WTO. United States domestic law, known as the Jackson-Vanik amendment, is a legal obstacle to a full WTO relationship between the United States and the PRC, because it requires annual review of the PRC's most-favored nation (MFN) trade status (since 1998 termed 'normal trade relations' status). Recognizing the United States must extend permanent MFN treatment to the PRC to avail itself of all rights under the WTO with respect to the PRC, this article explores the ways in which the US Congress has previously extended permanent MFN treatment to countries subject to the Jackson-Vanik amendment. This article also takes note of proposed US legislation with respect to the PRC's entry into the WTO. Finally, this article concludes that the US Congress plays an important and probably decisive rule in ensuring that the United States and the PRC enjoy a full WTO relationship. Copyright 1999 by Oxford University Press.