The Legal Status Of China’s Protocol Of Accession In The WTO Legal System

In recent year, China always fails in the WTO cases, especially in the “material case” and "rare earths case". Due to the relationship among Protocol On The Accession Of The People’s Republic Of China(China’s Accession Protocol for short) and Marrakesh Agreement Establishing the World Trade Organization(WTO Agreement for short)and multilateral trade agreements is undefined. In these cases China is at a disadvantage. In view of this, according to the decision of “rare earths case”, this article will identify the main disputes in this case. Then this article will analyze the nature and legal effect of China’s Accession Protocol to clarify the relationship among China’s WTO Accession Protocol and WTO Agreement and multilateral trade agreement sand to clarify the legal status of China’s Protocol of Accession in WTO legal system. This is very significant for China to be at an advantage in such disputes in WTO cases. The General Council and the Council of Ministers in WTO should perform their duties its legal duties under the objects and purposes of WTO Agreement to bring China’s Protocol of Accession into the framework of the WTO legal system.