The Interpretation And Application Of Article 15 In The China Accession Protocol

The debate on whether China is a Market Economy Country(MEC)has been endless,especially after 2016,in order to deny the Article 15 of China's Accession Protocol,the EU and other countries begin to discuss whether China is a MEC.Many scholars analyze whether China is able to successfully access the market economy status in accordance with Article 15 from the perspective of the interpretation of the treaty,combined with political science,economics and other multi-disciplinary.In order to draw a convincing conclusion,however,the author believes that,it is not enough to draw the conclusion by analyzing a certain article or a few articles of the treaty,the most fundamental is to solve the legal nature of "China's Accession Protocol" and its relationship with the WTO Agreement.The conclusions will be more convincing by analyzing how to apply the law on the basis of specifying the above two issues.For the provisions of the accession to the WTO,or the application of the provisions of the WTO Agreement,the WTO Dispute Settlement Body(DSB)is the most authoritative interpretation subject in the WTO organization,so the author thinks that we should analyze the ideas and methods of many treaties and agreements in accordance with the judge and interpretation of the dispute settlement institution to specify the definition of Article 15.Then,I believe that the suits are the most able to reflect the judge thinking mode than many of the WTO dispute settlement agencies,so I decide to analyze the WTO accession agreement from the dispute analysis by selecting “China-Raw Materials”,“China-Publications”.The reason why these two cases are chosen is that they relate to the application of Article 5(1)and Article 11(3)of China's Accession Protocol and Article 20 of the GATT1994,and the judgments are opposite.Therefore I want to conclude the legal nature of China's Accession Protocol to the WTO Agreement and its relationship with the WTO agreement by analyzing the two cases.On the basis of the above,the author intends to analyze the application of Article 15 from another case of “EU-Steel Fasteners”,explain the application of Article 15 in accordance with the idea of the Judge of the Dispute Settlement Body,and finally summed up the advantages of the Chinese market economic status analysis results.I believe that the EU and other countries will not sit still to admit China's market economic status.After 2016,if it has been taking the price of alternative countries to discriminate against China,we can consider to the WTO DSB to request according to the Article 15.If the successful results of this method will be the most beneficial to China,but the risk is the largest,only the interpretation of the provisions of the judge's ideas have absolute grasped can be resolved through this method,so hope that this article can provide more to persuade WTO judges to make a favorable interpretation and judgment of China.The paper is divided into three chapters:The first chapter mainly discusses the influence of the nature of WTO Accession Protocol on the interpretation and application of specific provisions.In the first section,the four international and regional accession protocols are selected and analyzed,and as a whole,it is interpreted as a quasi-international treaty and can be applied to the Vienna Convention on the Law of Treaties.In the light of the specific provisions,it is concluded that the WTO Accession Protocol is an integral part of the WTO Agreement."This Agreement is an integral part of the WTO Agreement" is analyzed in two ways.First,the meaning of "component" should be applied and interpreted as a legal document together with its relevant agreements,and “WTO Agreement” should be the “WTO Agreement” as a whole,which includes multilateral trade agreements as annexes.The second section analyzes the nature of China's accession to the WTO from two aspects.First,it introduces the research and opinions of the experts and scholars on the protocol,and the second is to analyze and apply the WTO dispute settlement mechanism to the WTO Accession Protocol.The third section concludes the conclusions of the above two sections to determine the impact of the nature of the protocol on the interpretation and application of specific provisions.In the second chapter,on the basis of the principle of the interpretation of the nature of the protocol and the principle of interpretation of the articles,the second chapter unfolds the interpretation and application of Article 15 of China's Accession Protocol.The second section introduces the views and interpretations of Article 15 by scholars at home and abroad,and the third section discusses the views and interpretations of Article 15,which is based on the interpretation of Article 15 and “EU-Steel Fasteners” is the center to analyze the interpretation and application of Article 15 by the DSB in order to verify the correctness and feasibility of the analysis of the nature of the Protocol and the interpretation of Article 15.The third chapter is the application of Article 15 after the expiration of Article 15(a)(ii).The first section is that the attitude and solution of the countries and regions trading with China after the expiration of Article 15(a)(ii).The second section analyzes solutions and their practicability based on the above-mentioned situation and the preceding interpretation of Article 15.