Since its accession to the WTO in 2001, China has been involved in 21 cases as complainant, 44 as respondent, and 179 as a third party. However, China-related cases have not overburdened the WTO dispute settlement system. Instead, China has assisted in the development of international trade law through the creative interpretations of different provisions achieved in the WTO dispute settlement proceedings. This article seeks to provide an overview of China’s participation in the WTO dispute settlement mechanism and contribution to the rules over the past decade. In doing so, the article not only highlights the jurisprudential and doctrinal contributions of some of the critical disputes, but also examines the role of various interest groups and stakeholders in shaping China’s dispute settlement activity. Overall, the article provides an overview of China’s WTO dispute settlement activities and its role in assisting the development of international trade law.
There are calls for biofuel imports from developing countries to be restricted. The imports which are either in the form of end-product (bioethanol or biodiesel) or feedstock (oil palm, sugar cane molasses, etc) are allegedly produced in ways which can threaten the environment and violate human rights. This article finds that there is no specific regime for trade in biofuels within the WTO system. Hence any restriction on such trade is governed by the existing trade regimes including tariffs and nontariff measures. However, the existing WTO tariff and non-tariff (TBT, anti-dumping and anti-subsidy) regimes are still inadequate in ensuring that measures are taken against biofuel feedstock and products that were produced in unsustainable ways. The use of these measures without being subject to clear defining rules will create a danger that they serve a protectionist rather than social or environmental objectives.