Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

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Friday, October 7, 2005

New article on China's antidumping practice

As a rule, I don't review books or articles here because starting down that road could get very time-consuming, and the only practical principle of selection - whether I like it or not - is bound to offend somebody. But I will make an exception here to draw readers' attention to an excellent and interesting piece they might not normally run across, since it won't show up in legal bibliographies: Scott Kennedy, "China's Porous Protectionism: The Changing Political Economy of Trade Policy", Political Science Quarterly, vol. 120, no. 3 (Fall 2005), pp. 407-432. 下不为例!

Kennedy starts by arguing that China's engagement with the world, and with the WTO in particular, can produce learning not only of liberal principles such as free trade, but also of illiberal ones such as the antidumping regime embedded within the WTO. But he goes on to argue that respondents in Chinese antidumping cases win a surprising percentage of cases, and explains it by the increasing openness of decisionmakers to lobbying by those who would be adversely affected by the imposition of dumping duties - not just the foreign exporters, but (and in particular) domestic end users as well.

Indeed, this openness to lobbying was formalized in the 2004 revisions to China's antidumping rules, when they became more free-trade-friendly than required by the WTO: they included a provision (Art. 37) requiring decisionmakers to take the public interest into account (i.e., to consider the adverse effect on users and the economy in general of imposing antidumping duties, and not solely the adverse effect on producers of not imposing them).

By contrast - and this is me speaking now, not Prof. Kennedy - there is to this day no room in US antidumping law for decisionmakers to consider arguments that antidumping duties would hurt the US economy far more than they would help producers. Users are not even defined as "interested parties" with a right to be heard as such (unless they are also importers, who does have such standing); consumer groups are given the right to "comment", but only with respect to the issue of whether dumping or injury occurred. (Chinese law allows "interested parties" to be heard (Art. 19), but does not define them.) In short, US law simply does not allow the broader issue of damage to the economy to be directly addressed. In this respect, Chinese antidumping law turns out to be more trade-friendly than that of the US.

This post is open for comments.

October 7, 2005 in Publications | Permalink | Comments (0) | TrackBack (0)

Thursday, October 6, 2005

The Next Generation Leadership Program (National Bureau of Asian Research)

Here's something that may be of interest to younger members of the Chinese law community:

Nbrlogo_2The National Bureau of Asian Research (NBR) is pleased to announce The Next Generation Leadership program, a new year-long fellowship for recent master's degree recipients that focuses on bridging the gap between scholarship and policymaking. The fellowship will be based at NBR's headquarters in Seattle. Fellows will collaborate with leading scholars to publish research and share their findings with the policymaking community in Washington, D.C.
 
The Next Generation Leadership program will break new ground by mentoring and immersing young Asia specialists from a wide variety of fields and interests in the skills and the practice of bridging the gap between scholarship and policy. Each fellow will receive a fellowship award, as well as travel and research-related expenses.

Application deadline is January 16, 2006. Fellowships begin June 5, 2006. For further information and application materials please visit http://www.nbr.org/NextGeneration

A full-text announcement is available at http://nbr.org/nextgeneration/announcement.pdf

October 6, 2005 in Fellowships/Research Opportunities | Permalink | TrackBack (0)

Wednesday, October 5, 2005

UN Seeks Speakers for Conference on Property Tax Reform in China

Undp_logo_1The United Nations Development Programme is seeking two speakers for an international seminar on reforming China's property tax system to be held in Wuhan City, Hubei Province, on November 22 & 23, 2005. For further details, see the posting in Paul Caron's Tax Prof Blog here.

October 5, 2005 in Conferences | Permalink | TrackBack (0)

Tuesday, October 4, 2005

October issue of CEEC newsletter now available

Cecc_1The October 1 issue of the newsletter of the Congressional-Executive Commission on China is now available here: Download CECCnewsletter20051001.pdf. The HTML version of all issues is available here.

October 4, 2005 in Publications | Permalink | TrackBack (0)

Sunday, October 2, 2005

Conference on Rights Advocacy and Legal Reform in China (Center for Chinese Studies, UCLA)

The UCLA Center for Chinese Studies will hold a conference on Rights Advocacy and Legal Reform in China on Oct. 3-4, 2005.

All presentations will be in Chinese. Speakers include:

  • Mo Shaoping, director of Mo Shaoping Law Firm: "Criminal Law Legislation, Implementation, Problems and Resolutions"
  • Li Jinjin, attorney at Li Jinjin Law Firm: "From Acquittal of Darrow to Charged Lawyers in China"
  • Yu Jianrong, Research Fellow, Chinese Academy of Social Sciences: "Social Conflicts in the Process of Transition: An Observation and Analysis of Contemporary Farmers and Workers’ Rights Advocacy Activities"
  • Zhou Litai, director of Zhou Litai Law Firm: "Progressive Workers' Rights Advocacy Mechanisms"
  • Richard Baum, professor of political science at UCLA: "The Need for Citizen Input and Feedback Mechanisms in a 'Rule of Law' Regime"
  • Xiaoping Chen, editor of China Law Digest (www.chinalawdigest.com) and visiting scholar at Wisconsin Law School: "Rights Advocacy by Law and Its Paradox: How Much Justice Can be Realized"
  • Cheng Jie, professor at Qinghua University Law School: "How to Build Due Process into Eminent Domain Laws in China"

The URL of the Center for Chinese Studies is http://www.isop.ucla.edu/ccs/index.asp, but it has not yet posted any information about this conference. For further information, contact Richard Baum or David Schaberg.

October 2, 2005 in Conferences | Permalink | TrackBack (0)