Plaintiff hopes to lose in foreign commercial trial and disputes with WTO

Author: Yu Dehe
Publisher:
Publish Date: 2004-03-01
Features: The Plaintiff Hopes to Lose aims to explore whether WTO rules and China's commitments upon joining the WTO are applicable in foreign-related economic disputes, from the perspectives of foreign parties, Chinese parties, and courts. It uses the breakthrough point that certain ordinary foreign-related commercial cases can evolve into WTO disputes under specific conditions, attempting to investigate the impact of WTO rules and China's commitments upon Chinese enterprises. The book seeks to alert Chinese enterprises to gain a deeper understanding of WTO rules and China's commitments upon joining the WTO, thereby familiarizing themselves with the rules, applying them effectively, and creating a fair competitive environment for enterprises in both international and domestic markets. This will enhance their market competitiveness and foster the awareness that "respecting the rules is protecting oneself." The Plaintiff Hopes to Lose offers the following insights:
1. Chinese law must align with WTO law in terms of legislation, law enforcement, and judicial processes.
2. Ordinary foreign-related commercial dispute cases can evolve into WTO dispute cases, possibly due to inconsistencies between China's laws and regulations and WTO law or the WTO dispute settlement mechanism, or due to improper legal application or judicial unfairness.
3. Under the WTO system, Chinese law pertains to factual issues rather than legal issues. Therefore, judgments by Chinese courts play only an evidentiary role in the WTO dispute settlement mechanism, and the mechanism is not bound by the final rulings of member states.
4. The standards for evaluating foreign-related commercial judgments are WTO standards and Western legal culture, not just Chinese law and legal culture.
5. Whether Chinese courts have full jurisdiction over cases related to international trade and whether they possess de facto final authority will depend on the fairness of the rulings and the recognition of judicial fairness by WTO members.
This book is a valuable reference for foreign-invested chambers of commerce, foreign-invested industry associations, foreign-invested enterprises and individuals, foreign-invested enterprises in China (including joint ventures, cooperative enterprises, wholly foreign-owned enterprises, high-tech enterprises, private enterprises), domestic chambers of commerce, domestic industry associations, domestic enterprises, and legal professionals providing legal services to these chambers, associations, enterprises, or individuals. It is also suitable for law students who are interested in studying and researching WTO law and China's commitments upon joining the WTO.