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China and the World Trade Organization

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Chinese participation in the WTO




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China became a member of theWorld Trade Organization (WTO) on 11 December 2001,[1] after the agreement of the Ministerial Conference of the WTO.[2] The admission was preceded by a lengthy process of negotiations and required significantchanges to the Chinese economy. Its membership has been contentious, with substantial economic and political effects on other countries (some times referred to as theChina shock) and controversies over the mismatch between the WTO framework and China's economic model.[3][4] Assessing and enforcing compliance have become issues in China-US trade relations,[5] including how China's noncompliance creates benefits for its own economy.[6]

Background

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Until the 1970s, China's economy wasmanaged by theChinese Communist Party (CCP) and was kept closed from other economies. Together with political reforms, China in the early 1980s began to open its economy and signed a number of regionaltrade agreements. China gained observer status withGATT and from 1986, began to work toward joining that organisation. China aimed to be included as a WTO founding member (which would validate it as a worldeconomic power) but this attempt was thwarted because theUnited States, European countries, andJapan requested that China first reform various tariff policies, includingtariff reductions, open markets and industrial policies.

The process was envisioned and endorsed byUS PresidentBill Clinton,CCP General SecretaryJiang Zemin andChinese PremierZhu Rongji, without whose decade-long efforts it would have come to naught.[7]

Process of joining WTO

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US President Clinton and Chinese leader Jiang hold a joint press conference at the White House, on 29 October 1997

Preparations

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After the1997 Asian financial crisis, China sold off or merged many unprofitablestate-owned enterprises. In 1998, China reformed theState Council to greatly reduce the mandate of theState Planning Commission and increase the mandate of the State Economic and Trade Commission. This shift also corresponded to the change in premiership fromLi Peng toZhu Rongji, the latter of whom strongly believed that China needed deepereconomic restructuring. This, which had been happening since the 1980s, includedcrackdowns on corruption and the establishment ofchambers of commerce.[8]

If theWorld Trade Organization Ministerial Conference of 1999 and related1999 Seattle WTO protests were the penultimate step before Chinese accession,[9] the May 2000 passage of PERMANENT NORMAL TRADE RELATIONS WITH CHINA by the House of Representatives underSpeaker Hastert was the crowning glory of Clintonian foreign policy.[10][11][12] TheDoha ministerial conference of November 2001 marked the ultimate step prior to China's accession.[13]

United States' role

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US President Bill Clinton and Chinese leader Jiang Zemin at theGreat Hall of the People in Beijing on 27 June 1998

Formal diplomatic relations between the United States and the People's Republic of China were notestablished until 1979, and even afterward, trade relations were hampered by the high tariff rates of theSmoot–Hawley Tariff Act of 1930. After the two governments settled asset claims dating from theKorean War in 1950,Congress temporarily granted Chinamost favored nation status in 1980. Chinese-American trade was still hindered by theJackson–Vanik amendment of 1974, which made trade with the United States contingent on certainhuman rights metrics.[14]

By 1984, the United States had become China's third-largest trading partner, and China became America's 14th largest. The annual renewal of China's MFN status was constantly challenged by anti-Chinesepressure groups during UScongressional hearings. For example, U.S. imports from China almost doubled within five years from $51.5 billion in 1996 to $102 billion in 2001.[15] The Americantextile industry lobbied Congress for, and received, tariffs on Chinese textiles according to the WTOAgreement on Textiles and Clothing. In reaction to the1989 Tiananmen Square protests' suppression, theBush I administration and Congress imposed administrative and legal constraints on investment, exports, and other trade relations with China.[14]

In advocating for China's accession, US policymakers articulated political and ideological expectations. PresidentBill Clinton argued that China's entry into the WTO would promote peace and reform, stating, “Today the House of Representatives has taken a historic step toward continued prosperity in America, reform in China, and peace in the world”;[16] PresidentGeorge H. W. Bush had similarly stated that “no nation on Earth has discovered a way to import the world’s goods and services while stopping foreign ideas at the border,”[17] implying that greater trade openness would eventually lead to democratic development. (see:Democracy and economic growth;Democratic peace theory) However, these expectations are gravely challenged. According to theCouncil on Foreign Relations, WTO membership strengthened theChinese Communist Party’s control, with economic gains reinforcing its authoritarian model rather than encouraging political reform.[18]

TheClinton presidency from 1992 started with anexecutive order (128590) that linked renewal of China's MFN status with seven human rights conditions, including "preservation of Tibetan indigenous religion and culture" and "access to prisons for international human rights organisations"—Clinton reversed this position a year later. Other challenges to Sino-American relations in this decade included theinvestigations into Chinesenuclear espionage which produced theCox Report, the persecution of Taiwanese-American scientistWen Ho Lee for unproven allegations of espionage for the PRC, and the 1999United States bombing of the Chinese embassy in Belgrade. CCP General SecretaryJiang Zemin visited USA from October 27 to November 3, 1997, and Clinton paid a return trip June 25 to July 3, 1998. United States and China reached agreement on terms for China's entry into WTO after talks in Beijing in November 1999, subject to approval by Congress.[19]

Relations warmed after the September 2001 initiation byGeorge W. Bush of thewar on terror.[20]

Conditions

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These changes were difficult steps for China and conflicted with its prior economic strategy. Accession meant that China would engage in global competition according to rules that it did not make. China's admission was "an enormous multilateral achievement" that marked a clear commitment towardmultilateralism.[21]

Under Article 15 of the protocol by which China joined the WTO, China was recognized as a Non-market economy (NME). This status allows special treatment within the WTO. The status was set for 15 years and has been disputed after 2016, the year when the 15 years had passed.[22]

History as a WTO member

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When China joined the WTO, it agreed to considerably harsher conditions than other developing countries.[23][24] Furthermore, China had to deal with certain concerns linked totransparency andintellectual property that the accession to WTO underlined.[25][26] It comprehensively amended itsTrademark Law,Patent Law, andCopyright Law after it joined the World Trade Organization in 2001.[27]: 52 

After its entry into the WTO in December 2001, China began pursuing export-led growth and became a key link in global supply chains.[28]: 235–236  Chinese businesses were encouraged to trade directly with foreign companies (instead of working throughstate-owned enterprises as previously), with the exception of certain state monopoly sectors deemed critical to national security.[29]: 39  After China's WTO admission, Chinese businesses had lower tariffs in foreign markets.[30]: 46 

China's service sector was considerably liberalized and foreign investment was allowed; its restrictions on retail, wholesale and distribution ended.[31] Banking, financial services, insurance and telecommunications in China were also opened up to foreign investment.[32]

China's industrious and cheap labor also proved attractive to foreign investments.[28]: 235–236  China accumulated large trade surpluses andforeign currency reserves, which greatly increased government resources.[28]: 235–236 

In the 2000s, China was the world's largest exporter of rare earths; it sought to restrict exports and these policies resulted in major disruption to global supply and significant price increases.[33]: 5  In response, the United States, European Union, and Japanbrought a case against China in the World Trade Organization in 2012.[33]: 5  They contended that China's export controls effectively subsidized downstream industries relying on rare earths (such as steel, photovoltaics, andsemi-conductors) by keeping inputs low.[33]: 5  The WTO ruled against China, determining that its export controls were not justifiable according to the exceptions that China had contended.[33]: 5  China complied with the ruling, which also prompted increased policy coordination by central ministries and provided the impetus for further domestic reform.[33]: 5 

In 2007, the U.S. brought a WTO case against China challenging China's intellectual property laws.[27]: 21  This resulted in China's further amendment of domestic IP laws to comply with the WTO panel's decision.[27]: 21 

In 2024, the WTO stated that there is an "overall lack of transparency" in the Chinese government's financial subsidies for key industrial sectors.[34][35][36]

On 24 September 2025, Chinese PremierLi Qiang announced that China will no longer request so-called Special and Differential Treatment (SDT) benefits, which arise from itsdeveloping country status, in WTO negotiations on future deals.[37]

See also

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References

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  1. ^"WTO | Accessions: China".www.wto.org.Archived from the original on 2023-09-26. Retrieved2018-08-06.
  2. ^"Accession of the People's Republic of China - Decision of 10 November 2001". World Trade Organization. 23 November 2001.Archived from the original on 7 June 2021. Retrieved5 September 2019.
  3. ^Mavroidis, Petros C.; Sapir, Andre (2021).China and the WTO: Why Multilateralism Still Matters. Princeton University Press.ISBN 978-0-691-20660-8.
  4. ^Tan, Yeling (2021).Disaggregating China, Inc.: State Strategies in the Liberal Economic Order. Cornell University Press.ISBN 978-1-5017-5963-5.JSTOR 10.7591/j.ctv1bxh5p1.Archived from the original on 2024-03-29. Retrieved2021-12-26.
  5. ^"Hearing: China and the WTO: Assessing and Enforcing Compliance".www.uscc.gov.Archived from the original on 2023-09-26. Retrieved2023-07-06.
  6. ^"False Hope & Broken Promises: Chinese Compliance With the WTO".Archived from the original on 2024-07-17. Retrieved2023-07-06.
  7. ^"How the WTO Changed China: The Mixed Legacy of Economic Engagement"(PDF). Foreign Affairs. 2021.{{cite journal}}:Cite journal requires|journal= (help)
  8. ^Fewsmith, Joseph (2001)."The Political and Social Implications of China's Accession to the WTO"(PDF).The China Quarterly.167:573–591.doi:10.1017/S0009443901000328.S2CID 154509255.Archived(PDF) from the original on 2021-02-24. Retrieved2019-07-17.
  9. ^Smith, Noah (6 January 2014)."The Dark Side of Globalization: Why Seattle's 1999 Protesters Were Right". The Atlantic Monthly Group.Archived from the original on 8 May 2024. Retrieved23 January 2021.
  10. ^Schmitt, Eric; Kahn, Joseph (25 May 2000)."The China Trade Vote: A Clinton Triumph; House, in 237-197 Vote, Approves Normal Trade Rights for China".The New York Times.
  11. ^"2000/05/24 Clinton on China trade - House passage of PNTR".
  12. ^"What Happened when China Joined the WTO?". 6 February 2025.
  13. ^"WTO | Ministerial conferences - Doha 4th Ministerial - Summary of 11 November 2001".
  14. ^abKent, Ann (2001)."States Monitoring States: The United States, Australia, and China's Human Rights, 1990-2001"(PDF).Human Rights Quarterly.23 (3). The Johns Hopkins University Press:583–624.doi:10.1353/hrq.2001.0037.S2CID 144657047.Archived(PDF) from the original on 2021-02-24. Retrieved2019-07-17.
  15. ^"Foreign Trade - U.S. Trade with China". Census.gov.Archived from the original on 2019-02-12. Retrieved2012-07-06.
  16. ^https://web-archive-2017.ait.org.tw/en/20000524-clinton-statement-on-house-pntr-vote.html Clinton, Bill (2000) "Clinton Statement on House PNTR Vote (Historic step toward prosperity, China reform, world peace) (1250)" American Institute in Taiwan
  17. ^[1] Bush, George H. W.(1991) "Remarks at the Yale University Commencement Ceremony in New Haven, Connecticut" The American Presidency Project
  18. ^[2] CFR Foundation(2025) "What Happened When China Joined the WTO?" Last UpdatedFebruary 06, 2025
  19. ^UPI NewsAlert;NEWLN:Implications of the world's top news. upi.com Nov. 15, 1999
  20. ^Wang, Dong (2011)."China's Trade Relations with the United States in Perspective".Journal of Current Chinese Affairs.39 (3). German Institute of Global and Area Studies:165–210.doi:10.1177/186810261003900307.
  21. ^"Money talks: An enormous multilateral achievement".The Economist. 5 December 2011.Archived from the original on 2012-05-27. Retrieved2012-07-06.
  22. ^"Is China a Non-Market Economy, and Why Does It Matter?".Econofact | Key facts and incisive analysis to the national debate on economic and social policies. 2017-04-13.Archived from the original on 2024-04-07. Retrieved2021-04-15.
  23. ^Branstetter, Lee (2008), "China's embrace of globalization", in Brandt, Loren; Rawski, G. Thomas (eds.),China's Great Economic Transformation, Cambridge, UK:Cambridge University Press, p. 655
  24. ^Scott, James; Wilkinson, Rorden (2013)."China Threat? Evidence from the WTO"(PDF).Journal of World Trade.47 (4):761–782.doi:10.54648/TRAD2013025.S2CID 154847791.Archived(PDF) from the original on 2024-07-17. Retrieved2022-08-13.
  25. ^Farah, Paolo Davide; Cima, Elena (2009).China's Participation in the World Trade Organisation: Trade in Goods, Services, Intellectual Property Rights, and Transparency Issues.SSRN 1527992.
  26. ^Farah, Paolo Davide; Cima, Elena (Spring 2010). "The Implementation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) in China".Tsinghua China Law Review.2:317–351.SSRN 1679999.
  27. ^abcCheng, Wenting (2023).China in Global Governance of Intellectual Property: Implications for Global Distributive Justice. Palgrave Socio-Legal Studies series.Palgrave Macmillan.doi:10.1007/978-3-031-24370-7.ISBN 978-3-031-24369-1.S2CID 256742457.
  28. ^abcZhao, Suisheng (2023).The Dragon Roars Back: Transformational Leaders and Dynamics of Chinese Foreign Policy. Stanford, California:Stanford University Press.ISBN 978-1-5036-3415-2.OCLC 1332788951.
  29. ^Jin, Keyu (2023).The New China Playbook: Beyond Socialism and Capitalism. New York: Viking.ISBN 978-1-9848-7828-1.
  30. ^Borst, Nicholas (2025).The Bird and the Cage: China's Economic Contradictions. Singapore:Palgrave Macmillan.ISBN 978-981-96-3996-0.
  31. ^Branstetter 2008, p. 657
  32. ^Branstetter 2008, pp. 658–659
  33. ^abcdeZhou, Weihuan; Crochet, Victor; Wang, Haoxue (2025-01-30)."Demystifying China's Critical Minerals Strategies: Rethinking 'De-risking' Supply Chains".World Trade Review.24 (2):257–281.doi:10.1017/S1474745624000193.ISSN 1474-7456.
  34. ^Farge, Emma (July 17, 2024)."China's industrial support programmes lack transparency, WTO says".Reuters. RetrievedJuly 17, 2024.
  35. ^Bermingham, Finbarr (2024-07-17)."WTO says China backsliding on reforms and is not transparent on subsidies".South China Morning Post.Archived from the original on 2024-07-17. Retrieved2024-07-17.
  36. ^Stamm, Levin (2024-07-17)."WTO Cites Lack of Transparency on China Industrial Subsidies".Bloomberg News.Archived from the original on 2024-07-17. Retrieved2024-07-17.
  37. ^Poidevin, Olivia Le (2025-09-24)."WTO hails Chinese decision to forgo developing country benefits".Reuters. Retrieved2025-09-26.

Further reading

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  • Gao, H.; Raess, D.; Zeng, K.(Eds.). (2023). Gao, Henry; Raess, Damian; Zeng, Ka (eds.).China and the WTO: A Twenty-Year Assessment. Cambridge UK: Cambridge University Press (open access).doi:10.1017/9781009291804.ISBN 978-1-009-29180-4.
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