A Chinese Perspective on the WTO
Both EU and China are WTO Members, sharing the firm commitment to maintain a multilateral trade system.To promote mutual trust and fairness in trade between EU and China, we must not lose sight of the multilateral framework of the WTO.
On the one hand, a reform of WTO is necessary. With the Appellate Body (AB) being paralyzed, more importance shall be attached to other appellate mechanisms like Multi-Party Interim Appeal Arbitration Arrangement (MPIA). Recent Arbitral Award of China – IPRs Enforcement shows that MPIA is a practicable choice to resolve dispute between EU and China, however, its persuasiveness and legal status still need further exploration.
On the other hand, the mature and well-developed parts of WTO shall be carefully preserved. Despite the shutdown of AB, the significance of the Dispute Settlement Body (DSB) itself shouldn’t be disregarded. Moreover, a greater value to be given to the Trade Policy Review Mechanism (TPRM), so that EU and China are able to enhance transparency and ensure non-discrimination in trade policies, helping to bridge differences across these two Members’ legal systems.
As a law student in China and a previous orator in JHJMCC, I’m more than proud to share my opinion about the commitment of future trade lawyers in facilitating the dialogue and legal cooperation between EU and China.
Trade lawyers are not dealing with business like IPO or M&A. Our mission is to resolve disputes and foster collaboration between governments. Familiarizing ourselves with both the legal system of EU and that of China is the most effective way to prepare for the future cooperation. Beyond traditional dispute resolution, next-generation trade lawyers should also take a proactive role—helping businesses build compliance resilience under EU and PRC law. In an era of potential “decoupling” and supply chain disruptions, lawyers must guide companies in establishing compliance systems that meet both sides’ regulatory demands. This includes aligning the EU’s Corporate Sustainability Due Diligence Directive with China’s “dual carbon” goals, for instance, to prevent new trade barriers arising from diverging ESG standards and maintain sustainable development in both Members.