Zum Marktwirtschaftsstatus Chinas – Eine summarische Bestandsaufnahme des Diskussionsstands

Abstract

China’s market economy status – A summary of the present state of discussion

Abstract

In 2001, China joined the World Trade Organization (WTO). Within fifteen years China became one of the major trading partners for the European Union (EU). However, since China was still in the process of economic transformation, moving from a planned economy to one integrating market economy elements, section 15 (a) (ii) of China’s Accession Protocol to the WTO allowed other WTO member states, including the EU, more flexibility in imposing anti-dumping tariffs on Chinese exports. In December 2016, the relevant provision of China’s Accession Protocol expired. Consequently, China has demanded that it be treated as a market economy and has initiated a complaint at the WTO challenging EU measures related to the non-market economy methodology used in anti-dumping investigations. This article explores the current debate on the question of granting market economy status to China and also focuses on recent reforms in the EU’s anti-dumping legislation.