Between 'Automatic Market Economy Status' and 'Status Quo': A Commentary on 'Interpreting Paragraph 15 of China's Protocol of Accession'

摘要

The foregoing has demonstrated that WTO law does not require that China be granted MES as of 2016, and that the effect of the sunset clause will be to strip out of the NV calculation processes any authority to institute a legal presumption concerning China, thereby requiring petitioners/IAs to establish, as a matter of the facts on record, a need to resort to a methodology to account for any distortions which the proper functioning of the AD instrument would require. Those are, it may be noted, similar to the conclusions drawn by Mr. Miranda. However, one primary difference, of serious importance to those familiar with the operation of the WTO DSU, lies in the fact that the default rules of the ADA will need to serve as the source of authority for dealing with China going forward, rather than paragraph 15 of the Protocol.