Is the US Method of Challenging China's IP-related Practices Legally Tenable from an International Legal Perspective?

Author:Yang Yu
Position::Associate Professor at WTO Chair Institute-China (WTO Chairs Programme) of Shanghai University of International Business and Economics; Research Fellow in Shanghai Center for Global Trade and Economic Governance

The US initiated a Section 301 investigation against China in 2017. Such a unilateral investigation has run counter to the explicit commitments in the Statement of Administrative Action. Even the basically reasonable ‘four corners’ defense can neither apply nor justify this investigation. Consequently, especially based on the Panel’s additional emphasis, the conditional international legality... (see full summary)

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