Professor of Law, Wayne State University Law School, USA (email: email@example.com). I wish to thank Erica Beecher-Monas, Sungjoon Cho, Donald Clarke, Milan Hejtmanek, Hilary Josephs, Amelia Porges, Ruosi Zhang and the anonymous reviewers for their helpful comments; Michael Hickman, Xiaojie Lu, and a number of other persons who wish to remain anonymous, for sharing insights with me during my research; and Aaron Silvenis for research assistance. The date of completion for this article is 10 April 2011 and all websites cited are current as of this date.
Julia Ya Qin; Pushing the Limits of Global Governance: Trading Rights, Censorship and WTO Jurisprudence—A Commentary on the China–Publications Case. Chinese Journal of International Law 2011; 10 (2): 271-322. doi: 10.1093/chinesejil/jmr017
For decades, China has maintained State import monopoly in cultural products. The opaque State trading operations ensure a maximum level of flexibility and efficacy in the government censorship of imports. The WTO judiciary held in the China–Publications case that this practice is inconsistent with China's trading rights commitments under its Accession Protocol and cannot be justified by the public morals exception of the General Agreement on Tariffs and Trade. To comply with the WTO ruling, China must restructure its censorship regime, which it apparently is not prepared to do. This article analyses the implications of the WTO decision and provides a critical assessment of the new WTO jurisprudence regarding trading rights and the China Accession Protocol.