Although some commentators view paragraph 15 of China's World Trade Organization (WTO) Accession Protocol as conferring market economy status automatically by-year end 2016, no such commitment is discernable in the actual text of this provision, as examined based upon well-established rules of interpretation of WTO law. This paper also contends that, besides lacking textual support, a 'sudden death' approach to China's Non-Market Economy (NME) status would eviscerate the case-specific, facts-based approach that is the distinguishing characteristic of paragraph 15 vis-a-vis NME provisions in prior accessions.
Global Trade and Customs Journal