Article citationsMore>>

Responsibility of States for Internationally Wrongful Acts. Text adopted by the ILC at its fifty-third session, in 2001, and submitted to the United Nations General Assembly as a part of the ILC’s report covering the work of that session. The General Assembly “[took] note of the articles on responsibility of States for internationally wrongful acts” for the first time in General Assembly Resolution 56/83 of 12 December 2001, corrected by document A/56/49 (Vol. I) / Corr.4, and subsequently in Resolution 59/35 of 2 December 2004, Resolution 62/61 of 6 December 2007, and Resolution 65/19 of 6 December 2010. The ILC’s report, which also contains commentaries on the draft articles, appears in the Yearbook of the International Law Commission, 2001, Vol. II, Part Two.

has been cited by the following article:

• TITLE: Whether China’s State-Owned Commercial Banks Constitute “Public Bodies” within the Meaning of Article 1.1 (a) (1) of the Agreement on Subsidies and Countervailing Measures: Analysis of US—Definitive Anti-Dumping and Countervailing Duties on Certain Products from China

  AUTHORS: Yi Liao

  KEYWORDS: Public Bodies; State-Owned Commercial Banks

  JOURNAL NAME: Beijing Law Review, Vol.4 No.4, December 30, 2013

  ABSTRACT: US—Definitive Anti-Dumping and Countervailing Duties on Certain Products from China is the initial WTO dispute in which China claims that US-countervailing duties on certain products from China are inconsistent with the obligations of the United States under the Agreement on Subsidies and Countervailing Measures (“SCM Agreement”). In this dispute, the specific meaning of “public bodies” within Article 1.1 (a) (1) of the SCM Agreement and the question of whether China’s state-owned commercial banks (“SOCB”) constitute “public bodies” are the heart of the matter. This thesis will analyze these issues by examining the reports of the Panel and the Appellate Body. In particular, the thesis will argue that the theory of the governmental function advanced by China is much more persuasive than that of governmental control in terms of defining “public bodies”. Although China’s SOCBs have gone through several stages of reforms, the majority ownership of them has remained in the hands of the Chinese government. However, SOCBs’ policy-oriented nature has been largely marginalized, and currently they only perform subsidiary governmental functions. In this regard, the conclusion this thesis will attempt to reach is that the WTO system needs to give developing countries like China more policy flexibility in order to upgrade their international trade participation to the level required and followed by developed countries. During the process, developing countries should also make the best use of their latent comparative advantage and the effects of globalization.