COULD TEH WTO SAVE CHINESE COURTS?
This article examines Chinas WTO obligation to provide an independent and impartial judicial review. It starts with the analysis of the legal text and the existent jurisprudence in the WTO law. After this analysis, I find that the existent WTO law and jurisprudence does not offer clear guidance with regard to this obligation. I then argue in this article that international and regional standards of independence and impartiality of courts can offer insight for the interpretation of this obligation. Various case laws laid down by European Court of Human Rights are also relevant. After ascertaining the criteria to be applied, I then examine the existent progress made by China in order to fulfill its WTO obligation, focusing mainly on the administration of justice; the interaction between legislative interpretation and judicial interpretation; the adjudicative committee; and the case guidance system. I then conclude the existent practices in Chinese courts will not be able to pass the scru
