ABSTRACT

In this paper I address the question of the effect, if any, China's accession to the World Trade Organization (WTO) will have on the establishment of a system of rule of law in China and, in turn, consequences this may have for the protection of human rights in China. This question is very difficult, as the consequences for China's legal system of her accession to the WTO may be difficult to distinguish from the changes already taking place as a result of the implementation of the Open Door policy and the pursuit of economic reform and modernisation. To an extent, China's accession to the WTO may act as an impetus to continue, or even speed up, reforms that are already taking place. However, there are a number of features of both the structure and the operation of the Chinese legal system that arguably will not be responsive to WTO legal disciplines or affected by China's accession to the WTO. These features exist both in relation to the legal regulation of economic activities and human rights.