The basic principles of international law call for each party to abide by the obligations stated in the treaties. As a constituent part of “WTO Agreement”, the Article 15 of the Protocol on the Accession of the People’s Republic of China to the WTO stipulates that the “surrogate country approach” used by member countries to calculate anti-dumping measures against Chinese exports will expire 15 years after the date of accession. The provision means that starting from December 11, 2016, any future anti-dumping cases against China should make comparison with prices or costs in China. Since this obligation has been written into the international treaty, each WTO member should fulfill it without doubt by abolishing the “surrogate country system” as scheduled. China’s legitimate interests should be duly protected.
中国有句古话:言必信,行必果。契约精神是市场经济的基石,信守条约是国际法的基本准则。维护条约义务的严肃性,维护多边贸易体制的权威性,是世贸组织成员的共同义务,也是各成员的共同利益。目前,绝大多数世贸组织成员已经提前或如期履行《议定书》第十五条项下的条约义务,对华终止使用反倾销“替代国”做法。
There is an old saying in China that “promises must be kept and actions must be resolute”. The spirit of contract is the foundation of market economy while commitment to fulfill promises is the basic principle of international law. It is the shared obligation and common interest of each member state to honor the terms in the protocol and maintain the authority of the multilateral trading system. Most of the WTO members have fulfilled their obligations stipulated under the Article 15 in the protocol ahead or on schedule by terminating the “surrogate country system” against China.
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