Journal of Shanghai University (Social Science Edition)

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An Approach to the Admittance of the StateOwned Enterprise into the GPA of WTO

YUAN Du-juan   

  1. School of Law, Shanghai University
  • Received:2008-06-25 Revised:1900-01-01 Online:2008-09-15 Published:2008-09-15

Abstract: By 2007, China has submitted Appendix 1 as a preliminary bid list to initiate negotiations for the membership in the GPA of WTO. But, out of the expectation of the European Union and other GPA members, this list does not include China's stateowned enterprises. Whether China's stateowned enterprises should be governed by GPA or not may be one of the great problems to deal with during the negotiations of China's access to GPA. Although the GPA text does not give a clear definition to the government procuring entity, the related provisions as well as some doctrines of the "control of an entity governed by GPA" developed in GATT or WTO cases, prescribe the standard of the "governmental control or influence", which will be useful to guide the offer and bargain with the admittance of China's stateowned enterprises into the jurisdiction of GPA.

Key words: procuring entity, stateowned enterprise, GPA

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