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Abstract

China highlights the flaws and limitations of the World Trade Organization’s dispute resolution process. China’s importance in the global economy led to its selection. The paper overviews China’s accession process, the two initial safeguards against subversion—the Transitional Product-Specific Safeguard Mechanism and the Transitional Review Mechanism, and how the Product-Specific Safeguard Mechanism and the Transitional Review Mechanism, and how the WTO’s process can be subverted. The paper also analyzes the WTO process subversion counterapproaches used by other Member States, mainly the United States. The two major flaws of the process are the lack of protections in place against subversion and the inability to revoke membership once it has been given. The United States of America to counter subversions by China halted the resolution process by the blocking of Appellate Body nominations. Policy options for the United States of America and the WTO differ. The policy recommendation for the United States is to continue blocking the appellate appointments until measurable, verified changes have occurred either within the WTO or by Members that subvert its dispute resolution process.

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