Greater uniformity and centralization: The regulatory development of Chinese food and product safety under the WTO

• Published in: Washington international law journal Vol. 28; no. 1; pp. 65 - 108
• Main Author: Nga Kit 'Christy Tang
• Format: Journal Article
• Language: English
• Published: 01.01.2019
• Subjects: Food law and legislation; FOOD LAWS; Free trade; INTERNATIONAL TRADE; Product safety; PRODUCTS SAFETY; REGULATION; RULE OF LAW; WORLD TRADE ORGANISATION; World Trade Organization; CHINA
• ISSN: 2377-0872

The WTO Agreements emphasize free trade, which links with diversity, deregulation, and decentralization. China, on the other hand, emphasizes uniformity and centralization, especially regarding the political control and the one-party system of “democratic dictatorship.” China’s joining the WTO, therefore, may be considered as a development that changes the regulatory structure to become more diverse, deregulated, and decentralized. This paper, however, finds the opposite. Under the WTO law, China is encouraged to move towards greater uniformity and centralization with its decentralized and non-uniform settings under the market policy. Moreover, the WTO’s uniform and centralized encouragements can be integrated into the rule-by-man framework to increase the administrative and economic power of the Party. It is thus unclear whether China’s food and product safety problem can be solved.
The WTO Agreements emphasize free trade, which links with diversity, deregulation, and decentralization. China, on the other hand, emphasizes uniformity and centralization, especially regarding the political control and the one-party system of "democratic dictatorship." China's joining the WTO, therefore, may be considered as a development that changes the regulatory structure to become more diverse, deregulated, and decentralized. This paper, however, finds the opposite. Under the WTO law, China is encouraged to move towards greater uniformity and centralization with its decentralized and non-uniform settings under the market policy. Moreover, the WTO's uniform and centralized encouragements can be integrated into the rule-by-man framework to increase the administrative and economic power of the Party. It is thus unclear whether China's food and product safety problem can be solved.