Five Years of China’s WTO Membership. EU and US Perspectives about China’s Compliance with Transparency Commitments and the Transitional Review Mechanism

China’s accession surely presents the world trading system with opportunities, but also poses the challenge of integrating a market with strong structural, behavioral and cultural constraints. Prior to China’s accession and in the subsequent debates on the implementation of China’s WTO commitments, some have focused on the market access concessions, tariff reductions or on the liberalization requirements for the integration of China in the world trading system. A second group of scholars, researchers and analysts have placed more emphasis on transparency issues, such as legal and administrative policies that China must establish to ensure equitable and efficient resolution of commercial and trade disputes. This research tried to analyze both of those aspects. The transparency commitments are radically influencing and change the Chinese legal system, but the market access concessions, tariff reductions or the liberalization requirements are fundamental topics among the WTO issues. Particular attention is given to the review and evaluation of the Chinese legal reforms through the Transitional Review Mechanism (TRM), in view of complying with WTO transparency commitments. The Transitional Review Mechanism is a special multilateral mechanism for reviewing Chinese legal system, and it was included in the Protocol of China’s accession to the WTO. China has to become increasingly aware of the new system to which it has become a member. This system implies state international liability in the event of non-compliance with its obligations, such as respecting transparency requirements and WTO legal and administrative policies