Exploring Aggressive Legalism: Is Now A Good Time to Promote This Approach in Greater Asia?

Lu Yi ()
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Lu Yi: Peking University School of Transnational Law, B215A, Peking University Shenzhen, Xili University Town, Nanshan District, Shenzhen 518055, China Lecturer in Law & Assistant Director, Centre for Research on Transnational Law, Peking University School of Transnational Law, China Juris Doctor & Juris Master (2012), Peking University School of Transnational Law, China

Asian Journal of Law and Economics, 2015, vol. 6, issue 1, 85-123

Abstract: Aggressive legalism, a trade policy-making strategy targeted at actively utilizing WTO rules to defend trade interests, has greatly benefited major Eastern Asian countries in past years. This paper examines whether this strategy should be promoted around greater Asia in this era. First, this paper updates the status of adoption of aggressive legalism in East Asian countries including Japan, Korea and China. Second, it looks into the current and possible future utilization of the WTO Dispute Settlement Mechanism by selected countries which are frequent “targets” of trade remedy measures, namely India, Thailand and Indonesia. Finally, it discusses the participation of Asian developing countries in the WTO. Relying upon case studies and statistical analysis, the author finds that Asian countries’ rising image in international trade signals a trend of adopting aggressive legalism in Great Asia. This trend will undoubtedly promote the energetic development of international trade globally. However, room for more progressive participation in the WTO still exists, especially in developing countries.

Keywords: aggressive legalism; greater Asia; participation strategy (search for similar items in EconPapers)
Date: 2015
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DOI: 10.1515/ajle-2014-0006

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