CWR > Volume 4(1); 2018 > Insight
Report
Published online: March 1, 2018
DOI: http://dx.doi.org/10.14330/cwr.2018.4.1.11

Toward a Trade War between China and the United State? Section 301 Investigation against China

Jie Liu
Xiamen University Faculty of Law
Xiamen City, Fujian Province 361005 P.R. China
Corresponding Author: liujie0086@foxmail.com

ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract

The USTR has recently declared to initiate an investigation toward China under the Section 301 of the Trade Act of 1974 which seeks to determine whether measures China takes in regard to technology transfer, IP, and innovation are unreasonable or discriminatory. The investigation under Section 301 includes 'Section 301,' 'Super 301' and 'Special 301.'4 Such legal process does not rely upon international law, but American domestic law to initiate trade investigation against American trade partners. Thus, it has long been complained as a unilateral means based on American hegemony.

Keywords : USTR Investigation, Section 301, Super 301, Special 301

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