FRAMEWORK FOR MAKING AND ENFORCING POLICIES

V. FRAMEWORK FOR MAKING AND ENFORCING POLICIES

Powers of Executive, Legislative and Judiciary, Administration of Policies on WTO-related Issues

13. In response to requests for information, the representative of Chinese Taipei stated that the subject matter of international trade, including all matters covered by the WTO Agreements fell within the power of the government of the Separate Customs Territory. In the event that measures taken by local levels of government had an impact upon international trade, those measures became subject to regulation by the government of the Separate Customs Territory which could overrule or invalidate measures of local levels of government. By way of example, he noted that the procurement decisions of local levels of government were subject to the disciplines of the Government Procurement Law made by the government of the Separate Customs Territory. He further noted that a natural or juridical person whose rights and interests in a matter relating to issues covered by the WTO Agreements were impaired by an administrative action in Chinese Taipei was permitted to appeal such action. In cases of administrative action allegedly contrary to law, such appeal would be to the Administrative Court. In cases of an administrative action that was allegedly improper, but not illegal, an appeal committee, organised by a higher administrative level, drawn from government officials not involved in the enforcement of the matter at issue, experts from academia and other experts, would review the matter and recommend a correction to the administrative action.

14. Some members of the Working Party enquired whether international treaties were self-executing under the law of Chinese Taipei and sought a commitment that Chinese Taipei would bring its foreign trade laws and regulations into conformity with WTO provisions at the time of accession. In response, the representative of Chinese Taipei said that international treaties enter into force after being duly ratified and promulgated and would have the same force and effect as domestic laws.

15. The representative of Chinese Taipei confirmed that Chinese Taipei would fully implement its obligations under the WTO Agreement and its Draft Protocol of Accession upon accession to the WTO, unless specifically provided in this Report and Draft Protocol. Further, the government of the Separate Customs Territory would eliminate or nullify measures taken by local levels of government in Chinese Taipei that were inconsistent with WTO provisions from the date of accession. An illustrative list of the laws that would be amended as part of Chinese Taipei's implementation of its obligations is reproduced in Attachment D to this Report. The Working Party took note of this commitment.