State Responsibility Attribution for Local Governments’ Abuse of Trade Remedy Measures: A Perspective from the WTO Framework

Abstract

Against the dual backdrop of the transformation of global trade patterns and the rise of trade protectionism, local governments of WTO members have abused trade remedy measures through concealed and differentiated means, which has become a core crux eroding the foundation of the multilateral trading system. Since the WTO dispute settlement mechanism designates the state as the sole subject of international legal liability, the attribution of state responsibility for local governments' actions faces three major dilemmas: difficulty in proving the "public body" attribute, weak connection in the liability attribution chain, and insufficient adaptation of rules to new scenarios. Based on typical cases such as DS379 and DS510, this paper takes the definition of the boundary of "substantive protection" as the logical starting point, systematically deconstructs the liability attribution element system including subject attribution, illegal act, and establishment of causation, refutes three core defenses, and proposes a three-dimensional solution path of "reconstruction of substantive control burden of proof - two-tier identification of new scenarios - supplementary coordination of international rules". The research reveals that clarifying the liability attribution logic of local governments' "public body" attribute not only fills the theoretical gap in regulating trade actions of non-central-level subjects but also provides compliance guidance for addressing hidden barriers in the era of digital and green trade. It holds crucial practical value for strengthening the binding force of WTO rules and curbing fragmented trade protectionism.