Pub Date : 2020-03-31DOI: 10.14330/cwr.2020.6.1.04
Pinguang Ying
With the growing concern of the international community about the negative spillover effects of SOEs on trade, reaching a consensus among different stakeholders has become increasingly urgent. This paper argues that strengthening a redefined competition policy is a feasible alternative, or at least a complementary option to the existing trade framework. The reasons are as follows: (a) surrounding SOEs is not only trade-related, but also competition-related; (b) the existing SOE disciplines have defects when it comes to dealing with competition distortion effects; and (c) characteristics of competition policy make it easier to reach a “maximum common divisor” among all parties. Accordingly, competition policy needs to be redefined and pursued from an international and domestic level. It is necessary to strengthen the fundamental position of competition policy in China by integrating it into SOE reform measures, advancing the implementation of the Fair Competition Review System, and promoting the construction of the competitive neutrality system.
{"title":"Taming SOEs within a Redefined Competition Policy Framework: An Alternative Approach for Consensus?","authors":"Pinguang Ying","doi":"10.14330/cwr.2020.6.1.04","DOIUrl":"https://doi.org/10.14330/cwr.2020.6.1.04","url":null,"abstract":"With the growing concern of the international community about the negative spillover effects of SOEs on trade, reaching a consensus among different stakeholders has become increasingly urgent. This paper argues that strengthening a redefined competition policy is a feasible alternative, or at least a complementary option to the existing trade framework. The reasons are as follows: (a) surrounding SOEs is not only trade-related, but also competition-related; (b) the existing SOE disciplines have defects when it comes to dealing with competition distortion effects; and (c) characteristics of competition policy make it easier to reach a “maximum common divisor” among all parties. Accordingly, competition policy needs to be redefined and pursued from an international and domestic level. It is necessary to strengthen the fundamental position of competition policy in China by integrating it into SOE reform measures, advancing the implementation of the Fair Competition Review System, and promoting the construction of the competitive neutrality system.","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43182649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-30DOI: 10.14330/cwr.2019.5.2.10
Fan Yang
{"title":"The Discourse with Chinese Characteristics: An CHEN on International Economic Law [中国特色话语：陈安论国际经济法学]","authors":"Fan Yang","doi":"10.14330/cwr.2019.5.2.10","DOIUrl":"https://doi.org/10.14330/cwr.2019.5.2.10","url":null,"abstract":"","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41372042","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-30DOI: 10.14330/cwr.2019.5.2.03
Zewei Yang
The Belt and Road Initiative (BRI) is a new model of international cooperation and new platform for global governance under contemporary international law. The Initiative will promote basic principles of international law, playing the mediating role of preventing disputes and resolving various risks in the process of establishing a new pattern of global governance. The Initiative is in line with the new trend of international cooperation and development in the 21st century, representing a new round of the process of reforming international political economy. It is a useful attempt to enhance China’s contribution to economic co-prosperity and political stability among the countries along the Belt and Road. This paper tries to understand the BRI under contemporary international law. Part two will discuss the status of the BRI. Part three will investigate the influence of the BRI. Part four will analyze the function of contemporary international law for co-building the Belt and Road.
{"title":"Understanding the Belt and Road Initiative under Contemporary International Law","authors":"Zewei Yang","doi":"10.14330/cwr.2019.5.2.03","DOIUrl":"https://doi.org/10.14330/cwr.2019.5.2.03","url":null,"abstract":"The Belt and Road Initiative (BRI) is a new model of international cooperation and new platform for global governance under contemporary international law. The Initiative will promote basic principles of international law, playing the mediating role of preventing disputes and resolving various risks in the process of establishing a new pattern of global governance. The Initiative is in line with the new trend of international cooperation and development in the 21st century, representing a new round of the process of reforming international political economy. It is a useful attempt to enhance China’s contribution to economic co-prosperity and political stability among the countries along the Belt and Road. This paper tries to understand the BRI under contemporary international law. Part two will discuss the status of the BRI. Part three will investigate the influence of the BRI. Part four will analyze the function of contemporary international law for co-building the Belt and Road.","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42583986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-30DOI: 10.14330/cwr.2019.5.2.07
Yingying Wu, . Law.J.S.D.
{"title":"The Influence of Sino-US Summit on Trade Negotiation: An Analysis of the 2019 G20 in Osaka","authors":"Yingying Wu, . Law.J.S.D.","doi":"10.14330/cwr.2019.5.2.07","DOIUrl":"https://doi.org/10.14330/cwr.2019.5.2.07","url":null,"abstract":"","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48594247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-30DOI: 10.14330/cwr.2019.5.2.09
S. Yun
{"title":"World Trade Organization Law Research Society of China Law Society (WTOLRS)","authors":"S. Yun","doi":"10.14330/cwr.2019.5.2.09","DOIUrl":"https://doi.org/10.14330/cwr.2019.5.2.09","url":null,"abstract":"","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43040988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-30DOI: 10.14330/cwr.2019.5.2.06
M. Adhikari, .. M.Ed., Zhitong Ma, Kabita Dahal
{"title":"Nepalese FDI Law and Policy with regard to the Belt and Road Initiative","authors":"M. Adhikari, .. M.Ed., Zhitong Ma, Kabita Dahal","doi":"10.14330/cwr.2019.5.2.06","DOIUrl":"https://doi.org/10.14330/cwr.2019.5.2.06","url":null,"abstract":"","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45566007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-30DOI: 10.14330/cwr.2019.5.2.08
Stuart S. Malawer
President Trump has, for the first time in the US trade history, aggressively redefined the US trade policy as a supporting actor in the US national security policy. His presidential actions have involved a broad array of legislation, such as trade sanctions and export controls. Most astonishing is that President Trump has imposed trade restrictions by relying upon unilateral findings of national security risks or the existence of national emergencies. We are now at a point where federal courts in the US have been asked to review the validity of presidential trade actions, specifically the central legality of the broad delegation of congressional trade authority over the last 75 years. I predict that the federal courts will uphold the separation of powers in the face of the outrageous and unprecedented onslaught of presidential tariff and trade actions by a president relying upon dubious claims of national security and national emergency.
{"title":"Trump, Trade and National Security: Will Federal Courts Rein in the President?","authors":"Stuart S. Malawer","doi":"10.14330/cwr.2019.5.2.08","DOIUrl":"https://doi.org/10.14330/cwr.2019.5.2.08","url":null,"abstract":"President Trump has, for the first time in the US trade history, aggressively redefined the US trade policy as a supporting actor in the US national security policy. His presidential actions have involved a broad array of legislation, such as trade sanctions and export controls. Most astonishing is that President Trump has imposed trade restrictions by relying upon unilateral findings of national security risks or the existence of national emergencies. We are now at a point where federal courts in the US have been asked to review the validity of presidential trade actions, specifically the central legality of the broad delegation of congressional trade authority over the last 75 years. I predict that the federal courts will uphold the separation of powers in the face of the outrageous and unprecedented onslaught of presidential tariff and trade actions by a president relying upon dubious claims of national security and national emergency.","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48623545","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-30DOI: 10.14330/cwr.2019.5.2.05
M. Zhao
{"title":"Analysis and Interpretation of the New Foreign Investment Law of the People’s Republic of China","authors":"M. Zhao","doi":"10.14330/cwr.2019.5.2.05","DOIUrl":"https://doi.org/10.14330/cwr.2019.5.2.05","url":null,"abstract":"","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49065095","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-30DOI: 10.14330/cwr.2019.5.2.02
Junqing Chao
Over the past decade, the backlash against investment arbitration has become worldwide and correspondingly the investment treaty reform has been undertaken at multiple levels. In this context, a multilateral investment agreement (“MIA”) has been called for as a global effort to address the global backlash. Arguably, the current condition for a MIA might be more favorable than before, as the interests of developed countries and developing countries have changed. After examining the need of a MIA for the global backlash, this paper attempts to explore China’s recent practice in this aspect, including that (1) China’s changing interest in outward foreign direct investment and investment treaty practice reflect the changing landscape of international investment law; (2) the 2016 G20 under China’s presidency achieved the Guiding Principles for Global Investment Policymaking; and (3) China has joined to work on a multilateral framework on investment facilitation at the WTO.
{"title":"Addressing the Global Backlash against Investment Arbitration? A Multilateral Investment Agreement and China","authors":"Junqing Chao","doi":"10.14330/cwr.2019.5.2.02","DOIUrl":"https://doi.org/10.14330/cwr.2019.5.2.02","url":null,"abstract":"Over the past decade, the backlash against investment arbitration has become worldwide and correspondingly the investment treaty reform has been undertaken at multiple levels. In this context, a multilateral investment agreement (“MIA”) has been called for as a global effort to address the global backlash. Arguably, the current condition for a MIA might be more favorable than before, as the interests of developed countries and developing countries have changed. After examining the need of a MIA for the global backlash, this paper attempts to explore China’s recent practice in this aspect, including that (1) China’s changing interest in outward foreign direct investment and investment treaty practice reflect the changing landscape of international investment law; (2) the 2016 G20 under China’s presidency achieved the Guiding Principles for Global Investment Policymaking; and (3) China has joined to work on a multilateral framework on investment facilitation at the WTO.","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42323367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-30DOI: 10.14330/cwr.2019.5.2.04
Chufeng Yuan
China’s Supervision Law is the legislation that governs China’s leading and fundamental approach to anti-corruption. Its main content includes the objective, guiding ideology, principle and leadership system of supervision work, the authority, formation and duties of the supervision committee, the supervision procedures, and the supervision of the supervisory organizations and supervisors. The Supervision Law embodies the characteristics of a combination of party rules and national laws. This power structure is completely different from the separation of powers in Western countries: it does not control power by checks and balances and civil rights. This raises concerns about “who will supervise the power of the Commission or a higher level of power,” “human rights protection” and “procedural issues.” The Supervision Law not only means significant changes in China’s anti-corruption legislation, but also those in China’s governance style, which will have a profound impact on China’s future political and legal aspects.
{"title":"China’s Anti-Corruption Legislation: A Review of the Supervision Law from the Perspective of Human Rights Protection","authors":"Chufeng Yuan","doi":"10.14330/cwr.2019.5.2.04","DOIUrl":"https://doi.org/10.14330/cwr.2019.5.2.04","url":null,"abstract":"China’s Supervision Law is the legislation that governs China’s leading and fundamental approach to anti-corruption. Its main content includes the objective, guiding ideology, principle and leadership system of supervision work, the authority, formation and duties of the supervision committee, the supervision procedures, and the supervision of the supervisory organizations and supervisors. The Supervision Law embodies the characteristics of a combination of party rules and national laws. This power structure is completely different from the separation of powers in Western countries: it does not control power by checks and balances and civil rights. This raises concerns about “who will supervise the power of the Commission or a higher level of power,” “human rights protection” and “procedural issues.” The Supervision Law not only means significant changes in China’s anti-corruption legislation, but also those in China’s governance style, which will have a profound impact on China’s future political and legal aspects.","PeriodicalId":40992,"journal":{"name":"China and WTO Review","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41619839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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