China's Liberalisation of Legal Services Under the ChAFTA
China's Liberalisation of Legal Services Under the ChAFTA

Author: Weihuan Zhou

Publisher:

Published: 2017

Total Pages: 29

ISBN-13:

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This article explores China's commitments to liberalising legal services under the recently concluded China - Australia Free Trade Agreement (ChAFTA). While China's ChAFTA commitments extend beyond its commitments on legal services under the World Trade Organisation and under most of China's other FTAs, we argue that the degree of liberalisation under the ChAFTA has been over-stated. The ChAFTA does not create additional market access for Australian legal practices as it merely recognises the existing practice in the Chinese market and the same market access granted to Australia has been extended to all other foreign legal practices by initiatives launched in the Shanghai Free Trade Zone. Further, the ChAFTA fails to lift the major regulatory barriers to foreign legal practices in China. Consequently, Australian law firms will continue to compete with other foreign law firms in the same regulatory environment. China is likely to continue to unilaterally liberalise its legal services market via the free trade zones; but such liberalisation is likely to be applied to all foreign legal practices. Towards this end, the benefits that the ChAFTA would bring to Australian legal practices are likely to be two-fold: (1) increased business opportunities in cross-border transactions, and (2) strengthened confidence in doing business in China.

The China-Australia Free Trade Agreement
The China-Australia Free Trade Agreement

Author: Colin Picker

Publisher: Bloomsbury Publishing

Published: 2017-12-14

Total Pages: 379

ISBN-13: 1509915400

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This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China–Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.

The China-Australia Free Trade Agreement
The China-Australia Free Trade Agreement

Author: Colin Picker

Publisher: Bloomsbury Publishing

Published: 2017-12-14

Total Pages: 379

ISBN-13: 1509915397

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This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China–Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.

China’s Implementation of the Rulings of the World Trade Organization
China’s Implementation of the Rulings of the World Trade Organization

Author: Weihuan Zhou

Publisher: Bloomsbury Publishing

Published: 2019-10-03

Total Pages: 280

ISBN-13: 1509913564

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Amid the ongoing crisis surrounding the WTO, China's role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China's compliance with the rulings of the WTO's dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China's implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests. Overall, this book argues that the issues relating to the quality of China's compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China's record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the 'crown jewel' of the multilateral trading system.

Big Data and Global Trade Law
Big Data and Global Trade Law

Author: Mira Burri

Publisher: Cambridge University Press

Published: 2021-07-29

Total Pages: 407

ISBN-13: 110884359X

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An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

China's Influence on Non-Trade Concerns in International Economic Law
China's Influence on Non-Trade Concerns in International Economic Law

Author: Paolo Farah

Publisher: Taylor & Francis

Published: 2016-10-14

Total Pages: 585

ISBN-13: 1317167201

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This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.

China's International Investment Strategy
China's International Investment Strategy

Author: Julien Chaisse

Publisher: Oxford University Press

Published: 2019-02-07

Total Pages: 576

ISBN-13: 019256241X

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Since China adopted its 'open door' policy in 1978, which altered its development strategy from self-sufficiency to active participation in the world market, its goal has remained unchanged: to assist the readjustment of China's economy, to coordinate its modernization programs, and to improve its quality of life. With the 1997 launch of the 'Going Global' policy, an outward focus regarding foreign investment was added, to circumvent trade barriers and improve the competitiveness of Chinese firms. In order to accommodate inward and outward investment, China's participation in the international investment regime has underpinned its efforts to join multilateral investment-related legal instruments and conclude international investment agreements. This collection, compiled by award-winning scholar Professor Julien Chaisse, explores the three distinct tracks of China's investment policy and strategy: bilateral agreements including those with the US and the EU; regional agreements including the Free Trade Area of the Asia Pacific; and global initiatives, spear-headed by China's presidency of the G20 and its 'Belt and Road initiative'. The book's overarching topic is whether these three tracks compete with each other, or whether they complement one another - a question of profound importance for the country's political and economic future and world investment governance.

Fragmenting Globalization
Fragmenting Globalization

Author: Ka Zeng

Publisher: University of Michigan Press

Published: 2021-03-15

Total Pages: 321

ISBN-13: 047212837X

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Global supply chain integration is not only a rapidly growing feature of international trade, it is responsible for fundamentally changing trade policy at international and domestic levels. Given that final goods are produced with both domestic and foreign suppliers, Ka Zeng and Xiaojun Li argue that global supply chain integration pits firms and industries that are more heavily dependent on foreign supply chains against those that are less dependent on intermediate goods for domestic production. Hence, businesses whose supply chain would be disrupted as a result of increased trade barriers should lobby for preferential trade liberalization to maintain access to those foreign markets. Moreover, businesses whose products are used in the production of goods in foreign countries should also support preferential trade liberalization to compete with suppliers from other parts of the world. Fragmenting Globalization uses multiple methods, including time series, cross-sectional analysis of the pattern of Preferential Trade Alliance formation by existing World Trade Organization members, a firm-level survey, and case studies of the pattern of corporate support for regional trade liberalization in both China and the United States. Zeng and Li show that the growing fragmentation of global production, trade, and investment is altering trade policy away from the traditional divide between export-oriented and import-competing industries.

ASEAN Law in the New Regional Economic Order
ASEAN Law in the New Regional Economic Order

Author: Pasha L. Hsieh

Publisher: Cambridge University Press

Published: 2019-03-28

Total Pages: 451

ISBN-13: 1108424996

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This book provides a contextual analysis of ASEAN law and its impact on the business and commercial aspect of laws.

The Regulation of International Trade, Volume 3
The Regulation of International Trade, Volume 3

Author: Petros C. Mavroidis

Publisher: MIT Press

Published: 2020-11-24

Total Pages: 753

ISBN-13: 0262360616

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A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.