This book addresses the on-going process of financial restructuring and reform in post-WTO China from a legal perspective. Chapter 1 provides an overview of the impact of the WTO on Chinaand’s financial markets and financial law systems. Chapter 2 discusses reform of banking law and regulation in post-WTO China. Chapter 3 addresses the role of the central bank in Chinaand’s financial system, focusing on issues of independence and accountability of the Peopleand’s Banking of China (PBOC), Chinaand’s central bank. Chapter 4 analyses Chinaand’s compliance with WTO obligations in the area of banking. Chapter 5 discusses the role of asset management companies (AMCs) in Chinaand’s on-going banking restructuring and liberalization. Chapter 6 analyses the development of securities markets in China, the challenges being faced and the impact of the WTO. Chapter 7 describes insurance and its development in China, focusing on the role of the WTO in liberalization. A new topic in China, i.e., financial conglomerates, is discussed in chapter 8, building upon the discussions in the previous chapters. Chapter 9 in turn studies the issue of financial institution insolvency and restructuring as noted in previous chapters, key issues in China. Chapter 10 discusses the double impact of the WTO and one of Chinaand’s regional trade agreements, CEPA, on Chinaand’s banking law.
China's historic accession to the World Trade Organization (WTO) in November 2001 not only represents an important milestone in the country’s transition to a market economy and integration into the global economy, but is also among the most important events in the history of the WTO and the multilateral trading system. China and Global Trade Governance: China's First Decade in the World Trade Organization provides us with some fresh empirical data to assess the country’s behaviour in the liberal international economic regime. Such an assessment is both timely and necessary as it can help us better understand China’s role in the evolving structure of global economic governance, in addition to shedding light on the broader debate about the implications of the rise of China for the international system. Through a thorough examination of China’s WTO compliance record and its experience in multilateral trade negotiations, this book seeks to better understand the sources of constraints on China’s behaviour in the multilateral trade institution as well as the country’s influence on the efficacy of the World Trade Organization. In doing so, this project speaks directly to the following questions raised by China’s unprecedented ascent in the international system: Is China a rule maker, rule follower, or rule breaker in international regimes? Is Beijing a responsible stakeholder capable of making positive contributions to global trade governance in the long-term?
China’s emerging financial markets reflect the usual contrast between the country’s measured approach toward policy, regulatory, and market reform, and the dynamic pace of rapid economic growth and development. But they also offer unusual challenges and opportunities. In the past five years, the pace of opening and reform has accelerated sharply. Recapitalization and partial privatization of the largest banks, and the allowance of some joint venture and branch operations for foreign financial institutions, are making rapid headway in developing and expanding financial services and improving access to domestic business and households. This book provides the most extensive look available at the evolving Chinese financial system. It begins with alternative perspectives on the evolution of the financial system and the broad outlines of its prospects and potential contribution to economic growth. Three articles review broad aspects of the financial system. Franklin Allen, Jun ‘‘QJ’’ Qian, Meijun Qian, and Mengxin Zhao lead off with overviews of the banking system and performance of the equity market and other institutions.
How will China reform its economy as it aspires to become the next economic superpower? It's clear that China is the world's next economic superpower. But what isn't so clear is how China will get there by the middle of this century. It now faces tremendous challenges such as fostering innovation, dealing with ageing problem and coping with a less accommodative global environment. In this book, economists from China's leading university and America's best-known think tank offer in depth analyses of these challenges. Does China have enough talent and right policy and institutional mix to transit from input-driven to innovation-driven economy? What does ageing mean, in terms of labor supply, consumption demand and social welfare expenditure? Can China contain the environmental and climate change risks? How should the financial system be transformed in order to continuously support economic growth and keep financial risks under control? What fiscal reforms are required in order to balance between economic efficiency and social harmony? What roles should the state-owned enterprises play in the future Chinese economy? In addition, how will technological competition between the United States and China affect each country's development? Will the Chinese yuan emerge as a major reserve currency, and would this destabilize the international financial system? What will be China's role in the international economic institutions? And will the United States and other established powers accept a growing role for China and the rest of the developing world in the governance of global institutions such as the World Trade Organization and the International Monetary Fund, or will the world devolve into competing blocs? This book provides unique insights into independent analyses and policy recommendations by a group of top Chinese and American scholars. Whether China succeeds or fails in economic reform will have a large impact, not just on China's development, but also on stability and prosperity for the whole world.
This book provides an analysis of the Chinese economy in the context of globalization after China's admission to the WTO. In four parts it addresses globalization, privatization, fiscal policy and financial development. In depth analysis is also given to international trade, industrial development as well as economic performance and the labour market. The Chinese Economy after WTO Accession is a comprehensive study supported by recent data and quantitative analysis. It provides a solid basis for better understanding the possible future directions of China's economy. This volume is an indispensable source for scholars and students alike.
Standing apart from the swollen stream of writing dealing with financial crises, this much-needed book makes a legal case for enforcement of legal accountability for financial crises and for providing justice for the inestimable and untold human suffering caused by Washington and Wall Street. The extraordinarily detailed analysis comes with the authority of a widely experienced and internationally respected banking and finance lawyer. The book’s driving forces may be summarized as follows: it establishes that persistent and progressive money debasement is at the heart of all serious systemic financial crises; it establishes that the crisis in 2008 was not only simply immoral or wrong but also illegal, the result of intentional violation of the foundational legal requirements of honest, safe, and sound money and banking; it establishes that Washington and Wall Street have intentionally manipulated asset values and liquidity characteristics through proliferation of ineffective banking law and regulation magnified by the rise of structured finance and shadow banking. Basing its analysis on numerous case studies and illustrations, this book enables readers to untangle the web of false narratives wrought by Washington and Wall Street to obscure and misdirect any clear understanding of how fundamental civil, legal and constitutional rights are undermined. Designed to empower readers to effect meaningful legal action against money manipulation and debasement for the benefit of financial elites, this book is essential reading for banking lawyers, bankers, securities firms, lobbyists, government regulators and supervisory institutions. It is also sure to be welcomed by academics in finance and securities law.
While hedge funds have been part and parcel of the global asset management landscape for well over fifty years, it is only relatively recently that they came to prominence as one of the fastest growing and most vigorous sub-sectors of the financial services industry. Despite their growing significance for global and European financial markets, hedge funds continue enjoying a sui generis regulatory status. The ongoing credit crisis and its lessons for the wisdom of unregulated or loosely regulated pockets of financial activity raise, with renewed urgency, the issue of deciding how long for the relative regulatory immunity of hedge funds is to be tolerated in the name of financial innovation. This well-thought-out book, the first of its kind in this particular field, examines the case for the European onshore hedge fund industry’s regulation, making concrete proposals for its normative future. Following a detailed account of the ‘established’ regulatory systems in Ireland and Luxembourg, as well as of the ‘emerging’ hedge fund jurisdictions in Italy, France, Spain and Germany, and of the regulatory treatment of hedge funds in the UK, this book examines to what extent the continuing exclusion of hedge funds from harmonized European regulation is defensible, whether their differences to traditional asset management products justify their distinct regulatory treatment and, ultimately, if their EU-wide regulation is possible and, if so, what form this should take. This book offers enormously valuable insights into all facets of the subject of the regulation of hedge funds, including: the legitimacy of the public policy interest in their activities; the conceptual underpinnings and systemic stability emphasis of a realistic hedge fund regulatory scheme; the main parameters of a workable onshore hedge fund regulatory framework; the role of investor protection and market integrity as part of a holistic hedge fund regulatory scheme; the possible use of the UCITS framework as a foundation for the EU-wide regulation of hedge funds; the MiFID’s impact on the regulatory future of the European hedge fund industry; existing cross-jurisdictional differences and similarities in the normative treatment of hedge funds within the EU; hitherto initiatives and recommendations of the Community institutions and bodies; and the need for more efficient co-operation and information-sharing arrangements amongst national supervisors for the monitoring of the cross-border risks inherent in the activities of hedge funds. As the first ever comprehensive account of the profile, main features and normative future of the contemporary global and European hedge fund markets – including a systematic inquiry into the conceptual underpinnings of hedge fund regulation and a detailed examination of the European hedge fund industry’s treatment under Community and domestic law – this book represents a major contribution to the literature on hedge funds and their regulation which, through its concrete proposals for the onshore industry’s regulation and its clear analysis of the conditions necessary for their implementation, should be of extraordinary value to policymakers, supervisors and academics alike.
