Digital Commons Network^™

Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli

Research Collection Yong Pung How School Of Law

In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU’s requests to claw-back names that were not previously protected in Canada, …

Free Trade Agreements: Singapore Legal Developments, Locknie Hsu

Research Collection Yong Pung How School Of Law

Singapore has entered into a number of bilateral Free Trade Agreements (FTAs) with its trading partners. These FTAs vary in scope and commitments. As a result, Singapore’s legal environment and laws have seen some changes. Many of these changes would interest those who do business with or invest in Singapore. While this section does not attempt to provide comprehensive information on all changes resulting from treaty commitments, it highlights salient changes for those trading or investing in Singapore. The developments highlighted here include changes made to Singapore legislation, as well as legal commitments made by Singapore as a result of …

Liberalizing Trade In Legal Services Under Asia-Pacific Ftas: The Asean Case, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The article examines the liberalization of trade in legal services in the Association of the Southeast Asian Nations (ASEAN) and its reform prospects to meet the challenges of multi-jurisdictional practice. It argues that while the ten-country bloc pledges to progressively liberalize the legal sector, ASEAN commitments under free trade agreements (FTAs) constitute merely ‘paper commitments’. To achieve the goal of the ASEAN Economic Community to form a single market and production base, a feasible, incremental roadmap is imperative to integrate the legal services market. The article first analyzes the economic impact of foreign law firms on ASEAN’s legal capacity building …

Sovereign Wealth Funds: Investors In Search Of An Identity In The 21st Century, Locknie Hsu

Research Collection Yong Pung How School Of Law

Sovereign Wealth Funds (SWFs), as they have come to be known, are a hybrid type of foreign investor. They invest beyond their own borders with an aim to maximize returns as a foreign investor is expected to. At the same time, they are closely associated with governments, by ownership, source of funding, and/or investment objectives. Even as within this group, individual SWFs take various forms and may have divergent investment priorities and risk approaches. There is not even a universal definition of SWFs. As a result, they are often not viewed as typical foreign investors. The association of a SWF …

Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu

Research Collection Yong Pung How School Of Law

Regulatory issues relating to public health are a source of tensions in recent trade and investment negotiations, treaties and disputes. Issues arising from the intersection between public health regulation and trade and investment treaties have given Asian states pause for thought. They have led to a critical need to confront the scope and meaning of legal obligations vis-a-vis public health and regulatory objectives, and their implications for stakeholder interests. The intersection and resulting tensions have already led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The …

Trade And Investment Dispute Settlement Mechanisms In Asean: The Evolving Landscape And Major Developments, Locknie Hsu

Research Collection Yong Pung How School Of Law

The ASEAN landscape on trade and investment dispute mechanisms has been changing significantly over the last 15 years. Such changes have come about partly due to preparations for establishment of the ASEAN Economic Community (AEC) in 2015. An example is the coming into force on 29 March 2012 of the landmark ASEAN Comprehensive Investment Agreement (ACIA), a region-wide treaty in which ASEAN member States have committed to a number of significant investment obligations and dispute settlement mechanisms. Other developments have arisen from the signing of trade and investment agreements between ASEAN and its major trade partners, namely, Australia, New Zealand, …

Linking Trade And Security: Evolving Institutions And Strategies In Asia, Europe, And The United States By Vinod K. Aggarwal And Kristi Govella, Henry S. Gao

Research Collection Yong Pung How School Of Law

Trade and security, while seemingly unrelated, have had a long and complicated relationship. On the one hand, trade has often been used as a means to enhance the security of the state. For example, the famous Silk Road was created and maintained by the Han Dynasty to seek allies to help defend itself against the Huns. On the other hand, security has been deemed as an important safeguard to trade, as is shown by the prevalence of the ‘Gunboat Diplomacy’ in the nineteenth century

International Standards In Flux: A Balkanized Ict Standard-Setting Paradigm And Its Implications For The Wto, Han-Wei Liu

Research Collection Yong Pung How School Of Law

Voluminous studies have documented the rise of international standards and their ramifications for the World Trade Organization (WTO), though most of these studies have focused on environment, food safety, public health, and financial regulations issues. An equally important, yet less explored, area is the information and communications technology (ICT) industry. This article seeks to contribute to the literature by examining the concept of an international standard in the ICT industry and its implications for the WTO.Drawing upon empirical data, this article makes four claims. First, today, the WTO policymakers are facing a ‘balkanized’ standard-setting paradigm in the ICT sector. Global …

The Agreement On Trade Facilitation And Its Implications: An Interpretative Perspective, Heng Wang

Research Collection Yong Pung How School Of Law

As a highly compromising and flexible agreement, the Agreement on Trade Facilitation (hereinafter “TFA” or “the agreement”) may shed light on the future direction of the world trade regime. Going beyond the tariffs and border, the agreement is featured with good governance requirements. Its delicate relationship with free trade agreements (hereinafter “FTAs”), the domestic law, and existing World Trade Organization (hereinafter “WTO”) agreements deserves attention and carries important implications. What is the relationship between of the TFA and non-WTO rules? How do existing WTO agreements apply to the TFA explicitly or implicitly? What is the interpretative challenge? In addressing these …

Reassessing Apec's Role As A Trans-Regional Economic Architecture: Legal And Policy Dimensions, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article examines the two-decade evolution of the Asia-Pacific Economic Cooperation (APEC) and the future prospects for Asian regionalism. It argues that while APEC retains advantages over competing regional structures, it should undergo reforms to accelerate the Bogor Goals and ensure its complementarity with the World Trade Organization (WTO). The article first analyzes the impact of stake-holding countries’ trade policies on APEC’s structure and development. By assessing APEC’s soft-law mechanism, it explores APEC’s WTO-plus contributions that reinvigorated the International Technology Agreement negotiations and improved supply chain facilitation. APEC’s goal of creating a Free Trade Area of the Asia-Pacific (FTAAP) can …

Inward Fdi In Singapore And Its Policy Context, Locknie Hsu

Research Collection Yong Pung How School Of Law

Inward foreign direct investment (IFDI) has long been an important feature of the Singapore economy, and Singapore remains an attractive host to FDI. Apart from a brief decline in 2002, FDI inflows have generally been strong in the decade 2000-2010. They reached a peak in 2007 at US$ 37 billion, just before the global financial and economic crisis of 2008-2009. In 2008, inflows declined sharply to US$ 8.6 billion, before rapidly rebounding to reach US$ 38 billion in 2010. Singapore has moved from an economy primarily involved in manufacturing consumer goods in labor-intensive industries in the 1960s, to one producing …

The Interpretation Of Gats Disciplines On Economic Integration: Gats Commitments As A Threshold?, Heng Wang

Research Collection Yong Pung How School Of Law

The interpretation of GATS Article V, which deals with economic integration, is of crucial importance to the growing number of economic integration agreements (EIAs) in services, in terms of dispute settlement, services negotiations, the WTO review of EIAs, the coordination between multilateralism and EIAs, and best practices in drawing up EIAs. However, the Article has received insufficient study and remains vague.This paper takes China's eight EIAs as test cases for interpreting GATS Article V and argues that GATS commitments may be an appropriate threshold for interpreting the Article, in particular the substantial sectoral coverage and elimination of discrimination requirements, which …

De La Périphérie Au Centre: La Participation De La Chine Aux Négociations Omc, Henry S. Gao

Research Collection Yong Pung How School Of Law

En novembre 2001, la Chine entrait finalement à l’Organisation mondiale du commerce après un marathon de 15 ans de négociations pour son accession. Comme son accession correspondait au lancement du cycle de Doha, de nombreux commentateurs ont estimé que la participation de la Chine aux négociations commerciales aurait un impact significatif sur le cycle. Cependant, cela ne s’est pas produit. Quelles ont été les approches adoptées par la Chine dans les négociations commerciales internationales ? Pourquoi la Chine a-t-elle adopté ces approches ? Comment ont-elles affecté la dynamique des négociations commerciales ? Voici les questions traitées dans cet article qui …

From The Periphery To The Centre: China's Participation In Wto Negotiations, Henry S. Gao

Research Collection Yong Pung How School Of Law

In November 2001, China finally acceded to the World Trade Organization after a marathon accession negotiation that lasted 15 years. As China's accession coincided with the launch of the Doha Round, many commentators predicted that China's participation in the trade negotiations would have significant impacts on the Round. However, this has not proven to be the case. What have been the approaches taken by China in global trade negotiations? Why did China adopt these approaches? How did China's different negotiating approaches affect the dynamics of trade negotiations? These are the questions addressed in this article. The paper argues that China …

The Roadmap For A Prospective Us-Asean Fta: Legal And Geopolitical Considerations, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article examines the legal framework governing economic relations between the United States and the Association of Southeast Asian Nations (ASEAN) and outlines a roadmap for a US-ASEAN Free Trade Agreement (FTA). Notwithstanding ASEAN’s emerging centrality in Asian regionalism, America remains the only Pacific power that has not concluded any form of FTA with ASEAN.This article explains that limited progress in Washington’s efforts stemmed from the domestic politics of the US Trade and Investment Framework Agreement (TIFA) approach and the Myanmar dilemma. It further analyses the challenges that the Trans-Pacific Partnership (TPP) Agreement negotiations have encountered and contends that the …

International Trade Regulation And The Mitigation Of Climate Change: World Trade Forum, Edited By Thomas Cottier, Olga Nartova And Sadeq Z. Bigdeli, Henry S. Gao

Research Collection Yong Pung How School Of Law

Now in its thirteenth year, the World Trade Forum (WTF) has firmly established itself as one of the leading events for the trade law community. Held annually in the quiet town of Bern, Switzerland, the Forum features presentations by leading trade lawyers, economists, diplomats, and political scientists from all around the globe.

Elephants In The Room: Challenges Of Integrating China Into The Wto System, Henry S. Gao

Research Collection Yong Pung How School Of Law

Since China’s accession to the WTO in late 2001, one of the most intriguing questions for trade analysts has been whether the “new kid on the block” would seek to disrupt the status quo in the WTO upon its entry. This paper answers the question by reviewing China’s participation in two key activities of the WTO, i.e., trade negotiations and dispute settlement, as well as another important component of global trade governance: regional trade agreements (RTAs). Drawing from an in-depth study of China’s record in these activities, the author argues that, overall, China has transformed from a passive “taker” of …

The China-Taiwan Ecfa, Geopolitical Dimensions And Wto Law, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article examines legal and geopolitical aspects of the China-Taiwan Economic Cooperation Framework Agreement (ECFA). It begins by analyzing areas in which the two governments’ measures contravene rules of the World Trade Organization (WTO). In particular, it provides the first detailed examination of the significant implications emerging from the ECFA for cross-straits trade relations and East Asian regionalism. The article also explains how the ECFA was modeled on free trade agreements (FTAs) of the Association of Southeast Asian Nations and assesses the impact of the ECFA’s early harvest program. Finally, the article discusses the ECFA’s consistency with WTO requirements for …

China's Development Of International Economic Law And Wto Legal Capacity Building, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article examines legal and institutional aspects of the evolution of China’s approach to the dispute settlement mechanism of the World Trade Organization (WTO). It begins by analyzing the impact of China’s changing attitude toward international law on the escalation of international economic law research. In particular, the article provides the first detailed examination of China’s efforts to strengthen public–private cooperation in building its WTO legal capacity. China established think tanks to bridge the information and communication gaps between the government and industries. To develop its WTO lawyers, the Chinese government has consistently required international law firms to collaborate with …

China On The World Stage: A Trade Law Perspective, Henry S. Gao

Research Collection Yong Pung How School Of Law

Before China's accession to the WTO, many observers predicted that the inclusion of the emerging trade power will change the pre-existing power structure in the multilateral trading system. Some even went as far as suggesting that China will become the leader of developing countries in the crusade against developed countries, which have dominated the organization during most of the history of the GATT/WTO. Now that China has been in the WTO for almost nine years, has it really emerged as the leader of developing countries as predicted? In this short essay, I will argue that while China has seen itself …

Taking Justice Into Your Own Hand: The Tbi Mechanism In China, Henry Gao

Research Collection Yong Pung How School Of Law

To protect the trade interests of their firms in foreign markets, several countries have established various institutional arrangements. For example, the United States has the section 301 procedure, while the EU has the Trade Barrier Regulation (TBR). Learning from their experiences, China also established its own Foreign Trade Barrier Investigation (TBI) mechanism in 2002. This article starts with a discussion on the background for its establishment as well as the substantive and procedural requirements for investigations under TBI. In the next part, the article discusses how TBI has worked in practice by reviewing the Japan – Quantitative Restrictions on Laver …

An Entity Sui Generis In The Wto: Taiwan's Wto Membership And Its Trade Law Regime, Han-Wei Liu

Research Collection Yong Pung How School Of Law

As one of the founding members of the General Agreement on Tariffs and Trade (GATT), Taiwan (the Republic of China or ROC) - the 17th largest economy, was granted accession to the World Trade Organization (WTO) in November 2001 after its observer status of eleven years. Taiwan, classified by most commentators as an "unrecognized state" or an "entity sui generis", has been excluded from most of the major international organizations. Taiwan's accession to the WTO, therefore, is considered to be an important breakthrough in diplomacy for the past decades. Notwithstanding its WTO membership, the Taiwanese Government has employed numerous trade …

China’S Strategy For Free Trade Agreements: Political Battle In The Name Of Trade, Shuchao Henry Gao

Research Collection Yong Pung How School Of Law

Compared with Europe and America, East Asia is a latecomer in the new gold-rush of Free Trade Agreements (FTAs). In this process, China has played a significant role. This is not only due to the growing economic clout of China, but also because China has taken a conscious strategy to push for economic integration in the region. Thus, for the benefits of the countries in the region, it is very important to understand China’s FTA strategy. This article starts with the evolving picture of China’s FTA web, then discusses the key components of China’s FTA strategy, and concludes by noting …

The Trans-Pacific Strategic Economic Partnership Agreement: High Standard Or Missed Opportunity?, Shuchao Henry Gao

Research Collection Yong Pung How School Of Law

When the Trans-Pacific Strategic Economic Partnership Agreement (P4 Agreement) was signed in 2005, it was hailed as a “high-standard” agreement that could serve as a model within the Asia-Pacific region and attract other countries in the region to join as members. This claim seems to have received support from recent events, such as the launch of the accession negotiation by the US and the expression of interests from Australia, Peru and Vietnam.

This article provides a critical analysis on whether the P4 Agreement is a “high-standard” agreement as its members have claimed. In the view of the author, the P4 …

China-United States Trade Negotiations And Disputes: The Wto And Beyond, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article examines trade negotiations and disputes between China and the United States. It begins by ascertaining the unique political aspects of China-U.S. bilateral economic ties and explains the historical background underlying the relations. The article then argues that trade frictions between China and the United States are unlikely to repeat the Depression-era trade wars. The article observes that both the Chinese and U.S. governments are aware that the adoption of WTO-inconsistent measures may result in retaliatory actions from the other side. Hence, the two governments have attempted to resolve potential disputes through high-level official talks. Even when certain issues …

Saving The Wto From The Risk Of Irrelevance: The Wto Dispute Settlement Mechanism As A ‘Common Good’ For Rta Disputes, Henry Gao, Chin Leng Lim

Research Collection Yong Pung How School Of Law

Over the past few decades, Regional Trade Agreements (RTAs) have proliferated globally. Such proliferation of RTAs created a renewed sense of urgency for the WTO to take action in order to avoid the fate of being eclipsed into irrelevance. There are several options for coping with the challenge. Theoretically speaking, the best approach would be to heighten the level of ambition in global trade talks to reduce all trade barriers to zero so that the discriminatory effect created by RTAs could be reduced or even eliminated. In reality, such an approach would be impossible for well-known reasons. The next best …

The Asean Charter As "Legs To Go Places": Ideational Norms And Pragmatic Legalism In Community Building In Southeast Asia, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The Charter of the Association of Southeast Asian Nations (ASEAN) has been hailed as a legal instrument that would integrate the ten constituent members as a community and a regional organization. Ostensibly, the Charter has three strategic thrusts in support of the vision of the ASEAN Community. The first is to formalize ASEAN as an institution while streamlining its decision-making processes. Secondly, the Charter seeks to strengthen ASEAN institutions. Thirdly, it seeks to establish mechanisms to monitor compliance and settle disputes. The article considers the extent to which the Charter will help ASEAN achieve its aims. This is especially pertinent …

Taming The Dragon: China's Experience In The Wto Dispute Settlement System, Henry Gao

Research Collection Yong Pung How School Of Law

To many observers, a major challenge raised by China's accession to the WTO is whether the WTO dispute settlement system could cope with China, one of the major traders in the world with an economy that is halfway between a planned economy and a market economy. In this article, the author tries to answer this question by reviewing China's experience in the WTO dispute settlement system. Historically, the senior leadership in China attached disproportionate importance to the WTO dispute settlement system and preferred to avoid using the system. Thus, in the first four cases in which China was sued or …

The Bid Challenge Procedures Under The Wto Government Procurement Agreement: A Critical Study Of The Hong Kong Experience, Henry Gao

Research Collection Yong Pung How School Of Law

While there has been an extensive literature on the challenge procedure of the WTO Government Procurement Agreement (GPA) in general, as well as excellent country studies on the operation of the national challenge procedures of several key GPA Members, no such study has been conducted for Hong Kong yet. In the view of the author, even though Hong Kong has a relatively small procurement market, it combines the features of a clean and effective government and a highly internationalised procurement market, and thus makes an interesting subject of study. In this article, the author examines the efforts made by the …

China's Participation In The Wto: A Lawyer's Perspective, Henry Gao

Research Collection Yong Pung How School Of Law

On 10 November 2001, China finally acceded to the World Trade Organization (WTO) after a marathon negotiation spanning 15 years. China's membership in the WTO raises interesting questions for both the WTO and China. For the WTO, the question is how to deal with China?a huge country of growing importance as a major global exporter and importer but is still in economic transition. For China, the question is how to implement the numerous obligations in the WTO accession package. This paper sets out by reviewing China's experience in the General Agreement on Tariffs and Trade (GATT) and the WTO. It …