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Challenges In Designing Public Procurement Linkages: The Case Study Of Smes Preference In China’S Government Procurement, Jianlin Chen
Challenges In Designing Public Procurement Linkages: The Case Study Of Smes Preference In China’S Government Procurement, Jianlin Chen
Jianlin Chen
Preferential treatment in government procurement, also known as procurement linkages, is a con-troversial yet popular tool to achieve socio-economic goals, most importantly, affirmative action for certain targeted groups. This Article utilizes the recently enacted small-medium enterprise (“SME”) procurement linkages in China to examine the pitfalls in the design of procurement linkages. Two major deficiencies of the Chinese regime impede effective implementation of procurement linkages. First, loopholes in the Chinese regulatory regime allow large enterprises to usurp the benefits meant for SMEs through the use of wholly owned subsidiaries and other corporate arrangements. Second, aggrieved suppliers face stringent procedural requirements and …
Property Rights Arrangement In Emerging Natural Resources: A Case Study Of China’S Nationalization Of Wind And Sunlight, Jianlin Chen, Jiongzhe Cui
Property Rights Arrangement In Emerging Natural Resources: A Case Study Of China’S Nationalization Of Wind And Sunlight, Jianlin Chen, Jiongzhe Cui
Jianlin Chen
The passage of the Heilongjiang Province Regulation on Climate Resources Survey and Protection (the “Regulation”) that regulates wind and solar energy generation sparked a public furor because it contains a provision that stipulates, “climate resources are owned by the state.” As a case study of this regulatory attempt to manage emerging natural resources, this Article makes the following three arguments. First, the “nationalization” provision in the Regulation is legally compatible with Chinese law that conceives of public property as state-owned property and not as property that requires public access. Second, a clear designation of the state as the manager of …