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Articles 1 - 12 of 12
Full-Text Articles in Law
Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh
Against Populist Isolationism: New Asian Regionalism And Global South Powers In International Economic Law, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article provides the most up-to-date examination of the Regional Comprehensive Economic Partnership (RCEP), which is poised to become the world’s largest free trade agreement (FTA). It argues that the 16-country mega-FTA will galvanize the paradigm shift in Asian regionalism and build a normative foundation for the Global South in international economic law. Based on intertwined theoretical and substantive claims, this article opens an inquiry into the assertive legalism of developing nations in the new regional economic order. It further manifests the pivotal force of emerging economies against populist isolationism in the Trump era that undermines the neoliberal foundation of …
The Impact Of The China-Australia Free Trade Agreement On Australia's Education Exports To China: A Legal And Economic Assessment, Junfang Xi, Weihuan Zhou, Heng Wang
The Impact Of The China-Australia Free Trade Agreement On Australia's Education Exports To China: A Legal And Economic Assessment, Junfang Xi, Weihuan Zhou, Heng Wang
Research Collection Yong Pung How School Of Law
As a landmark achievement in the development of the China-Australia bilateral economic relations, the China-Australia Free Trade Agreement (“ChAFTA”) achieves a higher level of liberalisation in education services compared with China's commitments under the World Trade Organisation and its other free trade agreements. However, the ChAFTA fails to relax the major regulatory barriers in China, which will remain the key obstacles to Australia's education services exports to China. Through a preliminary study and a regression analysis of the impacts of the ChAFTA on Australia's education exports to China based on available data, we show that the ChAFTA did not play …
Dictum On Dicta: Obiter Dicta In Wto Disputes, Henry S. Gao
Dictum On Dicta: Obiter Dicta In Wto Disputes, Henry S. Gao
Research Collection Yong Pung How School Of Law
This paper discusses an important legal issue raised by the United States in its recent attempt to block the reappointment of an Appellate Body member. According to the US, in some of his decisions, the member has made overreaching findings that amount to obiter dicta. As obiter dictum is a unique concept in the Common Law system, the US argument may only stand if the concept may be found in the WTO legal system as well. With a careful analysis of the concept of dicta in Common Law and a close examination of the effects of past panel and Appellate …
How May China Respond To The U.S. Trade Approach? Retaliatory, Inclusive And Regulatory Responses, Heng Wang
How May China Respond To The U.S. Trade Approach? Retaliatory, Inclusive And Regulatory Responses, Heng Wang
Research Collection Yong Pung How School Of Law
This paper endeavours to conceptualize and provide an analytical framework for China’s response to U.S. trade policy. It analyses the following questions: what is the new U.S. trade approach? How might China respond to the United States’ trade approach? What are the trend and implications of China’s response to the U.S. trade approach? It argues, first, that the U.S. trade approach has not changed regarding most of the U.S.-style regulatory disciplines. However, it has changed in terms of the shift toward managed trade, unilateralism and trade enforcement. Second, China will likely adopt a three-track approach: consisting of retaliatory, inclusive and …
Regulation Of Digital Trade In Us Free Trade Agreements: From Trade Regulation To Digital Regulation, Henry S. Gao
Regulation Of Digital Trade In Us Free Trade Agreements: From Trade Regulation To Digital Regulation, Henry S. Gao
Research Collection Yong Pung How School Of Law
This article reviews the evolution of rules on digital trade in US Free Trade Agreements (US FTAs), and argues that the US approach has shifted from treating it largely as a traditional trade issue to recognizing its unique digital nature and tailoring the rules accordingly, as it has done in the Trans-Pacific Partnership (TPP) Agreement. The article begins with a review of the efforts to regulate e-commerce in the WTO, as well as the achievements of the pre-TPP US FTAs so far, followed by a critical appraisal of the strengths and weaknesses of the e-commerce chapter in the TPP. It …
Regulation Of Digital Trade In Us Free Trade Agreements: From Trade Regulation To Digital Regulation, Henry S. Gao
Regulation Of Digital Trade In Us Free Trade Agreements: From Trade Regulation To Digital Regulation, Henry S. Gao
Research Collection Yong Pung How School Of Law
This article reviews the evolution of rules on digital trade in US Free Trade Agreements (US FTAs), and argues that the US approach has shifted from treating it largely as a traditional trade issue to recognizing its unique digital nature and tailoring the rules accordingly, as it has done in the Trans-Pacific Partnership (TPP) Agreement. The article begins with a review of the efforts to regulate e-commerce in the WTO, as well as the achievements of the pre-TPP US FTAs so far, followed by a critical appraisal of the strengths and weaknesses of the e-commerce chapter in the TPP. It …
The Wto Transparency Obligations And China, Henry S. Gao
The Wto Transparency Obligations And China, Henry S. Gao
Research Collection Yong Pung How School Of Law
When it acceded to the WTO in 2001, China accepted comprehensive transparency obligations as well as substantive commitments covering both market access and rules issues. Initially designed to deal with its opaque trade law regime, the transparency obligations were also expected to help democratize the legislative process and promote the development of the rule of law in China. Now that more than 15 years have passed, an important question is: have the transparency obligations delivered on their original promise? This article answers the question by reviewing how the transparency obligations have worked in practice. It notes that, while transparency has …
The Wto Transparency Obligations And China, Henry S. Gao
The Wto Transparency Obligations And China, Henry S. Gao
Research Collection Yong Pung How School Of Law
When it acceded to the WTO in 2001, China accepted comprehensive transparency obligations as well as substantive commitments covering both market access and rules issues. Initially designed to deal with its opaque trade law regime, the transparency obligations were also expected to help democratize the legislative process and promote the development of the rule of law in China. Now that more than 15 years have passed, an important question is: have the transparency obligations delivered on their original promise? This article answers the question by reviewing how the transparency obligations have worked in practice. It notes that, while transparency has …
Independence And Impartiality Of Arbitrators: A Rule Of Law Analysis, Stefanie Schacherer
Independence And Impartiality Of Arbitrators: A Rule Of Law Analysis, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
Investor-State dispute settlement (ISDS) through arbitration remains in a state of legitimacy crisis and discussions on reform are ongoing. Much of the criticism is focussed on who is deciding investment dispute cases. Investment arbitrators have been called “private judges” who operate in secrecy, are biased in favour of big multinational companies and have no regard for conflicts of interest. The course of the negotiations on the Transatlantic Trade and Investment Partnership between the European Union (EU) and the United States, highlighted to what extent ISDS through arbitration is perceived as unfair and biased (at least in Europe). As a reaction …
An Assessment Of The Chafta And Its Implications: A Work-In-Progress Type Fta With Selective Innovations, Heng Wang
Research Collection Yong Pung How School Of Law
This chapter explores two questions of the recent China-Australia FTA (ChAFTA): what is the approach of the ChAFTA? What are the challenges to the ChAFTA? It argues first that the ChAFTA adopts a problem-solving approach to harvest “low-hanging fruit” (e.g. tariff cuts). Containing WTO-based and WTO-friendly rules, it focuses on trade and investment facilitation through market liberalization and carefully written good governance norms. In spite of its short form investment chapter, the agreement is not as shallow as one may first think. It stimulates development concerning, among other things, regulatory issues (e.g. regulatory transparency and cooperation in financial services, regulatory …
The Wto Practice Of Legality Is Ensuring Transparency Forself-Enforcing Trade, Abdulmalik Mousa S Altamimi
The Wto Practice Of Legality Is Ensuring Transparency Forself-Enforcing Trade, Abdulmalik Mousa S Altamimi
Research Collection Yong Pung How School Of Law
Purpose One of the core objectives of the World Trade Organisation (WTO) is to maintain a practice of legality, including guaranteeing state and non-state actors interact based on the world trade norms. In seeking to achieve this objective, the WTO aims to uphold the trade rule of law by emphasising compliance with specified rules and procedures during the accession process, dispute settlement and trade policy review. This study aims to review these compliance procedures by invoking the interactional international law concept of a community of legal practice. Second, it briefly illuminates Chad Bown's proposal to establish an institute for assessing …
China’S Rise: How It Took On The U.S. At The Wto, Greg Shaffer, Henry S. Gao
China’S Rise: How It Took On The U.S. At The Wto, Greg Shaffer, Henry S. Gao
Research Collection Yong Pung How School Of Law
This Article builds from original fieldwork to show what lies behind China’s remarkably successful use of international trade law to take on the United States and Europe. The World Trade Organization (“WTO”) is unique in China’s international relations as it is the only forum where China, with its anti-legalist traditions, has resolved its disputes through law and the use of third-party dispute settlement. After China acceded to the WTO in 2001, it invested massively in building trade law capacity to transform itself and defend itself externally. Through these investments and its increased market power, China became a serious rival to …