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Articles 1 - 14 of 14
Full-Text Articles in Entire DC Network
Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh
Rethinking Asia-Pacific Regionalism And New Economic Agreements, Julien Chaisse, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The neoliberal international order is facing a variety of pressing obstacles. One of the most contentious issues is the emergence of new Asian regionalism, which has been driven by the rising economic power of the region and integration based on the Association of Southeast Asian Nations (ASEAN) Plus Six framework. The legalization of the ASEAN way has propelled the New Regional Economic Order (NREO), which reinforces a trade-development nexus alternative to the Washington Consensus and will have far-reaching normative, economic, and geopolitical effects on the world. Given the proliferation of trade and investment initiatives including the ASEAN Economic Community and …
New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh
New Investment Rulemaking In Asia: Between Regionalism And Domestication, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article analyses investment rulemaking in new Asian regionalism in the context of evolving national legislation and regional trade strategies. It argues that the Association of Southeast Asian Nations (ASEAN) and the Regional Comprehensive Economic Partnership (RCEP) represent Asia's pragmatic incrementalism in reforming the investment regime. The process reinforces the relationship between international economic law and domestic investment laws. In tandem with transforming international investment agreements, ASEAN expedited investment and services trade, and established the modern investor–state dispute settlement (ISDS) mechanism. The RCEP further buttresses the ASEAN centrality in regional frameworks by consolidating ASEAN Plus One agreements. Yet, the RCEP's …
Global Value Chains And The Cptpp, Pao-Li Chang, Tran Bao Phuong Nguyen
Global Value Chains And The Cptpp, Pao-Li Chang, Tran Bao Phuong Nguyen
Research Collection School Of Economics
The CPTPP, or the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, is an example of a ‘mega-regional’ free trade agreement, whose provisions on the rules of origin and trade facilitation can potentially have large impacts on CPTPP-wide supply chains. In this paper, we analyse how intensively the CPTPP members participate in the global value chain (GVC), whether they have stronger linkages with members than with non-members, the position of the members in the global and regional network, and whether the CPTPP members are key upstream and downstream trade partners to each other. We develop formulas of GVC position, and importance …
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Research Collection Yong Pung How School Of Law
Pioneered by the US, recent mega-regional trade agreements such as the CPTPP have incorporated ‘regulatory coherence’ provisions—mirroring the US Administrative Procedural Act's core designs—to balance between domestic regulatory autonomy and international cooperation. Building upon existing literature that traces the trajectories of the diffusion of regulatory coherence across jurisdictions, this article analyses how Australia's constitutional tradition could effectively condition the development of regulatory coherence in a Westminster-based model of governance. It is argued that the global entrenchment of regulatory coherence is contingent upon the inherent boundary defined by the political dynamics and constitutional structures within a jurisdiction.
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Constitutional Traditions As Boundaries In Standardizing Administrative Rulemaking Through Trade Agreements, Han-Wei Liu, Ching-Fu Lin
Research Collection Yong Pung How School Of Law
Pioneered by the US, recent mega-regional trade agreements such as the CPTPP have incorporated ‘regulatory coherence’ provisions—mirroring the US Administrative Procedural Act's core designs—to balance between domestic regulatory autonomy and international cooperation. Building upon existing literature that traces the trajectories of the diffusion of regulatory coherence across jurisdictions, this article analyses how Australia's constitutional tradition could effectively condition the development of regulatory coherence in a Westminster-based model of governance. It is argued that the global entrenchment of regulatory coherence is contingent upon the inherent boundary defined by the political dynamics and constitutional structures within a jurisdiction.
Can Novel Findings From Emerging Neuroscientific Technologies Be Incorporated Into Trademark Law In Canada?, Pankhuri Malik
Can Novel Findings From Emerging Neuroscientific Technologies Be Incorporated Into Trademark Law In Canada?, Pankhuri Malik
Electronic Thesis and Dissertation Repository
American scholar, Mark Bartholomew, predicted in 2018 that a new kind of neuroscientific evidence would help businesses involved in lawsuits connect their trademarks with the public’s perception of their trademarks. Bartholomew coined the term "neuromarks’ for this evidence. Bartholomew focused on U.S. trademark law. This research demonstrates, looking at both Canada’s domestic law and Canada’s relevant international treaties and trade agreements, that such evidence has not yet been used (in 2022) in trademark litigation in Canadian courts or tribunals but that there appears to be no legal barrier to its use in future in Canada. This research notes that neuroscience …
The Roadmap To The Asean-Eu Fta In The Post-Pandemic Era, Pasha L. Hsieh
The Roadmap To The Asean-Eu Fta In The Post-Pandemic Era, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
Relations between the Association of Southeast Asian Nations (ASEAN) and the European Union (EU) have enriched the multifaceted concept of interregionalism from legal and international relations perspectives. The article argues that the transformative ASEAN-EU frameworks have shaped the Third Interregionalism. Brussels' building-block approach envisions pathfinder agreements with individual ASEAN states as the basis for the ASEAN-EU FTA, which will help realize the EU's Indo-Paafic strategy and the ASEAN-EU Strategic Partnership. The designs of the EU's trade and investment agreements with Singapore and Vietnam are therefore critical. The article assesses core areas such as tariff liberalization and ASEAN cumulative rules of …
Three Essays On International Economics: Global Value Chains Of Singapore And The Cptpp; The Effects Of Oil Price Shocks On Trade, Tran Bao Phuong Nguyen
Three Essays On International Economics: Global Value Chains Of Singapore And The Cptpp; The Effects Of Oil Price Shocks On Trade, Tran Bao Phuong Nguyen
Dissertations and Theses Collection (Open Access)
This dissertation discusses two questions in international economics. The first two chapters focus on the matter of global value chains. We first explore the participation of Singapore in the global value chains by characterizing the position of Singapore in the global network and identifying Singapore’s key upstream and downstream trade partners. This is done at both the country aggregate and at the sector level. We trace how the country’s position in global value chains has changed in the past two decades: whether it has moved upstream or downstream, how involved it is in global value chains, how its trend compares …
Science And Risk Analysis In Cptpp/Sps-Plus: Role Model Or Unbearable Burden?, Kuei-Jung Ni
Science And Risk Analysis In Cptpp/Sps-Plus: Role Model Or Unbearable Burden?, Kuei-Jung Ni
Journal of Food Law & Policy
Trade in food and agricultural products accounts for a major part of global trade, and the trade continues to alert domestic consumers to the risks associated with modern food processing and production methods. The Trans-Pacific Partnership Agreement (TPP), now rebranded as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), represents a new model of mega-regional trade pacts posed to set higher standards for promoting and streamlining trade liberalization. Because of concerns with national food safety regulations that could constitute forms of non-tariff barriers, the CPTPP, in contrast to the World Trade Organization (WTO), stipulates further rules on parties’ sanitary …
Global Value Chains And The Cptpp, Pao-Li Chang, Tran Bao Phuong Nguyen
Global Value Chains And The Cptpp, Pao-Li Chang, Tran Bao Phuong Nguyen
SMU Economics and Statistics Working Paper Series
The CPTPP, or the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, is an example of a “mega-regional” free trade agreement, whose provisions on the rules of origin and trade facilitation can have potentially large impacts on the CPTPP-wide supply chains. In this paper, we investigate whether the CPTPP members are key upstream and downstream trade partners to each other in the global value chains. We develop formulas of bilateral upstreamness and downstreamness, based on the gross-export decomposition framework of Koopman, Wang and Wei (2014) and Borin and Mancini (2017). We demonstrate how the decomposition of gross exports can be used …
Global Value Chains And The Cptpp, Pao-Li Chang, Tran Bao Phuong Nguyen
Global Value Chains And The Cptpp, Pao-Li Chang, Tran Bao Phuong Nguyen
Research Collection School Of Economics
The CPTPP, or the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, is an example of a “mega-regional” free trade agreement, whose provisions on the rules of origin and trade facilitation can have potentially large impacts on the CPTPP-wide supply chains. In this paper, we investigate whether the CPTPP members are key upstream and downstream trade partners to each other in the global value chains. We develop formulas of bilateral upstreamness and downstreamness, based on the gross-export decomposition framework of Koopman, Wang and Wei (2014) and Borin and Mancini (2017). We demonstrate how the decomposition of gross exports can be used …
The Battle Of The Powers: Newly Obtained Benefits From The Revitilised Trans-Pacific Partnership Agreement, Scott Halsted
The Battle Of The Powers: Newly Obtained Benefits From The Revitilised Trans-Pacific Partnership Agreement, Scott Halsted
Master's Projects and Capstones
The Trans Pacific Partnership (TPP) agreement would have been the most sizeable free trade agreement in history. The agreement was set up by the Obama administration as an economic benefactor plus geopolitical tool to maintain the balance of power in the Asia Pacific region, rivaling the power of China. However, numerous politicians within the Trump administration, plus multiple political opposers including Hillary Clinton and Sen. Bernie Sanders, were major advocates for the U.S. removal after realistically adjusted estimates of the TPP showed economic benefits not equating to original estimates. However, the United States withdrawal raises significant successes that can be …
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 …
Regulatory Rationalisation Clauses In Ftas: A Complete Survey Of The Us, Eu, And China, Ching-Fu Lin, Han-Wei Liu
Regulatory Rationalisation Clauses In Ftas: A Complete Survey Of The Us, Eu, And China, Ching-Fu Lin, Han-Wei Liu
Research Collection Yong Pung How School Of Law
Mechanisms on regulatory coherence or good regulatory practices have emerged as one of the unique features of preferential trade agreements (PTAs) in the age of mega-regionalism. Led by the United States, for instance, the Trans-Pacific Partnership (‘TPP’), now known as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (‘CPTPP’) introduces a standalone chapter that focuses on the domestic rule-making process. Such design is unique for it goes beyond traditional output-oriented proxies by including a set of input-oriented elements that apply to the rulemaking process of each party, before a regulatory action is taken. These elements, like transparency, public consultation, regulatory …