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Articles 1 - 12 of 12
Full-Text Articles in Law
Dangers Of Protectionism In Free Trade, Jacob Walker
Dangers Of Protectionism In Free Trade, Jacob Walker
Washington International Law Journal
The recent establishment of large mega-free trade agreements has led to the potential for the rapid economic development of nations through the inclusion of provisions that lower tariff rates on goods crossing borders. Some countries, such as India, have shied away from these agreements in favor of protectionist strategies, which has led to inconsistencies in treaty negotiations and economic decline. India used protectionist strategies as part of its domestic plan, which has led it to withdraw from free trade agreements and weakened its regional partnerships. This comment examines the Foreign Direct Investment flowing into India before and after its withdrawal …
Digital Services Trade And Trade Agreements, Henry S. Gao
Digital Services Trade And Trade Agreements, Henry S. Gao
Research Collection Yong Pung How School Of Law
Trade agreements have become the main forum for the regulation of digital services trade issues over the past decade. This chapter provides a comprehensive examination of the regulation of digital services trade in trade agreements, first reviewing the rules in the World Trade Organization (WTO), then comparing the approaches between the United States (US), the People’s Republic of China (PRC), and the European Union (EU), and explaining the reasons for their deep differences. This chapter further analyzes such provisions in trade agreements in Asia and the Pacific, which has become one of the most dynamic regions in terms of new …
A Chinese Perspective, Henry S. Gao
A Chinese Perspective, Henry S. Gao
Research Collection Yong Pung How School Of Law
Many factors have been driving regional economic integration in the Asia-Pacific in the past two decades, but the main driving force in the past decade has been the strategic competition between the two biggest powers in the region — the United States and China. This paper discusses the Chinese perspective of how the US-China strategic competition has shaped regional economic cooperation, along with the disruptions brought by the COVID-19 pandemic. It concludes with some thoughts on post-pandemic economic cooperation in the region.
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
China’S Changing Perspective On The Wto: From Aspiration, Assimilation To Alienation, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its accession to the WTO twenty years ago, China's image has shifted from a good student aspiring to assimilate itself into the multilateral trading system to one that is increasingly alienated from key WTO principles. How has China's perspective on WTO been evolving? What are the reasons behind China's changing perspective? This paper answers these questions from the Chinese perspective with a comprehensive analysis of the key moments in China's first two decades in the WTO, followed by practical suggestions on how to engage China more constructively in the WTO and beyond.
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
If The Government Says So, It Must Be Right: An Analysis On The Impact Of Government Issued Force Majeure Certificates, Verónica Orantes
University of Miami Inter-American Law Review
In March 2020, the world came to a halt with the beginning of the Covid–19 pandemic. The pandemic’s worldwide im-pact resulted in endless business transactions becoming im-possible or impracticable to perform. The China Council for the Promotion of International Trade issued force majeure certificates for its national business parties to excuse their performance under cross–border transactions. This note explores how the excuses for the performance of a contract work under Common Law and Civil Law systems and how each system would react to the parties invoking force majeure under a force majeure certificate issued by a government agency.
Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman
Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman
Life of the Law School (1993- )
No abstract provided.
Promising Trail Or Perilous Trap? Engaging China In The Wto And Beyond, Henry S. Gao
Promising Trail Or Perilous Trap? Engaging China In The Wto And Beyond, Henry S. Gao
Research Collection Yong Pung How School Of Law
How to deal with China? This is the biggest question confronting U.S. trade policy - or even the United States' entire foreign policy - today. Over the past few years, the debate on this important issue has benefited from the contributions of many trade law scholars, including those by Mark Wu, Jennifer Hillman, Petros Mavroidis, André Sapir, Rob Howse, Weihuan Zhou, and the present author. In Governing the Interface of U.S.-China Trade Relations, Gregory Shaffer offers refreshing insights. Building on the framework developed by the U.S.-China Trade Policy Working Group, of which he is a member, Shaffer further adjusts the …
China's Regulatory Crackdowns And U.S.-China Trade And Investment Relations, Henry S. Gao
China's Regulatory Crackdowns And U.S.-China Trade And Investment Relations, Henry S. Gao
Research Collection Yong Pung How School Of Law
China's regulatory crackdowns have affected U.S. and Chinese companies, but protectionist trade policies implemented by the Trump administration and continued by the Biden administration have severely restricted the ability of the U.S. government to protect U.S. businesses in the Chinese market. Unless the U.S. government changes course, American companies will be increasingly less able to address perceived wrongs in Chinese government policies and will be placed at a significant economic disadvantage in much of Asia.
“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp
“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp
Seattle University Law Review
This Note explores China’s repressive actions against the Uyghur population and calls upon the U.S. to address these human rights violations. Part I discusses the background and human rights violations in Xinjiang, also known as the Xinjiang Uyghur Autonomous Region (XUAR). Part II addresses U.S. economic regulations and sanctions imposed against actors involved in Xinjiang’s forced labor industry. Part III analyzes previous U.S. strategies and sanction regimes implemented to combat human rights violations in other countries. This Note recommends that the U.S. implement a more robust multilateral framework to combat the Xinjiang cultural genocide and impose secondary sanctions against China …
Introduction To The Symposium On Gregory Shaffer, "Governing The Interface Of U.S.-China Trade Relations", Harlan G. Cohen
Introduction To The Symposium On Gregory Shaffer, "Governing The Interface Of U.S.-China Trade Relations", Harlan G. Cohen
Scholarly Works
What happens to international institutions when expectations about their function and purpose shift? Must such institutions give way as states reconsider the settlements on which those institutions are based, or can they adapt (or be adapted) to new geopolitical realities? Or to put it most bluntly, as the geopolitical balance of power shifts, must law give way to power? At a very deep level, these are the questions animating Gregory Shaffer's "Governing the Interface of U.S.-China Trade Relations," published in the American Journal ofInternationalfaw. 1 As the ballooning rivalry between the United States and China stretches and strains institutions like …
China’S Entry Into The Wto—A Mistake By The United States?, Jennifer A. Hillman
China’S Entry Into The Wto—A Mistake By The United States?, Jennifer A. Hillman
Georgetown Law Faculty Publications and Other Works
The conclusion that China's accession to the WTO was a failure from a U.S. perspective stems from: 1) loading too many issues and expectations—including an entire panoply of national security and geostrategic concerns -- on to the WTO and its rules-based, binding dispute settlement system to address; 2) failure by the United States and the rest of the world to use the tools available as a result of China’s accession to the WTO to both protect their domestic markets and hold China to account for its WTO commitments; and 3) China’s U-turn away from market-economy reforms to a much more …