Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (99)
- International and Area Studies (94)
- Asian Studies (93)
- Dispute Resolution and Arbitration (13)
- Law and Economics (13)
-
- International Law (11)
- Transnational Law (11)
- Business (8)
- Economics (8)
- International Economics (7)
- Antitrust and Trade Regulation (4)
- Comparative and Foreign Law (4)
- E-Commerce (3)
- Intellectual Property Law (3)
- Business Organizations Law (2)
- Commercial Law (2)
- Entrepreneurial and Small Business Operations (2)
- International Relations (2)
- Political Science (2)
- Banking and Finance Law (1)
- Business Law, Public Responsibility, and Ethics (1)
- Common Law (1)
- Constitutional Law (1)
- Consumer Protection Law (1)
- Courts (1)
- Eastern European Studies (1)
- Education (1)
- Education Economics (1)
- Keyword
-
- China (40)
- WTO (24)
- ASEAN (9)
- Investment (8)
- RCEP (8)
-
- World Trade Organization (8)
- Sustainable development (7)
- Trade (7)
- CPTPP (6)
- Free trade agreements (6)
- International trade (5)
- TPP (5)
- Trade policy (5)
- United States (5)
- FTA (4)
- FTAs (4)
- Free trade (4)
- International law (4)
- Reform (4)
- Regionalism (4)
- Trade relations (4)
- Accession (3)
- Antidumping (3)
- Asia (3)
- Challenges (3)
- EU (3)
- ISDS (3)
- Investment arbitration (3)
- Market economy (3)
- Multilateralism (3)
Articles 31 - 60 of 156
Full-Text Articles in International Trade Law
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.
Exporting The First Amendment Through Trade: The Global 'Constitutional Moment' For Online Platform Liability, Han-Wei Liu
Exporting The First Amendment Through Trade: The Global 'Constitutional Moment' For Online Platform Liability, Han-Wei Liu
Research Collection Yong Pung How School Of Law
The U.S. in the recent United States-Mexico-Canada Agreement and U.S.-Japan Digital Trade Agreement adopts a new clause which mirrors Section 230 of the Communications Decency Act of 1996, shielding online intermediaries from third-party contents liability. For policymakers, the seemingly innocuous “Interactive Computer Services” title creates the fundamental challenge in balancing free speech against competing interests in the digital age. This Article argues against globally normalizing this clause through its diffusion in trade deals. Internally, as the Biden Administration has offered a clean slate to discuss reforms to the controversial regime, it is unwise for U.S. trade negotiators to export the …
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.
Models And Data Trade Regulation And The Road To An Agreement, Henry S. Gao
Models And Data Trade Regulation And The Road To An Agreement, Henry S. Gao
Research Collection Yong Pung How School Of Law
‘Data is the new oil’. Just like oil, which powered the economy in the last century, data are what moves the world today. This is especially true for international trade. The crucial role played by data can be observed at every step of the process, from the conception of a new product and the sourcing of raw materials and parts, to the manufacturing process and the transportation of products across borders, until they finally reach the hands of consumers from every corner of the world.
China And The Wto: Why Multilateralism Still Matters, By André Sapir And Petros C. Mavroidis, Eds., Henry S. Gao
China And The Wto: Why Multilateralism Still Matters, By André Sapir And Petros C. Mavroidis, Eds., Henry S. Gao
Research Collection Yong Pung How School Of Law
This timely book addresses the most important problem facing the WTO: the challenge of the unique economic model of China, the largest emerging economy in the world. Penned by a leading trade lawyer and a leading trade economist, the book provides an excellent account of the legal rules with a firm grounding in economic analysis. Starting with an overview of China’s economic reform and its accession to the GATT and then the WTO, the book notes how China’s integration into the global trading system has been propelling its phenomenal economic growth. At the same time, however, its rise has led …
Regional Mapping: Digital Provisions Play A Key Role In Asia Pacific Agreements, Henry S. Gao
Regional Mapping: Digital Provisions Play A Key Role In Asia Pacific Agreements, Henry S. Gao
Research Collection Yong Pung How School Of Law
IT HAS become more commonplace for trade agreements in the Asia Pacific to include a variety of digital trade provisions. To understand the salient features of these agreements, it is helpful to map out their main baseline features. Doing so also indicates where digital trade agreements may be going or need to go. This mapping covers all free trade agreements (FTAs) with chapters on e-commerce or digital trade since 2000 by the main players in the region-China, South Korea, Japan, India, Australia, New Zealand, Singapore, Vietnam and Malaysia.
Will The European Union’S New Anti-Coercion Instrument Work With China?, Henry S. Gao
Will The European Union’S New Anti-Coercion Instrument Work With China?, Henry S. Gao
Research Collection Yong Pung How School Of Law
Recent years have witnessed the growing use of trade measures as geopolitical weapons. In response, the European Union is introducing a new instrument.
Foreword To The Special Issue On "Building A Sustainable Future: New Asian Regionalism In International Economic Law", Pasha L. Hsieh
Foreword To The Special Issue On "Building A Sustainable Future: New Asian Regionalism In International Economic Law", Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
We live in an unprecedented time, which witnesses the rapid transformation of global trade and politics. The neoliberal legal order in the post-war era has recently encountered multifaceted threats. Rising populist nationalism, US-China tensions and the COVID-19 pandemic have led to diverse forms of trade protectionism that has eroded the normative basis of international economic law. The Russian invasion of Ukraine and corresponding economic sanctions have further worsened the instability of the increasingly fragile supply chain and multilateral trading system. Amid these challenges, new Asian regionalism has emerged to shape and construct the new regional economic order. In response to …
The Eu-China Comprehensive Agreement On Investment: Between Strategic Opportunity And Strategic Autonomy, Henry S. Gao
The Eu-China Comprehensive Agreement On Investment: Between Strategic Opportunity And Strategic Autonomy, Henry S. Gao
Research Collection Yong Pung How School Of Law
This article provides a critical analysis of the EU-China Comprehensive Agreement on Investment (CAI), which was concluded in principle by the EU and China on 30 December 2020. It was hailed as “the most ambitious agreement that China has ever concluded with a third country” by the EU, and a “high-level” agreement that matches “international high-level economic and trade rules” by China. Upon a closer examination, however, such rhetoric does not appear to be warranted as the Agreement failed to add much in terms of substance. What, then, explains the rationale between the Agreement? This article argues that the key …
Mapping Sustainable Development In Investment Treaties: An Analysis Of Asean States' Practice, Mark Mclaughlin
Mapping Sustainable Development In Investment Treaties: An Analysis Of Asean States' Practice, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
The interaction between sustainable development and international investment treaties is of growing concern. Could investment protection stymie health regulation? Will States be sued for introducing measures to tackle climate change? A growing body of sustainability-related case law is evidence that arbitral tribunals balance investment obligations against States’ ability to regulate for national security, health, the environment, labour rights, transparency, and corporate social responsibility. Against this background, this paper maps sustainable development issues in 371 bilateral investment treaties (hereinafter “BITs”) concluded by the Association of Southeast Asian Nations (ASEAN) States. It finds that only 26% of these treaties make any reference …
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 …
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.
E-Commerce Governance: Back To Geneva?, Henry S. Gao
E-Commerce Governance: Back To Geneva?, Henry S. Gao
Research Collection Yong Pung How School Of Law
The World Trade Organization (WTO) is no stranger to e-commerce governance. It launched its first initiative to regulate e-commerce1 at its second Ministerial Conference in May 1998, a few months before Google was founded. At the Ministerial Conference, WTO members adopted the Declaration on Global Electronic Commerce, 2 which recognized the “new opportunities for trade,” and directed the General Council to “establish a comprehensive work programme to examine all trade-related issues relating to global electronic commerce, including those issues identified by Members.”
The Inclusion Of Anti-Corruption Clauses In International Investment Agreements And Its Possible Systemic Implications, Yueming Yan
Research Collection Yong Pung How School Of Law
Empirical studies have demonstrated a recent trend of incorporating anti-corruption provisions into international investment and trade agreements. Some treaties, i.e. the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, include both substantive and procedural obligations such as establishing corruption as criminal offenses, promoting integrity among public officials, and raising public awareness of the threat of corruption. Others like Japan prefer to insert rather general and abstract provisions in its bilateral investment treaties, stating that they agree to take efforts to prevent and combat corruption without indicating specific measures. This article attempts to take a closer look at these anti-corruption provisions by …
Art. 8.9 Ceta Investment And Regulatory Measures, Stefanie Schacherer
Art. 8.9 Ceta Investment And Regulatory Measures, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
Article 8.9 CETA on “Investment and Regulatory Measures” is at the centre of continuous and vigorous debate on how to ensure a proper balance between private business interests and the prerogative of States to regulate public welfare issue. The concerns expressed in the debate on the right to regulate are well-known. International investment agreements (IIAs) came under criticism due to their substantive protection standards, whose language is perceived as lacking in precision; as a consequence, they deliver too little policy flexibility. The protection standards together with the investor-State dispute settlement (ISDS) system, moreover, afford high levels of discretion to the …
China And E-Commerce: The Long And Winding Road, Henry S. Gao
China And E-Commerce: The Long And Winding Road, Henry S. Gao
Research Collection Yong Pung How School Of Law
Although it joined the World Trade Organization in 2001, China has largely kept silent on the e-commerce discussion and only made its first submission in this regard in 2016.
How To Assess Regional Trade Agreements? Deep Ftas V. China’S Trade Agreements, Heng Wang
How To Assess Regional Trade Agreements? Deep Ftas V. China’S Trade Agreements, Heng Wang
Research Collection Yong Pung How School Of Law
Regional trade agreements are undergoing many changes. Notably, the trajectory of China’s trade agreements has been affected by the unique US-China Phase One agreement, and these agreements extend beyond free trade agreements (FTAs). China’s trade agreements represent a different path forward from that mapped out by deep FTAs (e.g., the CPTPP) in respect of the future of trade law. This paper analyses two crucial but underexplored questions: What are the approaches behind deep FTAs and China’s trade agreements? How can we assess trade agreements (particularly China’s trade agreements)?The article critically reviews China’s trade agreements and deep FTAs. Based on in-depth …
Finding A Rule-Based Solution To The Appellate Body Crisis: Looking Beyond The Multiparty Interim Appeal Arbitration Arrangement, Henry S. Gao
Research Collection Yong Pung How School Of Law
The WTO dispute settlement system is in crisis due to the persistent blockage of the appointment of Appellate Body members by the United States. This paper reviews the US criticisms against the Appellate Body and argues that its allegations are unfounded and its approach is wrong. To deal with the US blockage, various proposals have been made, with the most popular being the Multiparty Interim Appeal Arbitration Arrangement (MPIA) set up by several key Members including the European Union and China. After a thorough analysis of the key features of the MPIA from both theoretical and practical perspectives, this paper …
Non-Precluded Measures Clauses: Regime, Trends And Practice, Dilini Pathirana, Mark Mclaughlin
Non-Precluded Measures Clauses: Regime, Trends And Practice, Dilini Pathirana, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
“Non-precluded measures” (NPM) clauses have become a fixture of the modern international investment regime. As an integral aspect of attempts to recalibrate the public-private balance in investment treaties, these clauses are intended as a corrective to the pro-investor interpretations of early arbitral tribunals. They expressly provide for the primacy of public policy over investment protection standards under certain conditions. This contribution seeks to identify trends in the drafting of NPM clauses and identify their common components. It will categorize the conditions that must be satisfied in order that host States can have recourse to them, as well as the role …
The Role Of Law In Chinese Value Chains, Henry Gao, Gregory Shaffer
The Role Of Law In Chinese Value Chains, Henry Gao, Gregory Shaffer
Research Collection Yong Pung How School Of Law
Since starting its economic reform four decades ago, China has been highly successful in integrating its economy into regional and global value chains (GVCs). This started with simple assembly and processing, then expanded to low-end labor-intensive manufacturing, and gradually moved up to technology-intensive and capital-intensive industries. This article analyzes the development of Chinese law, legal institutions, and international and transnational legal initiatives to support the development of GVCs, which we divide into five phases. The article does not idealize law in terms of ‘commitment’ or ‘rule of law,’ but rather, in the legal realist tradition, views law as an important, …
The Belt And Road Initiative Agreements: Characteristics, Rationale, And Challenges, Heng Wang
The Belt And Road Initiative Agreements: Characteristics, Rationale, And Challenges, Heng Wang
Research Collection Yong Pung How School Of Law
The Belt and Road Initiative (BRI) has brought with it an unprecedented number of agreements. BRI agreements consist of primary agreements (particularly MOUs) and secondary agreements (like performance agreements). They are a distinct, landmark feature of the BRI. Focusing on primary agreements and their close link with secondary agreements, this paper explores the following questions: What are the legal status and characteristics of primary agreements? Why are they adopted by China? What challenges do they face? BRI primary agreements can be regarded as a form of soft law, but that repurposes soft law characteristics for project development rather than rule …
Wto Reform And China: Defining Or Defiling The Multilateral Trading System?, Henry S. Gao
Wto Reform And China: Defining Or Defiling The Multilateral Trading System?, Henry S. Gao
Research Collection Yong Pung How School Of Law
In November 2001, China finally acceded to the World Trade Organization, in a deal described by then WTO Director-General Mike Moore as a “defining moment in the history of the multilateral trading system”. In recent years, however, China has been accused of defiling the letter and spirt of WTO rules with its unique economic model. Believing that existing WTO rules are inadequate in dealing with the China challenge, key WTO Members have launched a new round of WTO reform, which is the subject of this article. Contrary to popular belief, most of the problems concerning China are not new but …
Selective Engagement? Future Path For Us-China Economic Relations And Its Implications, Heng Wang
Selective Engagement? Future Path For Us-China Economic Relations And Its Implications, Heng Wang
Research Collection Yong Pung How School Of Law
The US-China economic interactions will have profound ramifications for the world. The article explores the following questions: what is the path forward for US-China economic interactions? What are its implications? It argues that selective engagement is the possible future path for US-China economic interactions. Selective engagement involves selective focuses, which currently are an unprecedented emphasis on market access, and delegalized implementation. Selective engagement contrasts sharply with deep free trade agreements that focus on regulatory disciplines and legalized dispute settlement. Selective engagement carries profound implications, ranging from rule vacuum and inconsistency, increased protection and economic disintegration, to the marginalization of multilateralism. …
Wto Reform: A China Round, Henry S. Gao
Wto Reform: A China Round, Henry S. Gao
Research Collection Yong Pung How School Of Law
Since its accession to the World Trade Organization (WTO), China's exports have been growing exponentially. In 2009, China became the world's top goods exporter. Four years later, China unseated the United States as the top trading nation in the world. In contrast to the burgeoning Chinese economy, the United States and Europe have been suffering from economic decline since the global financial crisis in 2008. China regards its rise as a long overdue restoration of its rightful position, as it has been the largest economy in the world for most of its history, except the brief aberration over the past …
Data Regulation In Trade Agreements: Different Models And Options Ahead, Henry S. Gao
Data Regulation In Trade Agreements: Different Models And Options Ahead, Henry S. Gao
Research Collection Yong Pung How School Of Law
“Data is the new oil”. Just like oil, which powered the economy in the last century, data are what moves the world today. This is especially true for international trade. The crucial role played by data can be observed at every step of the process, from the conception of a new product and the sourcing of raw materials and parts, to the manufacturing process and the transportation of products across borders, until they finally reach the hands of consumers from every corner of the world.
International Dimension Of Cbdc: A Network Analysis, Heng Wang, Simin Gao
International Dimension Of Cbdc: A Network Analysis, Heng Wang, Simin Gao
Research Collection Yong Pung How School Of Law
Central bank digital currency (CBDC), with its dramatic differences from paper currency in terms of both currency and data, is likely to be a game changer in the international financial system. CBDC would lead to new payment infrastructures and arrangements, and a CBDC network. However, the crucial international dimension of new payment infrastructures and arrangements is under-researched. This article examines what kind of CBDC network is likely to emerge in the future, and the impact it would have on regulation and the global financial network (GFN). It argues first that the CBDC network is likely to be a decentralized network …
Rethinking China Trade Policy: Lessons Learned And Options Ahead, Henry S. Gao
Rethinking China Trade Policy: Lessons Learned And Options Ahead, Henry S. Gao
Research Collection Yong Pung How School Of Law
Looking back at the China trade policy of the Trump administration, the biggest lesson is that unilateralism simply doesn’t work, at least not against a major power like China. Despite the tumultuous two-and-half-year trade war and the Phase 1 deal hailed as an “unprecedented” deal promising “a more balanced trade relationship and a more level playing field for American workers and companies,” there has been little progress on the issues U.S. businesses and the Trump administration objected to in China’s trade and economic policies. It is not only the U.S. government that needs a more viable approach. Many companies would …
Governing Science And Technology Under The International Economic Order: Regulatory Divergence And Convergence In The Age Of Megaregionals By Shin-Yi Peng, Han-Wei Liu And Ching-Fu Lin, Henry S. Gao, Weihuan Zhou
Governing Science And Technology Under The International Economic Order: Regulatory Divergence And Convergence In The Age Of Megaregionals By Shin-Yi Peng, Han-Wei Liu And Ching-Fu Lin, Henry S. Gao, Weihuan Zhou
Research Collection Yong Pung How School Of Law
Trade and technology have a long history of interdependence. It was the trade along the ancient silk road that helped to spread the technologies of China – such as paper-making, gun power, compass, and moveable type printing – to Europe. These technologies helped to launch the Renaissance, the Reformation, and the Great Discoveries, which in turn set in motion globalization as we know today. As we enter the third decade of the twenty-first century, the role of science and technology grows even stronger in international trade. For example, the advancement of information and communications technology (ICT) has greatly facilitated the …