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 91 - 120 of 156
Full-Text Articles in International Trade Law
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 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 …
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 …
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 …
The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh
The Rcep: New Asian Regionalism And The Global South, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
This article provides an 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. By analyzing the converging policies of the Association of Southeast Asian Nations (ASEAN), China and India, the article first demonstrates the status of …
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan
Research Collection Yong Pung How School Of Law
Laos is no stranger to international investment arbitration. Despite its status as one of Southeast Asia's least developed countries, it has had an Investment Law for more than two decades and is also a party to several bilateral and Association of South East Asian Nations (ASEAN)-related investment agreements. More recently, two investment treaty claims have been made against it, one of which has given rise to an award challenge that went all the way to Singapore's highest court. This article will examine the history, evolution and current iteration of Laos' relationship with international investment law and focus on the two …
The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong
The 2016 Amendments To Singapore’S Consumer Protection (Fair Trading) Act: A Missed Opportunity, Wee Ling Loo, Ee-Ing Ong
Research Collection Yong Pung How School Of Law
Singapore hasrecently amended its Consumer Protection (Fair Trading) Act in response to calls for tougher action against unscrupulous traders. The revisions were aimed at strengthening the government’s ability to deter and punish errant traders, witha focus on deterrence. To this end, the government introduced new investigatory powers, enhanced court powers and added one substantive consumer remedy. Despite this, the authors argue that Singapore’s consumer protection regime remains inadequate because: unfair practices have yet to attract criminalsanctions; no guidelines were issued to provide transparency and clarity on how the broad investigatory powers and harsher court powers are to be implemented; no …
The Rcep And Its Investment Rules: Learning From Past Chinese Ftas, Heng Wang
The Rcep And Its Investment Rules: Learning From Past Chinese Ftas, Heng Wang
Research Collection Yong Pung How School Of Law
China’s free trade agreements (FTAs) reveal malleability as the most striking feature. The paper analyzes the following questions: what is the trend of China’s fta approach to investment concerning malleability? Is China a rule follower, shaker or maker? How may China approach the Regional Comprehensive Economic Partnership (RCEP) regarding investment? It argues first that the malleability will probably expand from investment protection to investment liberalization. China converges with deep ftas regarding investment protection and may incrementally move to investment liberalization. Second, increased malleability of China’s ftas exists in regulatory autonomy and investor-state dispute settlement. Third, China is likely to be …
Extraterritoriality Of The Regulations And Interconnections Of The Derivatives Market: Legal Implications For East And Southeast Asia, Christopher C. H. Chen
Extraterritoriality Of The Regulations And Interconnections Of The Derivatives Market: Legal Implications For East And Southeast Asia, Christopher C. H. Chen
Research Collection Yong Pung How School Of Law
This article examines the legal implications of the interconnections of the global derivatives market, such as the exchange and over-the-counter (OTC) markets, in East and Southeast Asia. First, we introduce the interconnectedness of the global derivatives market. We then examine some legal implications of such interconnectedness from several angles, such as the extraterritoriality of relevant regulations (notably the reporting, clearing and trading mandates prescribed by the G20 and the new initial margin rule), standard product documentation, the effect of substituted compliance, the potential competition effect due to shifting OTC trades to exchange trading and the effect of consolidating exchanges and/or …
The Role And Future Of Sovereign Wealth Funds: A Trade And Investment Perspective, Locknie Hsu
The Role And Future Of Sovereign Wealth Funds: A Trade And Investment Perspective, Locknie Hsu
Research Collection Yong Pung How School Of Law
Sovereign wealth funds ("SWFs") have been greeted with bothenthusiasm and suspicion. In one respect, they have been called "white knights," where they step in to inject financing to troubledentities.' In others, they have been called "Trojan horses" and"chameleons."
Demand Side Of Corruption And Foreign Investment Law, Austin Ignatius Pulle
Demand Side Of Corruption And Foreign Investment Law, Austin Ignatius Pulle
Research Collection Yong Pung How School Of Law
The United Nations Conventionagainst Corruption, regional anti-corruption conventions, the US ForeignCorrupt Practices Act, and laws against foreign bribery passed pursuant to theOECD Convention on Bribery have not operated to substantially reduce foreigncorrupt practices. The “design flaw” in these instruments and laws is that theyabandon the model of domestic anti-bribery laws that target both the supply anddemand side of corruption, and instead focus only on the supply side ofcorruption. Shielded from international accountability, corrupt officials inthe demand side continue to extort bribes from investors and other businessmenwho wish to operate in their countries. Arbitration decisions that considercorruption in the context of …
The Asian Perspective On Smes In International Economic Law: Opportunities And Challenges Arising From The Tpp, Heng Wang
Research Collection Yong Pung How School Of Law
The Trans-Pacific Partnership (TPP) is likely to have profound implications for small and medium-sized enterprises (SMEs) within and beyond the free trade area. The key question will be analysed: what are the challenges and opportunities that the TPP hold for SMEs? It is argued that, first, the key benefits the TPP can be expected to bring for SMEs are enhanced market liberalization and a more predictable regulatory environment. Second, the TPP poses serious challenges for SMEs (eg insufficiency of the opportunities to SMEs, the complexity of rules, difficulties in rule interpretation and implementation, and remaining regulatory differences), but different types …
Can Wto Law Keep Up With The Internet?, Henry Gao
Can Wto Law Keep Up With The Internet?, Henry Gao
Research Collection Yong Pung How School Of Law
The regulation of Internet activities presents special challenges to the World Trade Organization (WTO), as its rules were mostly formulated in the pre-Internet era. The first difficulty lies in determining whether Internet activities should be classified as goods or services, as they are subject to different regulatory frameworks. Traditionally, the General Agreement on Tariffs and Trade (GATT) only applies to goods. It was not until the establishment of the WTO in 1995 that services trade was finally brought within the scope of the multilateral trading system. While some activities, such as the online delivery of books and audiovisual products could …
The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer
The Eu As A Global Actor In Reforming The International Investment Regime In Light Of Sustainable Development, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
The international investment law regime is undergoing a process of reform. The guiding paradigm of this reform is the principle of sustainable development. The EU, through its exclusive competence over foreign direct investment, has become a significant actor on the stage of international investment law governance. According to recent statements of the EU institutions, the EU seeks to shape its policy to be consistent with the principle of sustainable development. In more concrete terms this means that EU investment law making shall be consistent with core labour standards, environmental protection and the conservation of natural resources as well as with …
The 'Africanization' Of International Investment Law: The Pan-African Investment Code And The Reform Of The International Investment Regime, Makane Moïse Mbengue, Stefanie Schacherer
The 'Africanization' Of International Investment Law: The Pan-African Investment Code And The Reform Of The International Investment Regime, Makane Moïse Mbengue, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
The Pan-African Investment Code (PAIC) is the first continent-wide African model investment treaty elaborated under the auspices of the African Union. The PAIC has been drafted from the perspective of developing and least-developed countries with a view to promote sustainable development. The PAIC contains a number of Africa-specific and innovative features, which presumably makes it today a unique legal instrument. Written in a time where the international investment community is still debating the future of international investment law, this article seeks to present and contextualize this first African model investment treaty. The article highlights the most innovative features of the …
The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, Siraj Shaik Aziz
The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, Siraj Shaik Aziz
Research Collection Yong Pung How School Of Law
The impending British exit (Brexit) from the European Union has placed the UK's investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting Zeitgeist concerning the balance of investors' rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain's power brokers, as a persuasive model for the UK to emulate for this purpose. This is notwithstanding …
The Tpp: Threat Or Treat To China, Henry S. Gao
The Tpp: Threat Or Treat To China, Henry S. Gao
Research Collection Yong Pung How School Of Law
The conclusion of the TPP has raised many challenges for China, especially on rules issues. This article discusses the possible responses by China, as well as how this may lead to a window of opportunity for mutual cooperation between the US and China.
The Tpp: Threat Or Treat To China, Henry S. Gao
The Tpp: Threat Or Treat To China, Henry S. Gao
Research Collection Yong Pung How School Of Law
The conclusion of the TPP has raised many challenges for China, especially on rules issues. This article discusses the possible responses by China, as well as how this may lead to a window of opportunity for mutual cooperation between the US and China.
Tpp, Ceta And Ttip Between Innovation And Consolidation-Resolving Investor-State Disputes Under Mega-Regionals, Stefanie Schacherer
Tpp, Ceta And Ttip Between Innovation And Consolidation-Resolving Investor-State Disputes Under Mega-Regionals, Stefanie Schacherer
Research Collection Yong Pung How School Of Law
The United States concluded in 2015, the Trans-Pacific Partnership (TPP) agreement with 11 other countries and the European Union (EU) concluded a revised version of the Comprehensive Economic Trade Agreement (CETA) with Canada in 2016. The provisions on investor-state dispute settlement (ISDS) of the two agreements could not be more different. While the TPP sticks to the traditional system of investor-state arbitration, CETA now contains a two-layered court system with pre-elected tribunal members. The present contribution seeks to analyse the convergences and differences between the two first concluded mega-regionals in greater detail with a special focus on the CETA court …
Subsidies Issues In Renewable Energy Trade, Heng Wang
Subsidies Issues In Renewable Energy Trade, Heng Wang
Research Collection Yong Pung How School Of Law
The chapter analyzes several issues regarding the renewable energy subsidies in trade law. There are uncertainties regarding the WTO-consistence of renewable energy subsidies for goods. It is partially due to the vagueness of WTO rules and insufficient jurisprudence. Among them, issues such as the specificity of subsidies turn to be quite controversial. Given the unclear WTO disciplines on the susidies for goods, renewable energy subsidies for services could be more popular. The “collaboration” between the WTO law and FTAs is desirable to reform the WTO rules on trade remedies and to strike a balance between trade disciplines and environment protection.
Managing Trade Conflicts In The Ict Industry: A Case Study Of Eu-Greater China Area, Han-Wei Liu, Shin-Yi Peng
Managing Trade Conflicts In The Ict Industry: A Case Study Of Eu-Greater China Area, Han-Wei Liu, Shin-Yi Peng
Research Collection Yong Pung How School Of Law
Trade policy is formulated through a rather complex decision-making process that involves two-way interactions between actors in public and private sectors. Such interactions are of particular importance in resolving trade controversies in the information and communication technology (ICT) sector. Focusing on the conflicts between the EU and its trading partners in the Greater China Area regarding certain innovation policies in this high-tech industry, this Article underscores how catch-up strategies adopted by latecomer economies in East Asia may implicate the world trade order in recent years. Loosely built upon the insights of public-private network theory, this Article identifies key variables—economic, legal, …
The Challenges Of China's Recent Fta: An Anatomy Of The China-Korea Fta, Heng Wang
The Challenges Of China's Recent Fta: An Anatomy Of The China-Korea Fta, Heng Wang
Research Collection Yong Pung How School Of Law
As the biggest Chinese free trade agreement (FTA) to the date of its signature, the China-Korea FTA provides an amazing case study for the development of China’s recent FTAs.This paper analyzes major challenges in its rule development, implementation, and interpretation. The author argues, first, that rule development encounters market liberalization, regulatory cooperation and coherence, as well as sectoral challenges. Second, the fundamental issue for rule implementation and interpretation is the lack of a ‘systemic’ response to the relationship among FTA chapters, and to the relationship among the China-Korea FTA, domestic law, and international law. Finally, the relationship between the China-Korea …
The Features Of China's Recent Fta And Their Implications: An Anatomy Of The China-Korea Fta, Heng Wang
The Features Of China's Recent Fta And Their Implications: An Anatomy Of The China-Korea Fta, Heng Wang
Research Collection Yong Pung How School Of Law
The paper analyzes the following questions from a Chinese perspective: what are the characteristics of the China-Korea FTA? And what are their underlying considerations and implications? It argues, first, that the China-Korea FTA is characterized by expanded coverage, highlighted focus on services and investment, increased non-trade concerns of competition and environment, and enhanced good governance norms. Generally the features are not fully developed largely due to the gentle pace of the China-Korea FTA. Among the features, good governance is more salient than others. Second, these features may be attributable to a variety of factors, particularly the response to trade practice …
The Implications Of The Trans-Pacific Partnership For Smes: Opportunities And Challenges, Heng Wang
The Implications Of The Trans-Pacific Partnership For Smes: Opportunities And Challenges, Heng Wang
Research Collection Yong Pung How School Of Law
The Trans-Pacific Partnership (TPP) will have profound implications for small and medium-sized enterprises (SMEs) within and beyond the free trade area. SME issues get more attention in the TPP than previous FTAs. Since there is limited research on the impact of the FTAs on SMEs, it is of great significance to probe into the practical implications of the TPP for SMEs. The key question will be analyzed: what are the challenges and opportunities that the TPP hold for SMEs? It is argued that, first, the support to SMEs, tariff elimination or reduction, and the reduction of non-tariff barriers are major …
Time To Say Local Cheese And Smile At Geographical Indications Of Origin? International Trade And Local Development In The United States, Irene Calboli
Research Collection Yong Pung How School Of Law
In this Article, I offer some considerations on a possible compromising solution for the controversy between the European Union (EU) and the United States (U.S.) on the regulation of geographical indications of origin (GIs) as part of the negotiations in the Transatlantic Trade and Investment Partnership (TTIP). Notably, I advocate that the EU and the U.S. consider adopting a solution similar to that adopted in the Canada and European Union Comprehensive Economic and Trade Agreement (CETA). In particular, I note that, even though CETA accepted several of the EU’s requests to claw-back names that were not previously protected in Canada, …
Free Trade Agreements: Singapore Legal Developments, Locknie Hsu
Free Trade Agreements: Singapore Legal Developments, Locknie Hsu
Research Collection Yong Pung How School Of Law
Singapore has entered into a number of bilateral Free Trade Agreements (FTAs) with its trading partners. These FTAs vary in scope and commitments. As a result, Singapore’s legal environment and laws have seen some changes. Many of these changes would interest those who do business with or invest in Singapore. While this section does not attempt to provide comprehensive information on all changes resulting from treaty commitments, it highlights salient changes for those trading or investing in Singapore. The developments highlighted here include changes made to Singapore legislation, as well as legal commitments made by Singapore as a result of …
Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu
Regulatory Flexibilities And Tensions In Public Health And Trade: An Asian Perspective, Locknie Hsu
Research Collection Yong Pung How School Of Law
Regulatory issues relating to public health are a source of tensions in recent trade and investment negotiations, treaties and disputes. Issues arising from the intersection between public health regulation and trade and investment treaties have given Asian states pause for thought. They have led to a critical need to confront the scope and meaning of legal obligations vis-a-vis public health and regulatory objectives, and their implications for stakeholder interests. The intersection and resulting tensions have already led the WTO, WHO and WIPO to work together in an unprecedented manner to address some of the issues at the global level. The …
Liberalizing Trade In Legal Services Under Asia-Pacific Ftas: The Asean Case, Pasha L. Hsieh
Liberalizing Trade In Legal Services Under Asia-Pacific Ftas: The Asean Case, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The article examines the liberalization of trade in legal services in the Association of the Southeast Asian Nations (ASEAN) and its reform prospects to meet the challenges of multi-jurisdictional practice. It argues that while the ten-country bloc pledges to progressively liberalize the legal sector, ASEAN commitments under free trade agreements (FTAs) constitute merely ‘paper commitments’. To achieve the goal of the ASEAN Economic Community to form a single market and production base, a feasible, incremental roadmap is imperative to integrate the legal services market. The article first analyzes the economic impact of foreign law firms on ASEAN’s legal capacity building …
Sovereign Wealth Funds: Investors In Search Of An Identity In The 21st Century, Locknie Hsu
Sovereign Wealth Funds: Investors In Search Of An Identity In The 21st Century, Locknie Hsu
Research Collection Yong Pung How School Of Law
Sovereign Wealth Funds (SWFs), as they have come to be known, are a hybrid type of foreign investor. They invest beyond their own borders with an aim to maximize returns as a foreign investor is expected to. At the same time, they are closely associated with governments, by ownership, source of funding, and/or investment objectives. Even as within this group, individual SWFs take various forms and may have divergent investment priorities and risk approaches. There is not even a universal definition of SWFs. As a result, they are often not viewed as typical foreign investors. The association of a SWF …