Download or read book China s Liberalisation of Legal Services Under the ChAFTA written by Weihuan Zhou and published by . This book was released on 2017 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article explores China's commitments to liberalising legal services under the recently concluded China - Australia Free Trade Agreement (ChAFTA). While China's ChAFTA commitments extend beyond its commitments on legal services under the World Trade Organisation and under most of China's other FTAs, we argue that the degree of liberalisation under the ChAFTA has been over-stated. The ChAFTA does not create additional market access for Australian legal practices as it merely recognises the existing practice in the Chinese market and the same market access granted to Australia has been extended to all other foreign legal practices by initiatives launched in the Shanghai Free Trade Zone. Further, the ChAFTA fails to lift the major regulatory barriers to foreign legal practices in China. Consequently, Australian law firms will continue to compete with other foreign law firms in the same regulatory environment. China is likely to continue to unilaterally liberalise its legal services market via the free trade zones; but such liberalisation is likely to be applied to all foreign legal practices. Towards this end, the benefits that the ChAFTA would bring to Australian legal practices are likely to be two-fold: (1) increased business opportunities in cross-border transactions, and (2) strengthened confidence in doing business in China.

Download or read book The China Australia Free Trade Agreement written by Colin Picker and published by Bloomsbury Publishing. This book was released on 2018 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Australia, China, and ChAFTA : punching above both belt and weight / Colin B Picker -- An analytical introduction to ChAFTA: features and challenges / Heng Wang -- A comparative context : ensuring Australian and Chinese legal systems coexist to facilitate harmonious and trustworthy trade / Nicholas morris -- ChAFTA's external impact on related Mega-FTAs / Chang-fa Lo -- The China-Australia FTA and Australia's FTAs with other Asian countries : their implications for future SOE regulation / Takemasa Sekine -- Services liberalisation in ChAFTA : progress assessment and the way forward / Jingxia Shi -- Culture-oriented mode 4 under ChAFTA : policy considerations / Shin-Yi Peng, Han-Wei Liu and Ching-Fu Lin -- Breakthrough or standstill : China's liberalisation of legal services under ChAFTA / Weihuan Zhou and Junfang Xi -- Trade in education services under ChAFTA : what does it mean for Australia? / Eva Chye -- Substantive provisions in chAFTA's investment chapter / Vivienne Bath -- Australia, China, and the coexistence of successive international investment agreements / Tania Voon and Elizabeth Sheargold -- A comparative review of the investor-state arbitration clause in ChAFTA from China's perspective : moving forwards or sideways? / Shu Zhang -- Investor-state dispute settlement and the Australian constitutional framework / Lisa Burton Crawford, Patrick Emerton, and Emmanuel Laryea -- E-commerce in chAFTA : new wine in old wineskins? / Henry Gao -- Expanding the E-commerce chapter in chAFTA : a green box, orange box, and red box approach / Jie (Jeanne) Huang -- The ideas boom : the innovation economy in the post-ChAFTA Australia-China relationship / Ken Shao.

Download or read book The China Australia Free Trade Agreement written by Colin Picker and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China–Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.

Download or read book China s Implementation of the Rulings of the World Trade Organization written by Weihuan Zhou and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amid the ongoing crisis surrounding the WTO, China's role and behaviour in the multilateral trading system has attracted overwhelming attention. This timely monograph provides the first comprehensive and systemic analysis of China's compliance with the rulings of the WTO's dispute settlement mechanism (DSM). It covers all the disputes in which China has been a respondent during its 17-year WTO membership and offers a detailed discussion of China's implementation of adverse WTO rulings, its approaches to settling WTO disputes, the possible explanations for such approaches, and post-compliance issues. The book shows how China has utilised the limitations and flexibilities of WTO rulings to ensure that its implementation of the rulings not only delivers adequate compliance but also maintains its own interests. Overall, this book argues that the issues relating to the quality of China's compliance and post-compliance practices concern the loopholes within the DSM itself which may be utilised by all WTO Members. However, despite the loopholes, China's record of compliance suggests that the DSM has been largely effective in inducing compliance and influencing domestic policy-making. It is therefore in the interest of all WTO Members and other stakeholders to protect the DSM as the 'crown jewel' of the multilateral trading system.

Download or read book The Regulation of International Trade Volume 3 written by Petros C. Mavroidis and published by MIT Press. This book was released on 2020-11-24 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of GATS that considers its historical context, the national preferences that shaped it, and a path to a GATS 2.0. The previous two volumes in The Regulation of International Trade analyzed the General Agreement on Tariffs and Trade (GATT), the first successful agreement to generate multilateral trade liberalization, and the World Trade Organization (WTO), for which the GATT laid the groundwork. In this third volume, Petros Mavroidis turns to the General Agreement on Trade in Services (GATS), a WTO treaty that took effect in 1995, and offers a comprehensive analysis that considers the historical context of the GATS, the national preferences that shaped it, and a path to a GATS 2.0.

Download or read book Coherence and Divergence in Services Trade Law written by Rhea Tamara Hoffmann and published by Springer Nature. This book was released on 2020-07-23 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses topical questions concerning the legal framework of trade in services, and assesses how these issues are dealt with in GATS and in selected preferential trade agreements. In addition, the chapters discuss whether the differences and similarities (if any) are evidence of greater coherence or greater divergence. The book combines the individual analyses to provide a more comprehensive picture of the current law on services trade liberalisation.A quarter of a century after the conclusion of the General Agreement on Trade and Services (GATS), international law on trade in services is still in a state of flux: on the one hand, countries increasingly conclude bilateral and regional trade agreements with sections on trade in services that aim at a further liberalisation of services trade. On the other, the GATS structure remains the dominant model and serves as the basis for many preferential trade agreements. In addition, new aspects such as electronic commerce, data protection and taxation are now emerging, while issues that had already manifested in the mid-1990s such as financial services regulation, labour mobility, and telecommunications continue to be problematic. Usually, the debates focus on the question of whether preferential trade agreements serve as a stepping-stone or stumbling block for trade liberalisation at the multilateral level. However, it can be assumed that rules on trade in services in preferential trade agreements will coexist with the global GATS regime for the foreseeable future. This raises the question of whether we’re currently witnessing a drive towards greater coherence or more divergence in agreements on trade in services.

Download or read book Politics policy the chance of change written by John Watson and published by Melbourne Univ. Publishing. This book was released on 2015-11-23 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Continued political and economic turbulence, pervasive threats of terrorism and climate change: 2015 was a testing year. Even Australia's charmed run as 'the lucky country' threatened to come to an end. The pressures of government resulted in Malcolm Turnbull ousting Tony Abbott to become the country’s fifth prime minister in five years. Will this prove to be a case of history repeating itself, or a turning point? This collection of articles from The Conversation traverses the year's highs and lows, the issues and possible solutions from experts in education, environment and energy, business and health, the arts and society. Some commentators or writers capture events as they happened, others take a longer view, but all bring academic expertise to bear on the issues of the day and the challenges of tomorrow.

Download or read book The Importance of Place Geographical Indications as a Tool for Local and Regional Development written by William van Caenegem and published by Springer. This book was released on 2017-03-27 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the potential benefits and disadvantages of geographical indication (GIs) registration schemes, analyzing the utility of GI registrations for the development and promotion of regional economies, both in national and international markets. The book draws on the van Caenegem, Cleary & Drahos Australian Provenance Report, along with the valuable empirical data collected in connection with it. The book situates the rural development question in an international context, presenting several case studies from Italy, France and Morocco, New Zealand and Australia. The book contains various chapters focused on comparing regulatory structures in various relevant jurisdictions and drawing on other countries’ experiences. It contains significant contributions from industry actors with extensive experience in regional branding initiatives and GI-related policy issues. Progressive in structure, the book starts from the ‘big picture’ level before moving down to the local and concrete scale. Geographical indications of Australian products are vital both in domestic and overseas markets by accurately representing the origin and quality of niche agricultural products. Thus, with a particular focus on Australia, the book promotes the assessment of geographical indications as potential regional assets that will help producers develop local quality indicators that will serve as public goods for successive generations of producers.

Download or read book Regulatory Autonomy in International Economic Law written by Andrew D. Mitchell and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regulatory Autonomy in International Economic Law provides the first extensive legal analysis of Australia’s trade and investment treaties in the context of their impact on national regulatory autonomy. This thought-provoking study offers compelling lessons for not only Australia but also countries around the globe in relation to pressing current problems, including the uncertain future of the World Trade Organization and widespread concerns about the legitimacy of investor–State dispute settlement.

Download or read book Free Trade Agreements written by Lillian Corbin and published by Springer. This book was released on 2018-10-29 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together international perspectives on free trade issues that affect civil society from the general populace to the governments of nations, and is relevant not only for lawyers, but also policymakers, international actors and businesses, as well as those with a general interest in free trade agreements. The book examines the manifestation of the concept of free trade in agreements, such as the Trans-Pacific Partnership (TPP), Regional Comprehensive Economic Partnership (RCEP), and China-Australia Free Trade Agreement (ChAFTA). It asks whether such agreements are entered into for the purposes of enhancing trading relationships between partner nations, strengthening commercial ties, and fostering economic growth; or are they sometimes used merely for local political outcomes of the most influential nations.

Download or read book Paradigm Shift in International Economic Law Rule Making written by Julien Chaisse and published by Springer. This book was released on 2017-11-13 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: The TPP was negotiated among 12 economically diverse countries, including some most highly developed and rich countries (i.e., the United States, Japan, Australia, Canada, New Zealand, and Singapore), some newly industrialized countries (i.e., Mexico and Malaysia), and some less-developed countries (i.e., Peru, Chile, and Vietnam). A new paradigm created in this context is that countries with vastly different economic developments can actually agree on a set of very high standards to regulate their economic activities, to liberalize their trade, and to protect intellectual property and foreign investment. The contents of the TPP also reflect its status of being a “new paradigm” as the “21st-Century Trade Agreement” and being a pioneer in rule making in many key regulatory areas. These include not only the improved and enhanced rules on traditional issues already covered by the WTO , such as goods, services, and IP rights, but also the carefully designed rules in areas that have never been addressed in the WTO or comprehensively covered in other FTAs , such as state-owned enterprises, electronic commerce, and labor and environmental issues. Although the United States has withdrawn from the TPP, the remaining countries are still putting efforts into establishing a TPP without the United States or a TPP with China. Economically speaking, the current 11 parties account for about 20 % of the global economy. If such agreement is put into force, there will be significant implications for the region, for the multilateral system, and even for other FTAs. The book addresses the potential of the TPP to change the ways trade and investments are conducted and argues for its potential to be the start of an international trade/economic law revolution. The book elaborates the relationship between the TPP and other existing trade agreements such as the WTO and other FTAs and explains how the TPP is to deal with traditional and new issues. Taken together, the authors argue that the implications of the TPP go beyond its current membership. It is hoped that the book will make an important contribution to the field of international economic law.

Download or read book Australian Services Trade in the Global Economy written by OECD and published by OECD Publishing. This book was released on 2018-10-23 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an in depth analysis of the contribution of services to the Australian economy, the regulatory environment of the services sector and its performance in an international context. The analysis highlights the importance of co-ordinated domestic policy action, priorities for ...

Download or read book Incomplete International Investment Agreements written by Park, Tae J. and published by Edward Elgar Publishing. This book was released on 2022-03-15 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book is a comprehensive analysis of incomplete International Investment Agreements (IIAs), featuring insights from negotiating experiences in a number of bilateral and multilateral investment treaties. It examines problems, causes, and solutions surrounding this phenomenon by employing incomplete contract theory, and opens new avenues in discussing how to correct incomplete IIAs.

Download or read book Reforming Public Procurement Law written by Annamaria La Chimia and published by Bloomsbury Publishing. This book was released on 2024-07-04 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays on the reform of public procurement law and policy honours the contribution of Sue Arrowsmith as the leading scholar in the field. The book is divided into 3 main parts – on the UK, the EU, and the world – and focuses on central reform themes that have characterised the evolution of public procurement law and policy in the past decades. These include sustainability, complex contracts, review and remedies, electronic procurement, and defence procurement, as well as topics such as debarment, the overall development of EU procurement reform, the very nature of procurement law, or the regulation of UK procurement law after Brexit. The book also covers the dynamic reform process of the EU Procurement Directives and case law, the UNCITRAL Model Law on Procurement, the WTO Government Procurement Agreement, and national systems including the US, China, Africa, and the UK. The chapters are written by experts in specific topics of procurement reform from Africa, Asia, the Americas, and Europe with backgrounds in academia, legal practice, and international organisations. The reader is provided with a diverse set of insights into the objectives, approaches, priorities, and future direction of public procurement reform.

Download or read book New Frontiers in Asia Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

Download or read book International Investment Treaties and Arbitration Across Asia written by Julien Chaisse and published by BRILL. This book was released on 2017-12-18 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric studies of treaty impact on FDI flows, in aggregate as well as for Thailand, while two concluding chapters offer other normative and forward-looking perspectives.

Download or read book Handbook of International Investment Law and Policy written by Julien Chaisse and published by Springer. This book was released on 2021-08-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of International Investment Law and Policy is a one-stop reference source. This Handbook covers the main conceptual questions in a logical, scholarly yet easy to comprehend manner. It is based on a truly global vision insisting particularly on Global South related issues and developments. In this respect, the Handbook of International Investment Law and Policy provides an excellent modern treatment of international investment law which is one of the fastest growing areas of international economic law. Professor Julien Chaisse, Professor Leïla Choukroune, and Professor Sufian Jusoh are the editors-in-chief of the Handbook of International Investment Law and Policy, a 1,500-page reference book, which is anticipated becoming one of the most influenced reference books in the international economic law areas. This Handbook is a highly comprehensive set of four volumes of original materials designed to cover all facets of international investment law and policy. The chapters, written by world-leading experts, explore key ideas and debates in relation to: international investment substantive law (Volume I), Investor-state dispute settlement (Volume II); interaction between international investment law and other fields of international law (Volume III); and, the new trends and challenges for international investment law (Volume IV). The Handbook will feature more than 80 contributions from leading experts (academics, lawyers, government officials), including Vivienne Bath, M. Sornarajah, Mélida Hodgson, Rahul Donde, Roberto Echandi, Andrew Mitchell, Ernst-Ulrich Petersmann, Christina L. Beharry, Krista Nadakavukaren Schefer, Leon Trakman, Prabhash Ranjan, Emmanuel Jacomy, Mariel Dimsey, Stavros Brekoulakis, Romesh Weeramantry, Nathalie Bernasconi-Osterwalder, David Collins, Damilola S. Olawuyi, Katia Fach Gomez, Jaemin Lee, Alejandro Carballo-Leyda, Patrick W. Pearsall, Mark Feldman, Surya Deva, Luke Nottage, Rafael Leal-Arcas, James Nedumpara, Rodrigo Polanco, etc. This Handbook will be an essential reference tool for students and scholars of international economic law. Policy makers and researchers alike will find the Handbook of International Investment Law and Policy useful for years to come.