Download or read book The Impact of the WTO TRIMs Agreement on China s Investment Law written by Yonggang Cao and published by . This book was released on 2001 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Radiating Impact of WTO on Its Members Legal System The Chinese Perspective written by Guiguo Wang and published by Martinus Nijhoff Publishers. This book was released on 2011-12-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensure the compliance of their laws, policies and other measures. Once a member is found to have violated its obligations, it must rectify the non-compliance measures to avoid retaliation. The quasi-automatic approval procedure of the WTO Dispute Settlement Body has proved to be effective in ensuring the compliance by members and consistency of interpretation of the WTO Agreement. As the multilateral trade institution covers a wide range of sectors from trade in goods and services, and intellectual property to investment and the measures of the members include laws and regulations, administrative decisions and judicial rulings, the impacts of the WTO on the members’ legal systems are hugely profound and long lasting. In some cases, for the purpose of joining the WTO, the legal systems of the members concerned have been through significant changes.
Download or read book China and the WTO written by Petros C. Mavroidis and published by Princeton University Press. This book was released on 2021-01-05 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: "China's accession to the World Trade Organisation (WTO) in 2001 was hailed as the natural conclusion of a long march that started with the reforms introduced by Deng Xiaoping in the 1970s. However, China's participation in the WTO since joining has been anything but smooth, and its self-proclaimed "socialist market economy" system has alienated many of its global trading partners - as recent tensions with the United States exemplify. Prevailing diplomatic attitudes tend to focus on two diametrically opposing approaches to dealing with the emerging problems: the first is to demand that China completely overhaul its economic regime; the second is to stay idle and accept that the WTO must accommodate different economic regimes, no matter how idiosyncratic and incompatible. In this book, Mavroidis and Sapir propose a third approach. They point out that, while the WTO (as well as its predecessor, the General Agreement on Tariffs and Trade [GATT]) has previously managed the accession of socialist countries or of big trading nations, it has never before dealt with a country as large or as powerful as China. Therefore, in order to simultaneously uphold its core principles and accommodate China's unique geopolitical position, the authors argue that the WTO needs to translate some of its implicit legal understanding into explicit treaty language. Focusing on two core complaints - that Chinese state-owned enterprises (SOEs) benefit from unfair trade advantages, and that domestic companies (both private as well as SOEs) impose forced technology transfer on foreign companies as a condition for accessing the Chinese market - they lay out their specific proposals for successful legislative amendment"--.
Download or read book China and the World Trading System written by Deborah Z. Cass and published by Cambridge University Press. This book was released on 2003-03-06 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: China, the world's sixth largest economy, has recently joined the rules-based international trading system. What are the implications of this accession? Leading scholars and practitioners from the US, Europe, China, Australia and Japan argue that China's membership will affect the WTO's decision-making, dispute resolution and rule-based structures. It will also spur legal and economic reform, have far-reaching social, political and distributional consequences in China, facilitate a new role for China in international geo-political affairs, and alter the shape, structure and content of the international trading system as a whole. Of interest to scholars of China, as well as trade lawyers and economists.
Download or read book China and the WTO written by Esther Lam and published by Kluwer Law International B.V.. This book was released on 2009-10-08 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joining the World Trade Organization (WTO) enables China to reform its legal order and to move towards a system incorporating major principles of the rule of law. The WTO also serves as an external impetus that guides contemporary Chinese legal reform and orients it in ways that domestic forces alone could not achieve and sustain. Much discussion on the WTO and the Chinese legal system has focused on the issue of compliance ― whether the Chinese legal system has the capacity to fulfill China’s WTO accession commitments. The focus of this work is less concerned with compliance issues per se, but rather with the extent to which the WTO’s requirements vis-à-vis China actually affect the Chinese legal system. The fine difference between the two approaches lies in the fact that efforts by the Chinese government to meet its WTO obligations necessarily impact the Chinese legal order and its way of functioning, even if their end results may or may not lead to full compliance with what is required of it by the WTO. This timely work exposes many behind-the-scene dealings and relies on valuable information that is not publicly available. Not only does it preserve for the historical record important details of the Chinese WTO accession, it also sheds light on the travaux préparatoires of China’s accession agreement and the negotiation history of important issues, some of which remain relevant and highly contentious today. As expressed by WTO Director-General Pascal Lamy in his foreword to the book, ‘through this work, Esther Lam succeeds in demonstrating how WTO membership can benefit both the acceding country and the wider WTO family of nations.’
Download or read book Handbook On China s Wto Accession And Its Impacts written by Cheong Ching and published by World Scientific. This book was released on 2003-06-20 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has taken China 15 long years of tough negotiations to achieve accession to the World Trade Organization (WTO). By becoming a full member of the WTO, China has in fact made three tiers of commitments. The first tier is the commitment to the objectives of the WTO, such as free trade, most-favoured nations, national treatment and transparency, as expounded in the various documents setting up the organization and its predecessor, the GATT. The second tier is the commitment to the set of rules governing trade for specific sectors, such as agricultural and textile goods, or information technology and telecommunications. This is set out in China's accession protocol. The third tier is the commitment to bilateral agreements which China signed with her major trading partners. Their support is mandatory before China can be admitted to the WTO and therefore she has to satisfy each of them through elaborate bilateral negotiations. This handbook highlights the important commitments that China has made to the international community and analyzes the potential impact of such commitments on China.Part I of the book outlines China's commitments to convert her economy from a centrally planned one to a free market one as far as cross-border movement of goods, services and personnel is concerned. It reproduces China's commitments in a tabular format to facilitate reading, and is supplemented with brief references to WTO regulations where appropriate so that readers get to know how China's commitments relate to WTO obligations. Part II examines the impacts of China's WTO membership as a whole and on her specific economic sectors. Part III consists of Tables and Figures selected from a Report compiled by the US General Accounting Office, presenting some of the Office's analysis and findings of China's commitments on WTO accession.Appendix 1 lists all the legal instruments pertaining to China's accession to the WTO. Appendix 2 reprints the Protocol of China's Accession. China's schedule of commitments on services, rearranged in a format more comprehensible to the general reader, is included as Appendix 3, so that concerned readers can find out for themselves how their professions may be affected. Appendix 4 reprints the GATS Services Sectoral Classification GNS/W/120 and part of the CPC Provisional version. This appendix is attached to facilitate readers to check whether their specific professions, which are spelt out in 3-6 digit codes, are included in Chinese commitments.
Download or read book China and the World Trade Organization written by Qingjiang Kong and published by World Scientific. This book was released on 2002 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines, from the legal perspective, China's process of WTO accession, its commitments to the accession, the implications of such commitments for its trade and legal systems, and its efforts towards WTO compliance. It also discusses the issue of the capacity of the evolving Chinese legal system for ensuring compliance. In particular, the book probes into the trade and legal systems at the turn of the accession and evaluates selected trade and legal issues, including intellectual property, foreign investment law and settlement of trade disputes.
Download or read book The Impact of the Agreement on Trade related Investment Measures TRIMS on Foreign Direct Investment Laws in PRC Upon Accession to the WTO written by Xuefei Lu and published by . This book was released on 2002 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of WTO Accession on China s Legal System written by Julia Ya Qin and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper assesses the impact of China's accession to the World Trade Organization on its foreign trade and investment regime. While the government had begun liberalizing the Chinese economy long before joining the WTO, the accession induced regulatory, institutional and normative changes that have transformed the landscape of trade and investment in China. The profound impact of the WTO stems directly from the extensive commercial and rule commitments China undertook in its accession. Focusing on the most significant of these commitments, the paper examines their implications for Chinese constitutional law and their effect on the regulation of foreign trade, foreign investment, intellectual property rights, and domestic governance. In addition, it looks at enforcement of China's commitments through the WTO review and dispute settlement mechanisms. The paper concludes that China's WTO accession has made its foreign trade and investment regime far more liberalized and less opaque than a decade ago. More importantly, the accession has institutionalized the process of China's domestic reform externally through the force of WTO obligations. Although much uncertainty remains concerning the future direction of government policies, WTO membership ensures that the course of China's economic development will be charted within the disciplines of the WTO system.
Download or read book China s WTO Accession written by Kym Anderson and published by . This book was released on 1998 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Protecting Foreign Investment written by Carlos M. Correa and published by Zed Books Ltd.. This book was released on 2013-07-04 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the mounting criticism that globalization is encountering, the developed countries continue to lose no opportunity to change the rules of the global economy in their favour, regardless of the impact on developing countries and the poor. This book examines one of the most important instances of this: the rich countries' insistence that the WTO not only launch a new round of world trade negotiations, but that rules which were supposed to be confined to trade issues now be extended by means of new agreements protecting foreign direct investment. What is being proposed would be at the expense of the freedom of developing countries to determine their own policies towards foreign capital in tune with their development policy objectives. The two authors of this book have an intimate knowledge of WTO negotiating processes. They explain in detail the North's relentless determination to give privileged protection to the overseas investments of its transnational corporations. These initiatives have included, inter alia, the OECD's failed MAI initiative, the World Bank-sponsored Multilateral Investment Guarantee Agency, and the WTO's General Agreement on Trade in Services (GATS) and Agreement on Trade-related Investment Measures (TRIMS). The authors spell out their consequences for developing countries. They examine whether there is any real case for a new multilateral framework on investment within the WTO. And they propose various options for developing countries to resist what amounts to a new form of Western protectionism, including how a development dimension could be incorporated in any new agreement, should the member countries of the WTO decide to proceed with negotiations. This book provides invaluable information and analysis for diplomats and trade negotiators, policy makers and scholars, as well as civil society activists concerned with the impact of TNC investments on development.
Download or read book Investment Implications of Selected WTO Agreements and the Proposed Multilateral Agreementon Investment written by Mr. Matthias Vocke and published by International Monetary Fund. This book was released on 1997-05-01 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: The substantial increase in foreign direct investment (FDI) in recent years has triggered a discussion of a uniform treatment of investment in international law. Most contributions to the multilateral investment framework derive from the World Trade Organization (WTO) agreements on trade liberalization. The resulting framework is incomplete, as the WTO agreements restrict their focus on investment to aspects related to international trade and often apply to selected sectors only. A broader investment regime is needed to provide a more neutral incentive framework for investment liberalization and to promote efficient international investment flows.
Download or read book The Impact of the World Trade Organization of i e On the Lack of Transparency in the People s Republic of China written by Stephen Kho and published by . This book was released on 1998 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Managing the Challenges of WTO Participation written by Peter Gallagher and published by . This book was released on 2010-09-13 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents different experiences among economies in addressing the challenges of participating in the WTO.
Download or read book China in the International Economic Order written by Lisa Toohey and published by Cambridge University Press. This book was released on 2015-04-16 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The enormous economic power of the People's Republic of China makes it one of the most important actors in the international system. Since China's accession to the World Trade Organization in 2001, all fields of international economic law have been impacted by greater Chinese participation. Now, just over one decade later, the question remains as to whether China's unique characteristics make its engagement fundamentally different from that of other players. In this volume, well-known scholars from outside China consider the country's approach to international economic law. In addition to the usual foci of trade and investment, the authors also consider monetary law, finance, competition law, and intellectual property. What emerges is a rare portrait of China's strategy across the full spectrum of international economic activity.
Download or read book Emerging Powers and the World Trading System written by Gregory Shaffer and published by Cambridge University Press. This book was released on 2021-07-22 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the rise of China, India, and Brazil in the international trading system, and the implications for trade law.
