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China's Banking Law and the National Treatment of Foreign-Funded Banks

China's Banking Law and the National Treatment of Foreign-Funded Banks PDF Author: Wei Wang
Publisher: Routledge
ISBN: 1317167325
Category : Law
Languages : en
Pages : 324

Book Description
This book assesses new developments in and reform of China's banking law system following its accession of the WTO. It focuses on the relationship between GATS/WTO national treatment obligations and China's banking law. Tracing the history of national treatment in China, the book compares the treatment of foreign-funded banks with the treatment of Chinese-funded banks and examines the structure and shortcomings of the existing banking law framework in China. Offering suggestions as to how the framework could be restructured and analysing the economic and political bases of an integrated banking law framework, the book argues that reorganization would bring about greater consistency with GATS/WTO national treatment requirements. The book also explores the ambiguous definition of prudential carve-out, the subtle relationship between GATS national treatment and market access based on WTO cases, national treatment clauses in China’s bilateral investment treaties, and special treatment on banking in China’s free trade agreements. This volume is a valuable resource for academics and students as well as professionals and policy-makers working in the field of banking, WTO, Chinese law and foreign trade.

China's Banking Law and the National Treatment of Foreign-Funded Banks

China's Banking Law and the National Treatment of Foreign-Funded Banks PDF Author: Wei Wang
Publisher: Routledge
ISBN: 1317167325
Category : Law
Languages : en
Pages : 324

Book Description
This book assesses new developments in and reform of China's banking law system following its accession of the WTO. It focuses on the relationship between GATS/WTO national treatment obligations and China's banking law. Tracing the history of national treatment in China, the book compares the treatment of foreign-funded banks with the treatment of Chinese-funded banks and examines the structure and shortcomings of the existing banking law framework in China. Offering suggestions as to how the framework could be restructured and analysing the economic and political bases of an integrated banking law framework, the book argues that reorganization would bring about greater consistency with GATS/WTO national treatment requirements. The book also explores the ambiguous definition of prudential carve-out, the subtle relationship between GATS national treatment and market access based on WTO cases, national treatment clauses in China’s bilateral investment treaties, and special treatment on banking in China’s free trade agreements. This volume is a valuable resource for academics and students as well as professionals and policy-makers working in the field of banking, WTO, Chinese law and foreign trade.

Chinese Banking Law and Foreign Financial Institutions

Chinese Banking Law and Foreign Financial Institutions PDF Author: Zhongfei Zhou
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 280

Book Description
If China is to develop a modern and viable banking sector, it needs to put in place a suitable legal infrastructure which is consistent with emerging international supervisory standards, WTO requirements and aspirations for financial sector liberalisation. The author argues that current foreign banking laws are fundamentally out of line with international standards and practices and that legislators and supervisors do not appreciate or cultivate commonly accepted supervisory values. This book proposes a set of reforms that would at the same time create a legal environment for competitive equality between foreign banks and protect the Chinese banking system. The issues considered include the licensing process for the entry of foreign banks into the Chinese market, the ongoing regulation of foreign banks and foreign bank crisis management or bank failure resolution. The author offers a proposed framework of Chinese foreign banking law which should be of great benefit to existing and prospective foreign banks in China.

Commercial Banking Law in the PRC

Commercial Banking Law in the PRC PDF Author:
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 212

Book Description


Financial Restructuring and Reform in Post-WTO China

Financial Restructuring and Reform in Post-WTO China PDF Author: James R. Barth
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 416

Book Description
This book addresses the on-going process of financial restructuring and reform in post-WTO China from a legal perspective. Chapter 1 provides an overview of the impact of the WTO on Chinaand’s financial markets and financial law systems. Chapter 2 discusses reform of banking law and regulation in post-WTO China. Chapter 3 addresses the role of the central bank in Chinaand’s financial system, focusing on issues of independence and accountability of the Peopleand’s Banking of China (PBOC), Chinaand’s central bank. Chapter 4 analyses Chinaand’s compliance with WTO obligations in the area of banking. Chapter 5 discusses the role of asset management companies (AMCs) in Chinaand’s on-going banking restructuring and liberalization. Chapter 6 analyses the development of securities markets in China, the challenges being faced and the impact of the WTO. Chapter 7 describes insurance and its development in China, focusing on the role of the WTO in liberalization. A new topic in China, i.e., financial conglomerates, is discussed in chapter 8, building upon the discussions in the previous chapters. Chapter 9 in turn studies the issue of financial institution insolvency and restructuring as noted in previous chapters, key issues in China. Chapter 10 discusses the double impact of the WTO and one of Chinaand’s regional trade agreements, CEPA, on Chinaand’s banking law.

Banking Law in China

Banking Law in China PDF Author: I. A. Tokley
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages : 322

Book Description
The way in which foreign bankers and Chinese institutions do business in China was reshaped in 1995. Legislation was enacted which transformed the People's Bank of China into a genuine central bank; the Commercial Banking Law brought in many reforms; and the Security Law was passed. This work reviews the current banking law in China, assesses the recent changes and guides the reader through the sometimes confusing path that Chinese banking has taken.

National Treatment and China's Post-WTO Banking Law

National Treatment and China's Post-WTO Banking Law PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description


Banking Laws in China

Banking Laws in China PDF Author: Zhongfei Zhou
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 296

Book Description
In this authoritative book, a leading Chinese expert on financial and economic law thoroughly explains the functions, activities and procedures that characterize the behaviour of financial institutions under current Chinese law. The book features: control of monetary policy formulation and implementation by the People's Bank of China (PBOC) modern central banking functions of the PBOC independence and accountability of the PBOC requirements and procedures for banking entry specific risk-based regulatory and supervisory requirements of the China Banking Regulatory Commission (CBRC) problem bank resolutions of the CBRC foreign banking law developments before and post WTO transitional period impact of new foreign banking regulations and rules on foreign bank activities in China

The Rise of Foreign Investment in China's Banks

The Rise of Foreign Investment in China's Banks PDF Author: Lamin Leigh
Publisher:
ISBN:
Category : Banks and banking
Languages : en
Pages : 20

Book Description
The recent wave of foreign investment in China's banks and the prospects of further opening of the banking sector under the WTO agreement suggest that foreign banks are likely to play an increasingly important role in China. This paper takes stock of the involvement of foreign banks in the Chinese banking sector in the perspective of international experience. While in most other countries foreign bank entry took the form of direct takeover or majority shareholding, foreign investments in China's banks have been minority shareholdings with very limited management involvement. The paper concludes that China appears to be well positioned to benefit from further opening of the banking sector to foreign investors. International experience suggests that greater competition from and participation of foreign banks can in general bring important benefits if appropriate incentives and sufficient opportunities are created

China's International Banking and Financial System

China's International Banking and Financial System PDF Author: Paul Davidson Reynolds
Publisher: Praeger Publishers
ISBN:
Category : Business & Economics
Languages : en
Pages : 248

Book Description


The World Trade Organization and Trade in Services

The World Trade Organization and Trade in Services PDF Author: Kern Alexander
Publisher: BRILL
ISBN: 9004162445
Category : Law
Languages : en
Pages : 1025

Book Description
The World Trade Organisation plays the primary role in regulating international trade in goods, services and intellectual property. Traditionally, international trade law and regulation has been analysed primarily from the trade-in-goods perspective. Services are becoming an important competence for the WTO. The institutional, legal and regulatory influence of the General Agreement on Trade in Services (GATS) on domestic economic policymaking is attracting increasing attention in the academic and policymaking literature. The growing importance of services trade to the global economy makes the application of the GATS to trade in services an important concern of international economic policy. The GATS contains important innovations that build on the former GATT and existing WTO/GATT trade regime for goods. This book fills a void in the academic and policymaking literature by examining how the GATS governs international trade in services and its growing impact on the regulatory practice of WTO member states. It offers a unique discussion of the major is-sues confronting WTO member states by analysing the GATS and related international trade issues from a variety of perspectives that include law, political economy, regulation, and business. Moreover, the role of the WTO in promoting liberalised trade and economic development has come under serious strain because of the breakdown of the Doha Development Round negotiations. The book analyses the issues in the Doha services debate with some suggested policy approaches that might help build a more durable GATS framework. The book is a welcomed addition to the WTO literature and will serve as a point of reference for academics, policymakers andpractitioners.