Author: Petros C. Mavroidis
Publisher: Princeton University Press
ISBN: 0691206597
Category : Business & Economics
Languages : en
Pages : 262
Book Description
"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"--.
China and the WTO
Author: Petros C. Mavroidis
Publisher: Princeton University Press
ISBN: 0691206597
Category : Business & Economics
Languages : en
Pages : 262
Book Description
"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"--.
Publisher: Princeton University Press
ISBN: 0691206597
Category : Business & Economics
Languages : en
Pages : 262
Book Description
"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"--.
Public Procurement Law Review
Author: Adrian Brown
Publisher:
ISBN: 9780414043992
Category :
Languages : en
Pages : 0
Book Description
Public Procurement Law Review
Publisher:
ISBN: 9780414043992
Category :
Languages : en
Pages : 0
Book Description
Public Procurement Law Review
The WTO Regime on Government Procurement
Author: Sue Arrowsmith
Publisher: Cambridge University Press
ISBN: 1139501429
Category : Law
Languages : en
Pages : 895
Book Description
Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.
Publisher: Cambridge University Press
ISBN: 1139501429
Category : Law
Languages : en
Pages : 895
Book Description
Originally an important but relatively obscure plurilateral instrument, the WTO Agreement on Government Procurement (GPA) is now becoming a pillar of the WTO system as a result of important developments since the Uruguay Round. This collection examines the issues and challenges that this raises for the GPA, as well as future prospects for addressing government procurement at a multilateral level. Coverage includes issues relating to pending accessions to the GPA, particularly those of developing countries with a large state sector such as China; the revised (provisionally agreed) GPA text of 2006, including provisions on electronic procurement and Special and Differential Treatment for Developing Countries; and procurement provisions in regional trade agreements and their significance for the multilateral system. Attention is also given to emerging issues, especially those concerning environmental, social and SME policy; competition law; and the implications of the recent economic crisis.
The Politics of China's Accession to the World Trade Organization
Author: Hui Feng
Publisher: Taylor & Francis
ISBN: 9780415369213
Category : Business & Economics
Languages : en
Pages : 224
Book Description
Grounded on a series of first-hand interviews with Chinese government officials, this book examines China's accession to the World Trade Organization, providing an 'inside' look at Chinese WTO accession negotiations. Presenting a systematic political economy model in analyzing Beijing's decision-making mechanisms, the book argues that China's WTO policy making is a state-led, leadership driven, and top-down process. Feng explores how China's determined political elite partly bypassed and partly restructured a largely reluctant and resistant bureaucracy, under constant pressure from an increasingly globalized international system. By addressing China's accession to the WTO from a political analysis perspective, the book provides a theoretically informed and intriguing examination of China's foreign economic policy making regime. The book highlights contemporary debates relating to state and institutionalist theory and provides new and useful insights into a significant development of this century.
Publisher: Taylor & Francis
ISBN: 9780415369213
Category : Business & Economics
Languages : en
Pages : 224
Book Description
Grounded on a series of first-hand interviews with Chinese government officials, this book examines China's accession to the World Trade Organization, providing an 'inside' look at Chinese WTO accession negotiations. Presenting a systematic political economy model in analyzing Beijing's decision-making mechanisms, the book argues that China's WTO policy making is a state-led, leadership driven, and top-down process. Feng explores how China's determined political elite partly bypassed and partly restructured a largely reluctant and resistant bureaucracy, under constant pressure from an increasingly globalized international system. By addressing China's accession to the WTO from a political analysis perspective, the book provides a theoretically informed and intriguing examination of China's foreign economic policy making regime. The book highlights contemporary debates relating to state and institutionalist theory and provides new and useful insights into a significant development of this century.
Chinese Contract Law
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545
Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545
Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Law and the Market Economy in China
Author: Perry Keller
Publisher: Routledge
ISBN: 1351560689
Category : History
Languages : en
Pages : 541
Book Description
This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.
Publisher: Routledge
ISBN: 1351560689
Category : History
Languages : en
Pages : 541
Book Description
This volume concerns several aspects of China's changing market based economy. These include commercial contract enforcement, corporate structures, competition law and other issues related to China's membership in the WTO. In the past two decades, the rapid integration of China's economy into the global marketplace has created obligations and expectations of non-discrimination and regulatory transparency in domestic markets. The Chinese government has responded by demanding better governance within major companies, market sectors and public administration generally. However, as the articles in this volume show, it has struggled to find a corporate structure capable of absorbing external equity investment and participation but still amenable to direct and indirect state guidance. It has also moved cautiously in creating legal controls over unfair competition. Moreover, the protection of state owned enterprises, which serve as vehicles for domestic economic, social and political policy, has been a recurring issue in China's WTO trade disputes.
China and the World Trade Organization
Author: Qingjiang Kong
Publisher: World Scientific
ISBN: 9789812380395
Category : Business & Economics
Languages : en
Pages : 372
Book Description
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.
Publisher: World Scientific
ISBN: 9789812380395
Category : Business & Economics
Languages : en
Pages : 372
Book Description
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.
China's Participation in the WTO
Author: Henry Gao
Publisher: Cameron May, Limited
ISBN:
Category : Business & Economics
Languages : en
Pages : 504
Book Description
As the number one destination for global foreign direct investment and the third largest trader in the world, China is too important to be ignored by any business that has a vision for the future. China's Participation in the WTO brings together the most insightful contributions from the International Conference on China's Participation in the WTO hosted by the East Asian International Economic Law and Policy Program (EAIEL) at The University of Hong Kong in February 2005. The work focuses on three general themes: taking stock of the progress China has made in implementing its WTO commitments, identifying the challenges facing China as a new Member in the WTO, and generating proposals on how China could participate in the WTO more effectively.
Publisher: Cameron May, Limited
ISBN:
Category : Business & Economics
Languages : en
Pages : 504
Book Description
As the number one destination for global foreign direct investment and the third largest trader in the world, China is too important to be ignored by any business that has a vision for the future. China's Participation in the WTO brings together the most insightful contributions from the International Conference on China's Participation in the WTO hosted by the East Asian International Economic Law and Policy Program (EAIEL) at The University of Hong Kong in February 2005. The work focuses on three general themes: taking stock of the progress China has made in implementing its WTO commitments, identifying the challenges facing China as a new Member in the WTO, and generating proposals on how China could participate in the WTO more effectively.
Government Procurement in the WTO
Author: Sue Arrowsmith
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 520
Book Description
In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The 'plurilateral' WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activity–more than 10 percent of gross domestic product in most countries. This insightful and thoroughly researched study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has proven so effective in other areas. Professor Arrowsmith examines the following crucial factors in depth: why and how procurement practices create barriers to trade the institutional structure for dealing with government procurement in the GATT/WTO system the impact of relevant WTO law on national legal systems the types of contracts and entities covered in the Agreement on Government Procurement how the National Treatment principle and the Most Favored Nation obligation affect government procurement rules of WTO contract award procedure and the controversy over their interpretation and revision the free trade vs. social and environmental issues question in the context of government procurement and the monitoring and enforcement of WTO procurement rules Throughout the presentation the author focuses on specific issues to illuminate the overall pattern of her legal analysis. For example, practical questions stemming from such activities as multi-phase tendering and electronic procurement are raised for special scrutiny. The legal literature of the WTO and its jurisprudence are frequently brought into Professor Arrowsmith's arguments. The result is a new work of major significance-a work that government procurement officials in every country, whatever their field, cannot afford to ignore. The value of Government Procurement in the WTO to lawyers and scholars in the field goes without saying. Review' Beneath its somewhat ordinary title is a work of extraordiary depth and quality. Although written by a law professor, this book is far more than a traditional legal textbook. In exceptionally lucid writing, the aithor sets forth a comprehensive study of the World Trade Organization (WTO) regulations ('Articles') on public procurement and their omplications.'
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 520
Book Description
In the World Trade Organization regime, government procurement is largely excluded from the multilateral agreements. The 'plurilateral' WTO Agreement on Government Procurement, with its challenging accession procedures and limited number of signatories, cannot be said to succeed in its efforts to liberalize this area of trade activity–more than 10 percent of gross domestic product in most countries. This insightful and thoroughly researched study investigates the special sensitivities of government procurement that have left major trade barriers intact despite the WTO mandate that has proven so effective in other areas. Professor Arrowsmith examines the following crucial factors in depth: why and how procurement practices create barriers to trade the institutional structure for dealing with government procurement in the GATT/WTO system the impact of relevant WTO law on national legal systems the types of contracts and entities covered in the Agreement on Government Procurement how the National Treatment principle and the Most Favored Nation obligation affect government procurement rules of WTO contract award procedure and the controversy over their interpretation and revision the free trade vs. social and environmental issues question in the context of government procurement and the monitoring and enforcement of WTO procurement rules Throughout the presentation the author focuses on specific issues to illuminate the overall pattern of her legal analysis. For example, practical questions stemming from such activities as multi-phase tendering and electronic procurement are raised for special scrutiny. The legal literature of the WTO and its jurisprudence are frequently brought into Professor Arrowsmith's arguments. The result is a new work of major significance-a work that government procurement officials in every country, whatever their field, cannot afford to ignore. The value of Government Procurement in the WTO to lawyers and scholars in the field goes without saying. Review' Beneath its somewhat ordinary title is a work of extraordiary depth and quality. Although written by a law professor, this book is far more than a traditional legal textbook. In exceptionally lucid writing, the aithor sets forth a comprehensive study of the World Trade Organization (WTO) regulations ('Articles') on public procurement and their omplications.'
Public Procurement Regulation in (a) Crisis?
Author: Sue Arrowsmith
Publisher: Bloomsbury Publishing
ISBN: 1509943048
Category : Law
Languages : en
Pages : 520
Book Description
This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery. With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.
Publisher: Bloomsbury Publishing
ISBN: 1509943048
Category : Law
Languages : en
Pages : 520
Book Description
This timely book provides the first systematic analysis of global public procurement regulation and policy during and beyond the COVID-19 pandemic. Through both thematic chapters and national case studies, this book: - explores the adequacy of traditional legal frameworks for emergency procurement; - examines how governments and international organisations have responded specifically to the pandemic; and - considers how the experience of the pandemic and the political impetus for reform might be leveraged to improve public procurement more broadly. Public procurement has been critical in delivering vital frontline public services both in the health sector and elsewhere, with procurement of ventilators, protective equipment and new hospitals all hitting the headlines. At the same time, procurers have faced the challenge of adjusting existing contracts to a new reality where, for example, some contracted services can no longer operate. Further, efficient and effective procurement will be an essential, and not a luxury, in the economic recovery. With case studies on Italy, the UK, the USA, India, Singapore, Africa, Latin America and China, the book brings together the world's leading academics and practitioners from across Europe, the Americas, Asia and Africa to examine these issues, providing an essential resource for policy makers, legislators, international organisations and academics.