Data Regulation with Chinese Characteristics
In: SMU Centre for AI & Data Governance Research Paper No. 2019/04
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In: SMU Centre for AI & Data Governance Research Paper No. 2019/04
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Working paper
In: 17 World Trade Review 509–533 (2018), DOI: 10.1017/S1474745618000162
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When it acceded to the WTO in 2001, China accepted comprehensive transparency obligations as well as substantive commitments covering both market access and rules issues. Initially designed to deal with its opaque trade law regime, the transparency obligations were also expected to help democratize the legislative process and promote the development of the rule of law in China. Now that more than 15 years have passed, an important question is: have the transparency obligations delivered on their original promise? This article answers the question by reviewing how the transparency obligations have worked in practice. It notes that, while transparency has improved in some areas, it is still lacking in other areas. The essay discusses the reasons for the uneven progress, and concludes with some tentative suggestions as to how transparency may be further enhanced.
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When it acceded to the WTO in 2001, China accepted comprehensive transparency obligations as well as substantive commitments covering both market access and rules issues. Initially designed to deal with its opaque trade law regime, the transparency obligations were also expected to help democratize the legislative process and promote the development of the rule of law in China. Now that more than 15 years have passed, an important question is: have the transparency obligations delivered on their original promise? This article answers the question by reviewing how the transparency obligations have worked in practice. It notes that, while transparency has improved in some areas, it is still lacking in other areas. The essay discusses the reasons for the uneven progress, and concludes with some tentative suggestions as to how transparency may be further enhanced.
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In: Legal Issues of Economic Integration 45, no. 1 (2018): 47–70.
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Working paper
In: Journal of International Economic Law, Volume 21, Issue 2, 1 June 2018, Pages 297-321, DOI: 10.1093/jiel/jgy015, S. 1–25
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Working paper
In: The Journal of Comparative Law, Band 2018, Heft (2)
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In: Lisa Toohey, and Jonathan Greenacre (eds.), CHINA IN THE NEW INTERNATIONAL ECONOMIC ORDER: NEW DIRECTIONS AND CHANGING PARADIGMS, Cambridge University Press, 2015, pp. 79-97.
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In: Proceedings of the ASIL 108th Annual Meeting/ILA 76th Biennial Conference, pp. 350-352, 2014
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In: Simon Lester & Bryan Mercurio (eds.), Bilateral and Regional Trade Agreements: Case Studies, Cambridge University Press, pp. 77-96, 2016
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As noted by Greg Shaffer in his book 'Defending Interests: Public-Private Partnerships in WTO Litigation', the US and EU have different approaches to public-private partnership in dealing with foreign trade barriers: the former tends to be more 'bottom-up', while the latter tends to be 'top-down'. Inspired by Shaffer's work, this article examines China's experience in establishing public-private partnership. Initially, China appeared to prefer the American approach by adopting the Rules on Trade Barrier Investigation (TBI), which empowers domestic firms to petition the government directly to launch investigation against foreign trade barriers. However, since 2005, China seems to have shifted to the European approach by adopting a 'Quadrilateral Coordination' system, which pools together the resources of the Ministry of Commerce, local government, and relevant industry associations to help affected individual firms to fight foreign trade barriers.The article analyses the pros and cons of the two systems, the political and social reasons for the shift, and how the new system has worked in practice with case studies. The article concludes with thoughts on the lessons we can draw on the relationship between the government and private firms in China, as well as how the public-private partnership will develop in China in the future.
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In: Gao, Henry. 'Public-Private Partnership: The Chinese Dilemma'. Journal of World Trade 48, no. 5 (2014): 983–1006.
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Now in its thirteenth year, the World Trade Forum (WTF) has firmly established itself as one of the leading events for the trade law community. Held annually in the quiet town of Bern, Switzerland, the Forum features presentations by leading trade lawyers, economists, diplomats, and political scientists from all around the globe.
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In: Asian Journal of WTO & International Health Law and Policy, Band 6, Heft 1, S. 137-168
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In: C.L. Lim, Deborah Elms, Patrick Low (eds.), The Trans-Pacific Partnership: A Quest For A 21st Century Trade Agreement, Cambridge University Press, November 2012, pp. 64-81
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