WTO "Chapeau" Jurisprudence and Its Discontent
In: Wayne State University Law School Research Paper No. 4969680
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In: Wayne State University Law School Research Paper No. 4969680
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In: Legal Issues of Economic Integration 2022
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In: Wayne State University Law School Research Paper No. 2020-73
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Working paper
In: Journal of international economic law, Volume 22, Issue 4, p. 743-762
ISSN: 1464-3758
Abstract
Forced technology transfer has emerged from the US–China trade war as a new issue of systemic importance. The USA, the European Union, and Japan have jointly condemned forced technology transfer as a practice undermining the proper function of international trade and called for new WTO rules to discipline the practice. This article examines the issue in the broad context of international economic law. It seeks to address the following questions: What does 'forced technology transfer' mean? Where did this practice come from? Why is there insufficient international regulation on the issue? What exactly are the problems inherent in such practice? And what can be done to improve the relevant international regulation?
In: Wayne State University Law School Research Paper No. 2019-61
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Working paper
In: Wayne State University Law School Research Paper No. 2019-61
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Working paper
In: University of Pennsylvania Journal of International Law, Forthcoming
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In: Wayne State University Law School Research Paper No. 2016-05
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In: American Journal of International Law (Unbound), June 2015
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In: Virginia Journal of International Law, Forthcoming
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In: 13 Chinese Journal of International Law (2014)
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In: 11 Chinese Journal of International Law (2012)
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In: MAKING TRANSNATIONAL LAW WORK IN THE GLOBAL ECONOMY: ESSAYS IN HONOR OF DETLEV VAGTS, Pieter Bekker, Rudolf Dolzer & Michael Waibel, eds., Cambridge University Press, 2010
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In: The China quarterly, Volume 191, p. 720-741
ISSN: 1468-2648
AbstractThis article 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 article examines their implications for Chinese constitutional law and their effect on the regulation of foreign trade, foreign investment, intellectual property rights and domestic governance. Additionally, it looks at the impact of WTO disputes on Chinese law and practice. It concludes that China's 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.
In: The China quarterly: an international journal for the study of China, Volume 191, p. 720-741
ISSN: 0305-7410, 0009-4439