New Asian Regionalism in International Economic Law

2021 ◽  
Author(s):  
Pasha L. Hsieh
Keyword(s):  
International Economic ◽  
The United States ◽  
Legal Analysis ◽  
The European Union ◽  
Regional Economic ◽  
Systematic Analysis ◽  
Economic Law ◽  
International Economic Law ◽  
Fresh Perspective ◽  
Asian Regionalism

This book provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law. It argues that new Asian regionalism has emerged amid the Third Regionalism and contributed to the New Regional Economic Order, which reinvigorates the role of developing countries in shaping international trade norms. To substantiate the claims, the book introduces theoretical debates and evaluates major regional economic initiatives and institutions, including the ASEAN+6 framework, APEC, the CPTPP and the RCEP. It also sheds light on legal issues involving the US-China trade war and the COVID-19 pandemic, as well as trade policies of Asian powers, the European Union and the United States. Hence, the legal analysis and case studies offer a fresh perspective of Asian integration and bridge the gap between academia and practice.

Indo-Pacific Legal Infrastructure: A China Perspective

2019 ◽  
Vol 113 ◽  
pp. 374-378
Author(s):  
Matthew S. Erie
Keyword(s):  
International Economic ◽  
The United States ◽  
Pacific Region ◽  
Economic Law ◽  
Novel Approach ◽  
International Economic Law ◽  
Region I ◽  
Belt And Road ◽  
The Belt And Road ◽  
Legal Infrastructure

The Indo-Pacific, given its economic and geopolitical significance as exemplified by the growing multilateralism in the region, is an incubatory space for innovative legal infrastructure. Against the backdrop of growing tension between the United States and China in the region, I emphasize China's expanding footprint through the “Belt and Road Initiative” (BRI) and its capacity to shape institutions, practices, and norms of international economic law. I begin by providing context and then suggest six ways in which the BRI may offer a novel approach to international economic law, with particular salience for the Indo-Pacific region.

scholarly journals Forced Technology Transfer and the US–China Trade War: Implications for International Economic Law

2019 ◽  
Vol 22 (4) ◽  
pp. 743-762 ◽  
Author(s):  
Julia Ya Qin
Keyword(s):  
International Economic ◽  
Technology Transfer ◽  
Proper Function ◽  
The European Union ◽  
International Regulation ◽  
Economic Law ◽  
China Trade ◽  
International Economic Law ◽  
The Us ◽  
Trade War

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?

Interface 2.0 in Rules on State-Owned Enterprises: A Comparative Institutional Approach

2020 ◽  
Vol 23 (3) ◽  
pp. 637-663
Author(s):  
Ru Ding
Keyword(s):  
International Economic ◽  
Analytical Framework ◽  
The United States ◽  
Economic Systems ◽  
Consensus Building ◽  
The Public ◽  
Economic Law ◽  
International Economic Law ◽  
Public Body ◽  
Trading Partners

ABSTRACT Interface mechanisms in international economic law refer to international, regional, or domestic legal instruments that resolve problems arising from differences in economic systems. The existing interface mechanism regarding disciplining state-owned enterprises (SOEs)’ activities remains unclear and has led to disputes and a divergence of views among major trading partners, most notably between the United States and China. The underlying cause is the lack of an analytical framework to understand SOEs from a comparative view that may foster consensus-building discussions. This article constructs a comparative institutional framework to understand SOEs in a variety of market economy settings, which inspires new approaches in analyzing SOE-related legal issues in international economic law. This article takes the ‘public body’ issue in the WTO and the new disciplines on SOEs as examples, demonstrating that a type of activity-based approach can be a new interface mechanism for international rules on SOEs.

Emissions Trading Schemes under International Economic Law

2018 ◽  
Author(s):  
James Munro
Keyword(s):  
International Economic ◽  
Financial Services ◽  
Emissions Trading ◽  
The European Union ◽  
Policy Makers ◽  
Design Elements ◽  
Economic Law ◽  
International Economic Law ◽  
Investment Treaties ◽  
Trade And Investment

This book assesses whether—and how—emissions trading schemes are subject to international economic law. Through an analysis of trade and investment treaties and related jurisprudence, it argues that the objects of trade in these schemes, namely carbon units (also known as emissions permits or carbon credits), are capable of being legally characterized as ‘goods’, ‘services’, ‘financial services’, and ‘investments’ under international economic law. The sui generis properties of carbon units—such as their intangibility, their degree of permanence, their relationship to an economic activity performed, and their use as a regulatory instrument—make this a particularly complex question. Having ascertained whether and how carbon units are regulated in this regard, this book undertakes a comparative analysis of numerous emissions trading schemes and uncovers a raft of design elements affecting trade and investment in carbon units that could be impugned under international economic law. In particular, it demonstrates how all of the major schemes—from the nascent schemes in China, South Korea, and Ontario to the more established schemes in the European Union, Switzerland, New Zealand, Norway, California, and Quebec—engage in violations of international economic law that are, in many cases, unlikely to be justified under environmental or other exceptions or exemptions. Not only do these conclusions have implications for the relationship between the international economic and international climate regimes but, more broadly, these conclusions interrogate the efficacy of international economic law for covering market-based mechanisms designed to manage environmental problems. They also provide guidance to policy-makers seeking to inoculate their emissions trading schemes from legal challenges under international trade and investment treaties.

Critical Scholarship and Responsible Practice of International Law. How Can the Two be Reconciled?

2016 ◽  
Vol 29 (4) ◽  
pp. 979-1000 ◽  
Author(s):  
ISABEL FEICHTNER
Keyword(s):  
International Economic ◽  
Political Economy ◽  
International Law ◽  
The United States ◽  
Economic Law ◽  
Critical Scholarship ◽  
International Economic Law ◽  
Legal Expert ◽  
Theory Of Law ◽  
Work First

AbstractHow can I as an international lawyer, conscious that international law is deeply implicated in today's global injustices and that the course of history will not be changed by any grand legal design, practice law responsibly? Taking as a point of departure my own desire not to seek comfort in the formulation of a critique of law, but to aspire to a responsible practice, I consult two quite different bodies of work: first, critical theory of law and second, recent scholarship on international law that argues a practice guided by ethics may enhance the legitimacy of international law. I turn then to my own practice of international economic law focusing on my occasional role as legal expert on the so-called megaregionals the EU aims to conclude with Canada and the United States. I propose that the debate on international economic law lacks an investigation into the role of law in shaping political economy; that this lack can be explained by the compartmentalization of expertise which leads to justification gaps with respect to projects such as the megaregionals. One way lawyers can assume responsibility is to work on closing these gaps even if it means leaving the ‘inside’ of the legal discipline. Finally, I suggest that a responsible legal practice of social change might follow Roberto Unger's call for institutional imagination. Maybe I can satisfy my wish for a transformative practice by joining forces with friends in experimenting with institutions, hoping to build an alternative political economy.

Legal Issues in the Promotion of Microtrade: From the Perspective of International Economic Law

2013 ◽  
Vol 6 (1) ◽  
pp. 1-24
Author(s):  
Jaemin Lee ◽  
Y.S. Lee
Keyword(s):  
International Economic ◽  
International Trade ◽  
Basic Concept ◽  
Government Procurement ◽  
Legal Issues ◽  
Legal Analysis ◽  
Economic Law ◽  
Legal Implications ◽  
International Economic Law ◽  
Aid For Trade

AbstractThis article provides a legal analysis of microtrade from the perspective of international economic law with the introduction of the basic concept and the mechanism of microtrade. The article analyzes whether the proposed microtrade scheme complies with relevant rules of international trade under the GATT/WTO system. The article also discusses the facilitation of microtrade through government procurement in the context of Aid for Trade and examines the applicability of the WTO Government Procurement Agreement, which has been recently amended, to microtrade with consideration to potential legal implications.

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