Established within the framework of the World Trade Organization(WTO),the Trade Policy Review Mechanism(TPRM) reviews periodically the trade policies of all WTO Members. The review includes many aspects of food safety...Established within the framework of the World Trade Organization(WTO),the Trade Policy Review Mechanism(TPRM) reviews periodically the trade policies of all WTO Members. The review includes many aspects of food safety regulation. China's trade policy is reviewed every two years. This paper analyses in detail the reviews of China's trade policy in 2006,2008,2010,2012 and 2014. It focuses in particular on food safety laws and types of standards,alignment of domestic standards with international standards,the role of different domestic institutions,transparency and notification of food safety measures under the WTO agreements on Sanitary and Phytosanitary Measures(SPS) and on Technical Barriers to Trade(TBT Agreement),import and export,and geographical indications(GIs). It concludes that the WTO TPRM can contribute,within its mandate,to reform of Chinese food safety laws and improvement of food safety in China. It notes that China has already undertaken substantial reforms of its system for regulating food safety. It recommends that China should continue to participate actively in the TPRM,follow its own path with regard to alignment and learn selectively from other WTO Members.展开更多
The public procurement market is classified as one of the most important segments of the world economy with share of 7-18%in the world GDP.The importance of this segment leads to continuous liberalization.Despite the ...The public procurement market is classified as one of the most important segments of the world economy with share of 7-18%in the world GDP.The importance of this segment leads to continuous liberalization.Despite the existing legislative framework,the share of cross-border public procurement remains limited due to several obstacles including discrimination in public procurement that was raised by governments as one of the non-tariff barriers to international trade.Surveys of the European Commission or the European Bank for Reconstruction and Development(EBRD)indicate that there are many other obstacles to entry to international public procurement markets.These obstacles are discussed in the first chapter of this article.The goal of this paper is to review aspects of international public procurement regulation and find ways of eliminating the obstacles through this regulation.Therefore,the second,third,and fourth chapters of the paper analyse the WTO Government Procurement Agreement(GPA),the United Nations Commission on International Trade Law(UNCITRAL)Model Law on Public Procurement,and the role of regional trade agreements.展开更多
Economic Goals for the New YearThe economic reform in China will deepenand the opening-up be furthered next year,top Chinese leaders agreed at a centralconference on national economy.The Central Committee of the Commu...Economic Goals for the New YearThe economic reform in China will deepenand the opening-up be furthered next year,top Chinese leaders agreed at a centralconference on national economy.The Central Committee of the CommunistParty of China and the State Council havejust concluded their jointly held two-daycentral econmic working conference inBeijing. During the meeting Hu Jintao,General Secretary of the CPC CentralCommittee, delivered a speech on the majoreconomic tasks to be met in the coming yearand Premier Zhu Rongji unveiled an all-round plan on next year’s economic work.The conference emphasized adherence展开更多
Simultaneous with the rise of trade protectionism in the twenty-first century has been a resurgence in nationalist politics,most notably in the USA,the UK,and parts of the EU.These developments in international and US...Simultaneous with the rise of trade protectionism in the twenty-first century has been a resurgence in nationalist politics,most notably in the USA,the UK,and parts of the EU.These developments in international and US trade policy,including Washington’s launch of a full-fledged trade war against China in March 2018,have converged disastrously with the outbreak of the novel coronavirus in November 2019 and the onset of a worldwide pandemic.Given the status of the USA as the world’s hegemon since 1945,what is new here is the effort of the Trump administration to abdicate US leadership,-jettison longstanding alliances,and turn back the clock on the country’s close integration with the world economy.Already,greatly reduced flows of goods,services,and people have translated into radically reduced global growth,widespread business disruptions,and high unemployment.Remarkably,the White House has refused to recognize the severity of the pandemic and has undermined the precautions of the US science community.We argue that these multiple shocks constitute a major critical juncture on par with what the world community faced in 1945.However,in the twenty-first century we have seen that high levels of economic uncertainty and political instability have superseded the long-held notion that international interdependence would pull the world community through tough times such as these.Could the triple whammy of a destructive trade war,deadly pandemic,and secular decfine of US leadership trigger a new generation of policy innovation and institution building on par with the post-1945 era?In terms of the global trade regime,it would be difficult to imagine a buoyant recovery of the world economy in the absence of a serious reckoning with the pattern of norm erosion that we identify here.展开更多
The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this is...The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.展开更多
基金Peking University Shenzhen Graduate School, ChinaPeking University School of Transnational Law, China
文摘Established within the framework of the World Trade Organization(WTO),the Trade Policy Review Mechanism(TPRM) reviews periodically the trade policies of all WTO Members. The review includes many aspects of food safety regulation. China's trade policy is reviewed every two years. This paper analyses in detail the reviews of China's trade policy in 2006,2008,2010,2012 and 2014. It focuses in particular on food safety laws and types of standards,alignment of domestic standards with international standards,the role of different domestic institutions,transparency and notification of food safety measures under the WTO agreements on Sanitary and Phytosanitary Measures(SPS) and on Technical Barriers to Trade(TBT Agreement),import and export,and geographical indications(GIs). It concludes that the WTO TPRM can contribute,within its mandate,to reform of Chinese food safety laws and improvement of food safety in China. It notes that China has already undertaken substantial reforms of its system for regulating food safety. It recommends that China should continue to participate actively in the TPRM,follow its own path with regard to alignment and learn selectively from other WTO Members.
基金This research paper is a part of the research project F2/70/2018“Preshranicni verejné zakázky―analýza mezinárodního prostredia prekazky v zapojeníceskych firem”supported by the Internal Grant Agency(IGA)of the University of Economics,Prague.
文摘The public procurement market is classified as one of the most important segments of the world economy with share of 7-18%in the world GDP.The importance of this segment leads to continuous liberalization.Despite the existing legislative framework,the share of cross-border public procurement remains limited due to several obstacles including discrimination in public procurement that was raised by governments as one of the non-tariff barriers to international trade.Surveys of the European Commission or the European Bank for Reconstruction and Development(EBRD)indicate that there are many other obstacles to entry to international public procurement markets.These obstacles are discussed in the first chapter of this article.The goal of this paper is to review aspects of international public procurement regulation and find ways of eliminating the obstacles through this regulation.Therefore,the second,third,and fourth chapters of the paper analyse the WTO Government Procurement Agreement(GPA),the United Nations Commission on International Trade Law(UNCITRAL)Model Law on Public Procurement,and the role of regional trade agreements.
文摘Economic Goals for the New YearThe economic reform in China will deepenand the opening-up be furthered next year,top Chinese leaders agreed at a centralconference on national economy.The Central Committee of the CommunistParty of China and the State Council havejust concluded their jointly held two-daycentral econmic working conference inBeijing. During the meeting Hu Jintao,General Secretary of the CPC CentralCommittee, delivered a speech on the majoreconomic tasks to be met in the coming yearand Premier Zhu Rongji unveiled an all-round plan on next year’s economic work.The conference emphasized adherence
文摘Simultaneous with the rise of trade protectionism in the twenty-first century has been a resurgence in nationalist politics,most notably in the USA,the UK,and parts of the EU.These developments in international and US trade policy,including Washington’s launch of a full-fledged trade war against China in March 2018,have converged disastrously with the outbreak of the novel coronavirus in November 2019 and the onset of a worldwide pandemic.Given the status of the USA as the world’s hegemon since 1945,what is new here is the effort of the Trump administration to abdicate US leadership,-jettison longstanding alliances,and turn back the clock on the country’s close integration with the world economy.Already,greatly reduced flows of goods,services,and people have translated into radically reduced global growth,widespread business disruptions,and high unemployment.Remarkably,the White House has refused to recognize the severity of the pandemic and has undermined the precautions of the US science community.We argue that these multiple shocks constitute a major critical juncture on par with what the world community faced in 1945.However,in the twenty-first century we have seen that high levels of economic uncertainty and political instability have superseded the long-held notion that international interdependence would pull the world community through tough times such as these.Could the triple whammy of a destructive trade war,deadly pandemic,and secular decfine of US leadership trigger a new generation of policy innovation and institution building on par with the post-1945 era?In terms of the global trade regime,it would be difficult to imagine a buoyant recovery of the world economy in the absence of a serious reckoning with the pattern of norm erosion that we identify here.
基金This article is supported by the National Social Science Fund Project"China's Non-Market Economy Status in WTO Trade Remedies"(Project No.15XFX023)the Human Rights Institute of Southwest University of Political Science and Law(SWUPL HRI)2015 Yearly Research Project"Global Human Rights Governance under the TPP."All mistakes and omissions are my responsibility.
文摘The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system.
