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Weihuan Zhou
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In a new paper, I critically evaluate whether the CPTPP SOE rules provide an ideal model for regulating Chinese SOEs. I argue that CPTPP does not provide such a model if the goal is to strengthen disciplines over Chinese SOEs.... Continue reading
Hi Brett I saw somewhere Chinese offical position is that everything comes out of US-China talks must comply with WTO rules.
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Hi Simon, now I see your more specific concern about this. I agree - the test "with the express purpose of reaping monopoly pricing gains on world markets undermining other countries' competitiveness" is highly problematic for at least four reasons. 1. Most measures have a mix of purposes - how to determine? 2. It requires an "express" purpose - does it mean "de jure" only? 3. It requires "monopoly pricing gains" - what is the test or as you noted, the real life example? Even in Raw Materials and Rare Earths, the above elements may hardly be satisfied. There was clearly a mix of objectives and arguably with the non-protectionist goals the prevailing ones as opposed to "reap monopoly pricing gains." Finally, import and export restrictions, being one of their examples, are already covered under WTO rules. Why do you need to restate or recreate rules already exist and arguably have a broader coverage? I will wait for you to post thoughts on the other buckets. In general, I think the proposal seems to suggest to create a loophole in which multilateral rules do not apply. For example, under Bucket 2, their proposed solution is bilateral discussions and adjustments. But if an industrial policy is in violation of WTO rules, surely China/US would have the right to bring a WTO case. The proposal seems to suggest the parties to agree NOT to use WTO DSM. in any case, the DSM has the flexibility for them to reach a mutually agreed solution. Again, what does Bucket 2 add to what we already have? Just some brief thoughts by now.
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Technology transfer has been one of the major issues in the US-China trade frictions and perhaps a general concern of developed economies. The main complaint has centred on China's "forcing" technology transfer from foreign companies to their Chinese local partners... Continue reading
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Mar 3, 2019