INTERNATIONAL LAW IN NORTH EAST ASIA FORUM (ILNEAF)

International Economic Law as between Northeast Asian States: Selected Sources

Asif H Qureshi, Yoon-Kyung Lee, Kangle ZHANG, Xiaojing Qin, Wei Rongrong & Dahea Kim

1. Introduction

This bibliography mainly focuses on International Economic Law from a Public International Law

perspective. It is concerned with International Economic Law as it affects NEA (viz., China, Korea and Japan). In particular, it is concerned with how International Economic Law is perceived and received in NEA. And more specifically, it is concerned with world trade law; International Investment Law; International Monetary and Financial Law; and finally, International Tax Law, as these disciplines relate to NEA. The sources referred to herein are mostly secondary sources. They do not purport to be exhaustive or indeed complete and comprise of selected works chosen by different researchers herein in the disparate spheres. The sources selected are those in English, as well as in Korean, Japanese and Chinese.

Given the different languages involved, and the difficulty in having one person having a command of all four languages, some of the descriptions herein of the content of the secondary sources are perforce extremely brief and sometimes add relatively little value to the title. However, a minimum of title translation has been set as a bench mark so that researchers can if interested then take the search further by actually looking at the material for themselves. The observations that follow the title headings are not necessarily intended to be evaluative or judgmental about the work and vary in the manner of the light they shed on the material.

The following may be observed about the literature from and with reference to the NEA. First, there is an impressive array of research, particularly latterly in the last decade. This scholarly engagement is coterminous with the advent of the economic progress within the region. Second, there is relatively more engagement in the sphere of world trade law post the establishment of the WTO then in the investment sector, wherein scholarly consciousness has been relatively more recent. This is also generally the case globally. Third, generally the legal scholarship does not appear to be fundamental, theoretical, interdisciplinary or global in its concerns. It is essentially led by the specific economic developments and preoccupations of the region, as much as national stand-points. Such engagement will doubtless come in the future.

 

2. General Overviews:

In each of the countreis of NEA there are general works in International Economic Law. These

are howver fairly oriented to world trade law, specifically WTO law. This is the case also in may American/European works on International Economic Law also. By the same token, each of the countries has a minimum of at least one promient journal in International Economic Law and in some cases specific journals dedicated to world trade or aspects thereof. All three countreis also have a fair amount of original data pertaining to International Economic Law on their respective relevant ministry

websites.

 

Textbooks & Edited Volumes

China

Lisa Toohey, Colin B. Picker and Jonathan Greenacre. eds. China in the International Economic Order: New Directions and Changing Paradigms. New York, NY: Cambridge University Press, 2015.

This is a collection of papers by scholars from outside China that explores China’s participation in international economic order from an international economic law perspective. The work cuts across all aspects of international economic law, including international trade law, international investment law, international monetary and financial law, international intellectual property law and competition law, etc., to fully reflect China’s recent directions and changing paradigms in the new international economic regime. Two articles are of relevance to international monetary and financial law: Randall Peerenboom. “Revamping the China Model for the Post-Global Financial Crisis Era: The Emerging Post-Washington, Post-Beijing Consensus” and Julian Gruin: “Contesting the Liberal Imaginary? China's Role in the International Monetary System”.

 

Dan Wei (Ed). Settlements of Trade Disputes between China and Latin American Countries (Laws in Emerging Economies.). Springer, 2015.

This book is composed of 9 chapters focusing on dispute settlement and trade remedies from the perspective of China and Latin American countries. Dan Wei is a professor at the University of Macau.

 

余劲松, 吴志攀. 国际经济法. 第四版. 北京大学出版社&高等教育出版社, 2014. (Yu Jinsong, Wu Zhipan. International Economic Law. 4th ed. Peking University press, 2014.)

This is an established textbook of international economic law widely used in China. The book covers basic theoretical issues of international economic law; with a comprehensive overview ofthe core disciplines in international economic law; and finally dispute settlement. Yu Jinsong is a professor of Renmin University as well as an arbitrator of China international economic and trade arbitration commission; Wu Zhipan, is a professor of Peking University.

 

车丕照. 国际经济法概要. 清华大学出版社, 2003. (Pizhao JIA. Essentials of International Economic Law. Beijing: Tsinghua University Press, 2003.)

This is a textbook of international economic law, covering international trade law, international investment law, international financial law, international taxation law and dispute-settlement proceedings. The Chinese municipal law concerning some of the international economic activities are provided.

 

Japan

松下満雄, 米谷三以著. 国際経済法. 東京大学出版会, 2015. (Mitsuo Matsushita, Kazumochi Kometani, eds. International Economic Law. Tokyo University, 2015.)

This book focuses on International Economic Law in particular WTO law. This book covers history of international law, tariffs, safeguards, SCM, anti-dumping, GATs, TRIPs, FTA and preferential duty.

 

中川淳司, 清水章雄, 平覚, 間宮勇著. 国際経済法. 第2版. 有斐閣, 2012. (Junji Nakagawa, Akio Shimizu, Satoru Hirai and Isamu Mamiya, eds. International Economic Law. 2nd ed. TOKYO: Yuhikaku, 2012.)

This book focuses on WTO law. The book also covers International investment law, International competition law, Internatioanl tax law and International economic criminal law.

 

村瀬信也, 日本国際経済法学会編. 国際経済法講義1. 法律文化社, 2012. (Shinya Murase, The Japan Association of International Economic Law, eds. Lecture of International Economic Law 1. Horitsu Bunkasya, 2012.)

This book gives an overview of International Trade Law. Particulary focucus on Regional Economic Integration Law, International Investment Law and International Competition Law. This book is written from a Japanese perspective.

 

小室程夫著. 国際経済法. 東信堂, 2007. (Norio Komuro. International Economic Law. TOKYO: Toshindo, 2007.)

This book covers WTO law and dispute settlement.

 

小室程夫著. ゼミナール国際経済法. 日本経済新聞出版社, 2003. (Norio Komuro. International Economic Law. TOKYO: Nikkei Publishing, 2003.)

This book is an introductory work covering International trade law including GATS and TRIPs, and International Tax Law with reference to case law.

 

Korea

이재민. 금융위기 극복을 위한 정부 및 기업의 조치와 국제통상법. 박영사, 2016. (Jaemin Lee. The Measures for Overcoming Financial Crisis and International Economic Law. Seoul, Korea: Bakyoungsa, 2016.)

This book is seeking solutions for overcoming international financial crisis, such as the 2008 financial crisis, within the framework of International Economic Law, including comparative State practices and financial crisis within the framework of international trade law.

 

일본국제경제법학회. 국제경제법의 쟁점. 박덕영 외 3인 역. 서울: 박영사, 2014. (Japanese Society of International Economic Law. Issues of International Economic Law. Park, Translated by Park, Deok

Young et al. Seoul, Korea: Bakyoungsa, 2014.)

The original text of this book is International Economic Law from the conference hosted by Japanese Society of International Economic Law celebrating 20th anniversary of the foundation.

This book is a compilation of several chapters on different subjects in International Trade Law, Regional Economic Integration Law, International Investment Law, and International Competition Law by prominent Japanese scholars.

 

박노형 외 27명. 신 국제경제법. 박영사, 2013. (Nohyoung PARK et al. International Economic Law. Seoul, Korea: Bakyoungsa, 2013.)

This is a widely used International Economic Law textbook for students and beginners in Korea. The 28 authors are well known professors and scholars in this field. It has 821 pages. Most of the chapters are dealing with WTO law and only one chapter on International Financial and Investment Law. The last chapter introduces new issues relating to International Trade, such as ‘Climate Change and International Trade Agenda’, ‘Digital Contents and International Trade Matters’, and ‘Competition Policy and International Trade Matters’.

 

Literature with a regional focus

Won-mog Choi, eds. International Economic Law: The Asia-Pacific perspectives. Cambridge Scholars Publishing: 2015.

This edited volume focuses on developments in world trade law during the past 20 years of the WTO era. It contains papers of several specialists from the Asia-Pacific region. The papers were originally presented at the conference on The WTO at 20 and the Future of International Law on Trade, Investment and Finance in 2013.

 

Jiaxiang Hu, Matthias Vanhullebusch, eds. Regional Cooperation and Free Trade Agreement in Asia. Leiden: Martinus Nijhoff, 2014.

Several experts elaborate on the international trade regulating system in the Asian region, especially China and its neighboring countries. The work is divided as follows: Part I: China’s Role Within Regional Trade; Part 2: China and Transpacific Partnership focusing on TPP; Part 3: Free Trade Between China, Japan and Korea through analyzing several existing FTAs; Conclusion: Future Perspectives on Asian Regional Trade.

 

Journals

China WTO经济导刊, 2002- (China WTO Tribune.) http://www.wtoguide.net/

The China WTO Tribune is published by the Ministry of Foreign Trade and Economic Cooperation (MOFTEC). The government launched the journal to provide both Chinese and overseas governments with authoritative information and as a to guide research.

国际经济法学刊, 1998- (Journal of International Economic Law.) http://www.cnki.com.cn/Journal/G-G2-GJJF.htm

The journal of international economic law was founded by the Xiamen University Institute of International Economic Law, in 1998, and is published by the Beijing University Press. The journal is a national, open platform for all professional academic research in international economic law.

 

Japan

日本国際経済法学会年報, 1992- (The Japan Association of International Economic Law Year Book.) http://www.jaiel.or.jp/nenpou/

This journal is published by the Japan Association of International Economic Law.

時と法令, 1953- (Tokito Hourei.) http://www.garyusha.com/wp/

This journal is published by a Japanese government organization. It is published semi-monthly and covers both issues related to International Economic Law and domestic law.

ジュリスト, 1952- (Jurist.) http://www.yuhikaku.co.jp/jurist

Covers domestic as well as international economic issues.

法律時報, 1929- (Horitsu jiho.) https://www.nippyo.co.jp/shop/magazine/7307.html

This is one of the oldest specialized Journals of law since 1929. It is published on a monthly basis and covers not only domestic law but also International Law and International Economic Law.

 

Korea

국제경제법연구, 2003- (Korean Journal of International Economic Law.) http://www.ksiel.or.kr/sobis/kjiel.jsp

The Korean Society of International Economic Law publishes this journal three times a year (on March, July, and November). It is considered to be a prestigious journal in Korea.

공정무역연구, 2001- (Trade Remedy Review.) http://www.fairtrade21.com/

This journal is published by the International Society of Fair Trade twice a year. It is aimed not only at specialists and practitioners but also the public.

 

통상법률, 1995- (International Trade Law.) http://www.moj.go.kr/HP/COM/bbs_03/BoardList.do?strOrgGbnCd=100000&strRtnURL=MOJ_10201040&strFilePath=moj/&strNbodCd=noti0021

This journal is published by the International Legal Affairs Division of the Ministry of Justice on a bimonthly basis. It normally focuses on contemporary issues that concern Korea.

 

Datasets

China

中国法律知识资源总库. (CHINESE LEGAL KNOWLEDGE INTEGRATED DATABASE,CLKD.) http://en.oversea.cnki.net/law/default.aspx

China Legal Knowledge Integrated Database is a serial e-publication. It comprises three sub-databases, Literary Papers, Cases, Laws and Regulations.

 

中国法律法规数据库. (China Laws & Regulations Database,CLRD.) http://c.wanfangdata.com.cn/Claw.aspx

This on-line database is the collection of the laws and regulations of China from 1949.

北大法律英文网. (China Law Information.) http://www.lawinfochina.com/

This online legal database includes laws, regulations, journal articles, legal news, affiliated with the Peking University Law School.

国家税务总局. (State Administration of Taxation.) http://www.chinatax.gov.cn

This website sets out Chinese domestic taxation laws and state practice relevant to taxation. Agreements for the Avoidance of Double Taxation and Agreements for the Exchange of Information Relating to Taxes concluded by China are also to be found in the treaty section.

 

厦门大学国际税法与比较税制研究中心. (Center for International Tax Law & Comparative Taxation,Xiamen University.) http://www.citact-xmu.com

This center is a prestigious and long-established institution by Xiamen University specializing in the research on international tax law, Chinese foreign-related tax law and comparative taxation. It offers substantial teaching material on international tax law as well as the latest research outcome by the member of the center on its website.

中国税网. (China Tax News.) http://www.ctaxnews.com.cn

This is the official website of Chinese state newspaper China Tax News published in Chinese under the auspices of State Administration of Taxation. Chinese tax laws and policies of particular interest to foreigners can be found in its “international” section.

 

Japan 外務省. (Ministry of Foreign Affairs Japan.) http://www.mofa.go.jp

This site has original text of trade agreements and International trade/economic laws of Japan.

日本貿易振興機構. (Japan External Trade Organization.) http://www.jetro.go.jp

The site contains overall data about Japan's exports and imports, data about tariff rates and Investment attraction policies of Japan.

法務部. (Ministry of Justice.) http://www.moj.go.jp/ENGLISH/index.html

This site has Japanese domestic laws and International agreements of concern to Japan.

国際経済法研究会. (Study Group on International Economic Law.) http://ielawjp.com

This site covers Japanese scholarship including articles of the group on WTO law.

 

独立行政法人経済産業研究所. (Research Institute of Economy, Trade and Industry.) http://www.rieti.go.jp/jp/

On this site publications registered with RIETI can be searched. Covers the disparate branches of international economic law.

 

Korea 대한민국 FTA 포털. (FTA Portal, Korea.) http://www.fta.go.kr/main

This site has all the current statistics and information related to FTAs including non-Korean FTAs.

 

대외경제정책연구원. (Korea Institute for International Economic Policy, KIEP.) http://www.kiep.go.kr/index.do

This is the national research and development institute of Korea. Visitors can access research papers that support national strategy in international trade, reports analyzing world economic trends, and working papers on various world trade issues including the impact of China’s economy on the rest of the world.

Yes FTA. http://www.customs.go.kr/kcshome/site/index.do?layoutSiteId=ftaportalkor

This is the information portal of FTAs operated by Korea Customs Service. Visitors can find every agreement that Korea signed and related documents and information including customs clearance and rules of origins certificates.

세계법제정보센터. (World Laws Information Center) http://newworld.moleg.go.kr/

This website provides world laws and their legal systems. And it links related websites such as Ministry offices, libraries, institutes, law schools, and courts of each country.

 

3. The Relationship between International Economic Law and Municipal Law in NEA

This section focuses on the relationship between International Economic Law and domestic law of China, Korea and Japan respectively. The section is intended mainly to give insights into the manner in which treaties are negotiated in the domestic context and how International Economic Law is received

within the domestic legal systems of the countries of NEA. Regrettably in all three countries the question of direct applicability of International Economic Law is somewhat complicated.

 

China

Xue Hanqin, Jin Qian. “International Treaties in the Chinese Domestic Legal System.” Chinese Journal of International Law (2009).

This article examines how China implements its international obligations at domestic level. XUE Hanqin, Ambassador of the People's Republic of China to ASEAN.

 

Jie Jeanne Huang. “Direct Application of International Commercial Law in Chinese Courts: Intellectual Property, Trade, and International Transportation”. Manchester Journal of International Economic Law (2008).

This article explores the relationship between China and International commercial law. It explores how Chinese courts apply international commercial law in adjudicating cases involving foreign factors.

 

Xue Hanqin et al, “National Treaty Law and Practice: China.” In National Treaty Law & Practice. Edited by Duncan B Hollis et al, Chapter 5. Martinus Nijhoff, 2005.

Chapter 5 in this work focuses on conclusion of treaties in China as well as the direct applicability of Treaties in the Chinese domestic system.

 

单文华. “中国有关国际惯例的立法评析------兼论国际惯例的适用.” 中国法学 (1997). (Wenhua Shan. “Analysis of Chinese Legislation on International Conventional Practices: on the application of international conventional practices”. China Legal Science (1997).)

This article analyses the “International conventional practice” in Chinese legislation, arguing that the conventional practices are not sources of municipal law and international law in China. This article calls for changes in domestic legislation on international conventional practices.

 

Japan

末啓一郎. “国際経済法の国内直接適用に関する諸問題.” 一橋大学 (2009). (Sue Keichitaro, “Several problems of international economic law that apply to municipal law directly.” Hitotsubashi University Vol. 509 (2009).)

This article explains the problems of applying the different WTO Agreements in Japan directly.

 

Takao Kawakami. “National Treaty Law and Practice: Japan” In National Treaty Law & Practice. Edited by Duncan B Hollis et al, Chapter 12. Martinus Nijhoff, 2005.

This work focuses on how treaties are concluded in Japan and their status in domestic law.

 

須網 隆夫.“WTOと地方自治体.” ジュリスト1254 (2003): 72~79. (Suami Takao. “WTO and

Municipal” jurist 1254 (2003): 72~79.)

This article focuses on WTO and municipal law. It explains how WTO law impacts on local self-government, and cases of conflict between municipal ordinances and WTO law.

 

Y Iwasasa. “The relationship between International Law and National Law: Japanese Experiences.” 64 BYIL (1993).

This work focuses on the relationship between WTO law and Japanese domestic law.

 

Korea

김봉철. “한국의 FTA 체결에 따른 국내법 변동.” 법학연구 (2015). (Bongchul Kim. “The changes of Korean Domestic Laws with the FTA system.” Chonbuk Law Review (2015).)

This work focuses on the need to establish the appropriate national legal Infrastructure to implement the FTAs that Korea has signed so as to protect the national system. The author gives the revision of Korean Patent Law and the Korean Civil Procedure Law as examples.

 

주진열. “국제경제법에 대한 북한의 인식.” 서울국제법연구 17.1(2010): 95-112. (Jin Yul Ju. “A study on North Korea’s Attitude Toward International Economic Law.” Seoul International Law Journal 17.1(2010): 95-112.)

This work focuses on North Korean perspectives on the International Economic Regime including trade, investment and finance with reference inter alia to its participation in different international economic organizations.

 

정경수. "국제법의 국내적용에 관한 한국의 법체계와 경험." 국제법평론. 통권 제28호. (2008): 95~125. (Kyung Soo JUNG. "Korean Legal System and Experience on Domestic Application of International Law." Korea International Law Review 28 (2008): 95~125.

This article explains how international law is received under the Korean legal system against the background of relevant case law including the differences in judicial approaches as between issues of human rights and trade.

 

4. International Trade Law in NEA

This section is mainly concerned with WTO law, including preferential trade agreements

entered into by the States in NEA. In this field, there has been much focus in all three countries. China’s foreign trade regime has been noticeably of external focus. The literature here must be considered alongside with some of the general works on International Economic Law set out above which also cover substantially on WTO law.

 

4.1. International Trade Law in NEA

 

China 侯丹丹. “中韩FTA对日本向中国货物出口的影响分析.” 现代日本经济 (2016). (HOU Dandan. “The Analysis of China-South Korea FTA Impact on Japan’s Exports to China.” Contemporary Economy of Japan (2016).)

This Paper analyzes the impact of Japan ’s exports to China while China- South Korea FTA takes effect. Hou Dandan is a researcher from Taiwan Research Institute.

 

Jeffrey J. Schott, Euijin jung, Cathleen Cimino-Isaacs. “An Assessment of the Korea China Free Trade Agreement.” Policy Brief (2015).

In this article, the authors assess the effect of Korea-China Free Trade Agreement from different perspectives including in terms of Asia-Pacific economic integration.

 

Li Yang, Feng Weijie, Huang Yanxi. “Research on the Effects of Free Trade Agreement Between China and Republic of Korea.” Northeast Asia Forum (2015).

In this article the authors focus on the Sino-ROK FTA including how it will influence China’s FTA strategy and the implementation of "One Belt One Road" Initiative.

 

Pasha L Hsieh. “China’s Development of International Economic Law and WTO legal Capacity Building.” Journal of International Economic Law (2013).

This article examines legal and institutional evolution of China’s approach to the Dispute Settlement Mechanism of WTO, finding a significant shift in China’s behavior within and toward the WTO.

 

王传丽. 国际贸易法(第五版). 法律出版社, 2012. (Wang Chuanli. International Trade Law. Law Press: 5thedition, 2012.)

This is an established textbook in international trade law in China, presenting a comprehensive exploration of the legal foundations of the discipline.

 

Graham Mayeda. “A Normative Perspective on Legal Harmonization: China's Accession to the WTO.” U.B.C. Law Review (2005).

The author addresses the compatibility of Chinese legal systems with those of the international trading regime and the desirability of legal harmonization.

王贵国. “内地与香港更紧密经贸关系安排的完善与启示.” 中国法律 (2003).

(Wang Guiguo. “Enhancement and Implications of Mainland-Hong Kong Closer Economic Partnership Arrangement.” China Law (2003).

This article analyses the Mainland-Hong Kong Closer Economic Partnership Arrangement, pointing out the opportunities and challenges faced by Hong Kong.

 

张文显. “WTO与中国法律发展.” 法治与社会发展 (2002). (Wenxian ZHANG. “WTO and the Development of Chinese Law.” Law and Social Development (2002).)

Changes in both economic sphere and social sphere in China since joining WTO evidenced further changes in Chinese law influenced by WTO. Changes in legal technique, legal profession, legal education, and so on, are analyzed.

王贵国. “从知识产权协议看世贸成员资格对两岸的影响.” 中国法律 (2001). (Wang Guiguo. “The Impact of WTO on the Mainland and Taiwan—From the Prospective of TRIPs.” China Law (2001).)

This article focuses on the impact of the WTO on China and Taiwan from the perspective of TRIPS.

 

Zheng Chengsi. “The TRIPs agreement and intellectual property protection in China.” Duke Journal of Comparative and International law (1998).

The author explores the implementation of certain provisions of the TRIPs Agreement, and then examines proposals to reform the existing intellectual property law in China.

 

Japan

小林友彦, 飯野文, 小寺智史著. WTO・FTA法入門. 法律文化社, 2016. (Tomohisa Kobayashi, Aya Iino, Satoshi Kodera, eds. Entrance of WTO-FTA Law. Horitsu Bunkasha, 2016.)

This work focuses both on WTO law and FTAs. This book mainly explains the principles and exceptions of the trade in goods in the global economic system. It also explains in detail how the WTO should be applied to Japanese companies.

 

Korea

사법연수원. 국제통상법. 사법연수원, 2015. (Judicial Research and Training Institute. International Trade Law. Judicial Research and Training Institute, 2015.)

This is the work used by the Judicial Research and Training Institute in Korea for training people in the legal profession. It covers General International Trade Law and Trade Law of US - EU and Korea.

 

강준하. “한-중 FTA 협상의 법적 쟁점-투명성, 이행, 분쟁해결제도를 중심으로.” 홍익법학 (2014). (Jun Ha Kang. “Legal Issues of Korea-China FTA negotiation: Focusing on transparency, Implementation, and Dispute Settlement Mechanism.” Hongik Law Review (2014).)

In this article, the author reviews the Transparency, Implementation, and Dispute Settlement Mechanism provisions of the Korea-China FTA.

 

박노형, 배연재. “한국의 GATT/WTO체제 경험과 국제경제법학의 발전.” 고려법학 (2014). (No Hyoung Park, Yeon Jae Bae. “Korea’s Experience in GATT/WTO and the Associated Development of International Economic Law in Korea.” Korea Law Review Vol.73 (2014).)

The authors explain the historical background of the introduction of International trade law in Korea.

 

Asif H. Qureshi, Nany Hur. “Korea’s Responses in WTO Disputes and Trade Policy Reviews: A Perspective of Non-State Actors.” Journal of Law and Legislation (2013):105-159.

In this article the authors examine how Korea has responded to various dispute settlement claims including Trade Policy Reviews of Korea taking non-State actors as their focal point.

 

최승환. “한-중 자유무역협정(FTA)상의 분쟁해결절차규칙에 대한 법정책적 제언.” 경희법학 제47권 제4호 (2012): 3-43.

(Choi, Seung-Hwan. “Rules and Procedures for the Dispute Resolution under ROK-China Proposed Free Trade Agreement: Legal and Policy Proposals” Kyung Hee Law Review Vol.47 No.4 (2012):3-43)

The author points out the importance of the Dispute Settlement Chapter of Korea-China FTA in the light of lessons from the Korea-US FTA and Korea-EU FTA.

 

Dukgeun Ahn. “Korea in the GATT/WTO Dispute Settlement System: Legal Battle for Economic Development.” Journal of International Economic Law Vol.6 (2003): 597-633.

This article focuses on Korea’s engagement in the GATT and WTO dispute settlement system.

 

Literature with a regional focus

Nany hur. “Bilateral Treaty Relations between Korea, China and Japan: Precursors of Trilateral Economic Relations in Northeast Asia.” Manchester Journal of International Economic Law (2014).

The author gives an overview of the bilateral relations as between China, Japan and Korea and explores how these could be the precursors for deeper integration between the three countries.

 

Srinivasa Madhur. “China-Japan-Korea FTA: A Dual Track Approach to a Trilateral Agreement.” Journal of Economic Integration Vol.28 No.3 (2013).

Written by an economist this paper analyses the implications of the trilateral trade agreement of China, Japan and Korea.

 

4.2. International Trade Law in relations with NEA

 

China

John Whalley, Chunding Li. “China and the Trans-Pacific Partnership Agreement.” CIGI PAPERS SERIES (2016).

This paper discusses China’s possible trade strategy in light of the TPP, concentrating on three main issues of the TPP namely security of market access, the standard of TPP agreement and the ratification process in all 12 member countries.

 

Shintaro Hamanaka. “Trans-Pacific Partnership versus Regional Comprehensive Economic Partnership: Control of Membership and Agenda Setting.” ADB Working Paper Series on Regional Economic Integration (2014).

This paper reviews the development of TPP and RCEP from the standpoint of membership (especially exclusion) and agenda setting, and discusses the rivalry between the PRC, Japan and the USA.

 

何力. “TPP与中国的经济一体化法动向和对策.” 政法论丛 (2011). (He Li. “TPP and China’s Economic Integration Law Development or Countermeasures.” Journal of Political Science and Law (2011).)

This article discusses why and what should China do to review its measures of economic integration on a strategic level, and actively respond to new challenges brought by TPP from the perspective of law. Professor He Li comes from Law School of Fudan University, Shanghai

 

Francis Snyder. “China, Regional Trade Agreements and WTO Law.” Journal of World Trade (2009).

This article analyses China’s RTAs, compares rules of origin, safeguards, and dispute settlement mechanisms in selected RTAs; and evaluates them from the standpoint of WTO law.

 

Jinyan Li. “Relationship between international trade law and national tax policy: case study of China.” Bulletin for international taxation (2005).

This article discusses the aspects of China’s tax policy which may conflict with the WTO rules, and analyses the tax policy implications of China’s accession to the WTO.

王贵国. “中美纺织品争议的法律视角.” 国际贸易 (2005). (Wang Guiguo. “Analysis on textile trading conflict between China and America - from the perspective of international law.” International Trade (2005).)

This article focuses on the conflict between China and USA in trade in the textile sector. The author pointed out that China should get away from the traditional mindset, and take much more positive ways to solve the conflict.

 

Japan

日本国際経済法学会年報. “環太平洋パートナシップ協定.” 日本国際経済法学会年報 (2004). (The Japan Association of International Economic Law Year Book. “Trans-Pacific Partnership (TPP).” The Japan Association of International Economic Law Year Book (2004).).

The focus here is on the relationship between Japan and TPP including the impact of its acceptance.

 

Korea

조영진. “세 건의 GAT/WTO 한국 쇠고기 분쟁에 대한 연구.” 국제경제법연구 (2011). (Cho Youngjeen. “Beef Wars Trilogy-An Analysis on the Three GATT/WTO Korean Beef Disputes.” Korean Journal of International Economic Law Vol.9 No.2 (2011).)

The author reviews the changing landscape of the three law suits that US, Canada, Australia and New Zealand have filed against South Korea during the past 30 years.

 

김인숙. “한국-ASEAN FTA 투자협정의 주요 쟁점과 국내적 시사점.” 국제경제법연구 (2010). (In-Sook Kim. “The Controversial Issues in the Korea-ASEAN FTA Investment Agreement.” Korean Journal of International Economic Law Vol.8 No.1 (2010).)

The author highlights the need for further analysis of Korea-ASEAN FTA to further implementation and so as to minimize possible disputes. The work covers the process of negotiation of the agreement and contains analysis of the agreement and its implication for existing domestic legislation.

 

강준하. “한국-미국 FTA 분쟁해결절차에 관한 연구.” 통상법률 통권 제89호. 법무부 (2009).

(Kang Jun-Ha. “Korea-US FTA Dispute Settlement Mechanism.” International Trade Law Vol.89 (2009).)

This article focuses on the Dispute Settlement Mechanism of Korea-US FTA against the background of the WTO dispute settlement system.

 

유준구, 김대식. “향후 한국 FTA 정부조달분야 협상의 쟁점 검토: 호주/뉴질랜드, GCC와 FTA 사례를 중심으로.” 국제경제법연구 (2009). (Joonkoo Yoo, Daesik Kim. “Issues on the Government Procurement Negotiation - Focusing on the Korea·Australia/New Zealand FTA, and Korea·GCC FTA Practices.” Korean Journal of International Economic Law Vol.7 No.2 (2009).)

This article reviews Government Procurement in FTA negotiations between Korea-Australia/New Zealand and Korea-GCC, and sheds light on the procurement provisions in the agreements.

 

5. International Investment Law in NEA

Most of the focus on international investment law of note is of very recent origin, and is preoccupied both with investor State dispute and substantive standards in bilateral investment agreements.

 

China

Qianwen Zhang. “China’s “new normal” in IIAs.” Columbia FDI Perspectives (2016).

Chinese president Xi stated that Chinese economy is experiencing a “new normal” as its growth rate has slowed, this article explores the shift and influence on China’s evolving approach to International Investment Agreements(IIAs).

吴岚. “公平公正待遇的要素分析——以中美BIT第13轮谈判为视角.” 国际经济法学刊 (2015). (Wu Lan.

“Analysis of Elements of Fair and Equitable Treatment: From the Perspective of the 13th Round Negotiation of China-U. S. BIT.” Journal of International Economic Law (2015).)

This article focuses briefly on the elements of fair and equitable treatment through the practice of international investment arbitration in the context of the China-US BIT negotiations.

Odysseas G. Repousis. “On Territoriality and International Investment Law: Applying China's Investment Treaties to Hong Kong And Macao.” Michigan Journal of International Law (2015).

This article deals with issues of jurisdiction ratione personae and focuses on the nationality of legal entities to the extent it relates to the notion of territory.

 

Axel Berger, Max Buge. “Determinants of International Investment Agreements: the case of China.” German Development Institute (2014).

This work focuses on some major aspects of China’s investment policy making over time and the key trends with regard to the content of Chinese investment agreements.

INTERNATIONAL LAW IN NORTH EAST ASIA FORUM (ILNEAF)
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