Thèses sur le sujet « Trade regulation – China »

Trade relations between the People's Republic of China ("PRC") and the Republic of China ("ROC") on Taiwan are complex because of their incompatible trade regimes, diverse political perspectives, different stages of economic development, and contrasting ideologies for legal arrangements. The central theme of this study is to propose solutions to regulate such complex trade relations. It also provides an analysis with respect to the substantive and procedural arrangements of a trade agreement between the PRC and the ROC. The study is divided into six chapters. Chapter one presents a factual background of PRC-ROC political and economic relations. Chapter two examines the main inconsistencies of PRC-ROC trade and economic regimes, which include problems such as the conflicting perspectives between trade liberalization and political control, the incompatibilities between centrally-planned and market economies, and the functions and limitations of legal arrangements for trade between both governments. Chapters three and four deal with the issues of trade restrictions for national security and foreign policy purposes as well as the prevention of market disruption. Chapter five discusses the impacts and applications of multilateral, regional and bilateral mechanisms for arranging PRC-ROC trade relations. Chapter six focuses on the procedural arrangements for concluding multilateral and bilateral trade agreements between the PRC and the ROC. This study concludes that a liberal perspective is an essential approach to maximize the economic benefits of PRC-ROC trade. Such an approach, however, may face difficulties such as governmental interventions which are sometimes inevitable for national security and foreign policy concerns. This study further indicates that political controls on trade activities between both governments should have limitations in order not to impair their own interests. On a long-term basis, PRC-ROC trade relations need to be liberalized and legalized. This study shows that the GATT system is the most appropriate mechanism in achieving the above purpose. Another option, which is available in case the GATT system breaks down, is the setting up of a regional or bilateral program to promote the regional or bilateral trade interests of the PRC and the ROC. It is hopeful that this study may serve two purposes. On a concrete level, it could provide a case study on the regulatory policies of PRC-ROC trade relations and propose alternative structures for future development. On a more general level, it could contribute to a better understanding of the nature and scale of the problems involved in the effort of linking two different types of economies, compounded by many aspects of conflicting political, economic, and legal characteristics.

Germany’s economic dominance in Europe, generous investment incentives, and technical manufacturing prowess has encouraged an influx of Chinese-led inbound activity, concentrated in high-tech sector mergers and acquisitions. A close examination of these M&As yields evidence of systemic Chinese state-financing through both state-owned and private vehicles that likely stems from China’s “Made in China 2025” policy, which hopes to stem capital outflow and to indigenize technological innovation. As Germany braces for what it sees to be continuous attempts by China to take patented German technology through M&As, it worries that Chinese patent law will allow for rampant patent infringement by copycat Chinese entities. This paper presents an overview of the root causes of China’s heavy economic activity in Germany, as well as an analysis of the legal concerns held by German firms based on a close reading of the Patent Law of the People’s Republic of China and strategic recommendations for German companies hoping to work with or in China.

Defence date: 19 June 2009
Examining Board: Chia-Jui Cheng, Soochow University, Taiwan; Francesco Francioni, European University Institute; Ernst-Ulrich Petersmann, European University Institute (Supervisor); Werner Zdouc, World Trade Organization
First made available online 15 March 2019
This thesis examines the constitutional significance of WTO memberships of China, Taiwan, Hong Kong, China and Macau, China and their contribution to judicial settlement of trade disputes. I firstly present the complexities of legal bases and accession histories of these four members, point to the need for a strengthened judicial protection in external trade areas, and then explain why a constitutional approach toward WTO law will contribute to judicial settlement of trade disputes and thus enhance peace and security among them. In this context, I analyze existent provisions pertaining to domestic judicial review under the WTO Agreement. I also examine the obligation to provide an independent and impartial judicial review as embodied in China's Accession Protocol by reference to global and regional standards on judicial independence and impartiality. I also explore its implication to Chinese judicial reform. In respect of Taiwan, I examine existent constitutional/legal regulatory regime on China trade policy and relevant jurisprudence. I also use a case study to illustrate how a constitutional approach to WTO law and an approach based on domestic administrative law lead to different answers. I then continue to examine existent trade settlement mechanisms at different levels. I start with trade disputes between China and Taiwan. I argue that third party participation offers a good alternative for them to interact with each other in the WTO Dispute Settlement Mechanism. Domestic judicial protection is insufficient and ineffective and needs strengthening. Given the direct transportation agreements signed in 2008, I also slightly touch upon the 'prompt negotiation' clause therein. In the case of China and Hong Kong, China and Macau, China, I conclude that there is a danger for the erosion of autonomy of these two special administrative regions from interference of the Central Authority through legislative interpretation. I also argue that these three members tend not to go for the WTO forum. In addition, the Closer Economic Partnership Arrangements should include a dispute settlement mechanism with higher degree of judicialization. Regarding Taiwan and Hong Kong, China and Macau, China, I argue that 'China factors' are of decisive importance. I then explain why the WTO forum is not preferable to these three members and why the private international law approach seems more appealing. All through this thesis, I emphasize on the importance of preserving and ensuring peace and security. A constitutional reading of their WTO memberships will help these four members to constitutionalize their external trade policy-making where judicial governance, particularly the WTO Dispute Settlement Mechanism, is underlined. Only through judicial settlement of trade disputes among these four members can the cross-strait perpetual peace be sustained.

Defence date: 15 June 2017
Examining Board: Professor Petros C. Mavroidis, European University Institute (EUI Supervisor); Professor Ernst-Ulrich Petersmann, European University Institute; Professor Robert Howse, New York University; Professor Panagiotis Delimatsis, Tilburg University
Since deeper 'open-door' domestic reform in 1992, China has consistently maintained its position as the largest foreign direct investment (FDI) recipient among developing countries. In recent years China is going global as well. Accompanied with a large amount of outbound FDI, the level of debt is also increasing. Thus it is necessary for China to adopt a sustainable development policy and behave based on rules. China needs to work with the world to promote a rules-based investment climate. At a multilateral level, China joined the World Trade Organization (WTO) in 2001 and promised general and specific obligations on market entry and non-discrimination principles. Bilaterally, only after 2001, China has started negotiating preferential trade agreements (PTAs). The first part of the thesis analyses China’s legal obligations in investment agreements in pre- and post-WTO entry phases. Chapter 1 introduces China’s investment policy before 2001. Chapter 2 clarifies China’s commitments on non-discrimination principles under the WTO agreements, especially China’s Protocol of Accession. Chapter 3 compares Chinese BITs and PTAs with regard to investment principles. The second part of the thesis concerns interpretation on substantive and procedural provisions. Chapter 4 tries to answer the question of whether and how do tribunals consider jurisprudential concepts developed in the case law of the trade regime when resolving investment cases. Chapter 5 examines different remedies in trade and investment agreements. It is important for China to keep compliance with its commitments in international agreements, otherwise, it would face countermeasures which are highly costly. Also, China can implement competition rules in its domestic market for improving firms’ efficiency. Meanwhile, a balancing approach which emphasizes corporate social responsibility is equally important for China’s companies going global.

China's clothing and textile exports have grown rapidly since the mid-1970s. This brought China into the Multifibre Arrangement (MFA) system in the late 1970s. While China benefited from the existence of MFA restrictions on other exporters in the 1970s, the MFA inflicted losses on China when the MFA restrictions became binding in the early 1980s. Simulations suggest that the MFA imposed a global welfare cost of over US$4 billion annually in the mid-1980s (an estimate which is smaller than most other contemporary estimates). Industrial and developing countries shared this loss equally. The welfare cost to China was moderate (US$l60 million a year) mainly because of its relatively small share in the world clothing and textile market. However, the MFA has become increasingly restrictive over time. The global welfare cost is growing at over 10 per cent per year, even without the increasing export volumes being taken into account. China is facing more rapid growth of restrictions than most other developing countries, and its welfare loss is growing at over 18 per cent per year, implying a doubling every four years. Thus, an early abolition of the MFA is highly desirable and necessary if its i~creasing costs are to be avoided. It is in China's interest to join a world effort to eliminate the MFA as soon as possible. The rising protection induced by the MFA also explains part of the commonly observed rapid increases in the prices of restricted exports, a phenomenon widely regarded as the outcome of MFA-induced upgrading and an offset to quota restraints. It seems that once this component of the price increases is taken into account, only limited relief on the increasing MFA cost can be expected from upgrading. For China and Hong Kong's exports to the EC, only about half of the China's clothing and textile exports have grown rapidly since the mid-1970s. This brought China into the Multifibre Arrangement (MFA) system in the late 1970s. While China benefited from the existence of MFA restrictions on other exporters in the 1970s, the MFA inflicted losses on China when the MFA restrictions became binding in the early 1980s. Simulations suggest that the MFA imposed a global welfare cost of over US$4 billion annually in the mid-1980s (an estimate which is smaller than most other contemporary estimates). Industrial and developing countries shared this loss equally. The welfare cost to China was moderate (US$I60 million a year) mainly because of its relatively small share in the world clothing and textile market. However, the MFA has become increasingly restrictive over time. The global welfare cost is growing at over 10 per cent per year, even without the increasing export volumes being taken into account. China is facing more rapid growth of restrictions than most other developing countries, and its welfare loss is growing at over 18 per cent per year, implying a doubling every four years. Thus, an early abolition of the MFA is highly desirable and necessary if its i~creasing costs are to be avoided. It is in China's interest to join a world effort to eliminate the MFA as soon as possible. The rising protection induced by the MFA also explains part of the commonly observed rapid increases in the prices of restricted exports, a phenomenon widely regarded as the outcome of MFA-induced upgrading and an offset to quota restraints. It seems that once this component of the price increases is taken into account, only limited relief on the increasing MFA cost can be expected from upgrading. For China and Hong Kong's exports to the EC, only about half of the restricted product categories have showed any upgrading. Initial simulation results suggest that the trade and welfare effects of MFA-induced upgrading are small in comparison to the overall trade and welfare effects of the MFA. The impact of the MFA on China will depend on the future development of the Chinese economy. Economic reforms have stimulated China's clothing and textile exports, but supply constraints remain. Further reforms to the foreign trade system and to trade policies are necessary to increase the efficiency of China's clothing and textile production and exports. China's export prices of clothing and textiles are considerably lower than those of the newly industrialized economies (NIEs), particularly for clothing and synthetic textiles. Moving up-market while seeking diversification thus provides opportunities for further export expansion. This, however, poses serious challenges to China, given the current structure of production and trade and the problems facing the economy in general.

China permits foreign investors to establish foreign investment companies limited by shares (FICLBS) together with Chinese domestic investors after 1995. FICLBS are a new form of foreign investment in addition to Sino-foreign Equity Joint Ventures, Sino-foreign Contractual Joint Ventures and Wholly Foreign Owned Enterprises. In the meantime, FICLBS have close relations with and are strictly governed by PRC Company Law. The double nature of FICLBS accounts for many characteristics of FICLBS. As a form of foreign investment, FICLBS are based on the foreign investment regime. FICLBS are governed by the legal provisions relating to foreign investment regime. At the same time, various State and Party policies give various characteristics to FICLBS and make them different from other foreign investment enterprises. As a form of modern company, FICLBS are greatly influenced by both civil law and common law as a result of the policy of joining the world economy. This thesis focuses on the common law influences. The influences of common law on FICLBS are manifest in various respects. On the other hand, various Chinese characteristics are intentionally remained. These Chinese characteristics can be found in many important phases and aspects of FICLBS such as corporate capacity, corporate governance, shares and dividends. The contradicting characteristics of FICLBS are a product of the contradicting State and Party policies underlying them. On one hand, China adopts the opening-up policy and has been making constant efforts to join the world economy. On the other hand, China has always been trying to maintain the so-called Chinese characteristics despite the fact that there is no generally accepted definition of Chinese characteristics. Although China has always been committed to keeping its policies consistent, the unstable nature of the policy basis of FICLBS will inevitably affect the future of FICLBS. However, since the opening-up policy of China will not possibly be reversed in the future, FICLBS will remain available for foreign investors no matter how the specific policies are changed.

碩士
國立中正大學
會計資訊與法律數位學習碩士在職專班
103
Along with internationalization among financial industries across the Taiwanese Strait, Supervisory Commission officially amended the Article 16, Laws of Management on Securities and Futures Businesses and Licenses for Relevant Investments between Taiwan (R.O.C) and Mainland China (P.R.O.C) districts by 18th of March, 2015. Since then, the China government officially approve to let securities firm or its sub-company in third area and which meets provisional conditions from China authorities, apply license from authorities of either Taiwan or China government, and it can legally invest in securities or securities & fund management companies in China district.And there is a whole new breakthrough for the obstacles on services for securities and futures industries over the Taiwanese Strait. Now since the China government has already approved Taiwanese capitals to invest in securities and futures companies in China district, studying on the benefit on domestic futures businesses by personnel management will indeed help our businesses developing in China and increase the business opportunities for our industries.The flexibility on shareholding for futures organizations in China by our domestic securities businesses will help our businesses to develop more ideal business conditions and real opportunities; this will also activate performance of fund, increase sources for profitable opportunities and improve our internalization. Yet, as to that China government allows Taiwanese financial industries to invest in China’s capital market as a RMB Qualified Foreign Institutional Investors (aka RQFII), it is not one of the topics in this study. Besides, since the securities and futures market in China is considerably large, if we can practice a communication between securities & futures businesses from China and Taiwan, it will lead to a win-win prosperity for markets in both sides.And it will also improve the communications of talents across the strait by our personnel among domestic securities & futures industries gradually starting to work in China district. Therefore it is our priority to understand laws and regulations for operating futures businesses among Taiwan and China districts; and the management upon futures personnel is also something can’t be ignored. Among processes such as qualification, examination and personnel training, a slight ignorance can lead to a fine or revocation of registration, and when it is serious, the right of control and operation on the board can be taken away; so a well in-depth understanding of these regulations is required to prevent any unnecessary mistake.From our result of study, we know that there are huge differences on management styles for chairmen and supervisors in China and Taiwan, and the position Chief Risk Officer is something we never heard in Taiwan. The election and nomination needs to be reviewed and approved by China Securities Regulatory Commission, and this is very different from that Taiwanese futures businesses and legal persons can replace the legal representatives any time.Therefore, we all look forward to appropriate integrations and adjustments made by the Taiwan and China governments on relevant laws, regulations, qualifications and examinations. If we can communicate more with the China government, we can exchange our experiences and make us stronger to build a brighter prosperity for futures industries in Asia-Pacific district together.

China was admitted to the WTO after 15 years of difficult negotiation in December 2001. China committed to undertake a series of accession commitments and to open and liberalise her domestic market as required by the Protocol on the Accession of the People’s Republic of China to the WTO and the core WTO agreements, namely, General Agreement on Tariff and Trade (GATT); General Agreement on Trade in Services (GATS) and the Trade-Related Intellectual Property Rights (TRIPS). This dissertation explores why China decided to rejoin the WTO, despite what appeared to be very onerous accession commitments, and how she went about effecting changes to her trade-related laws to fit in with the requirements of the WTO laws. It argues that China’s WTO admission has been beneficial for her and that her trade liberalisation has benefited both herself and the other WTO members.

Master of Science
Department of Agricultural Economics
Tian Xia
China has always been one of the world’s largest grain producers, and Jilin is the largest grain-producing province in China. According to the Report on the Work of the Government 2018, the yield per mu (0.165 acre) has remained the first of the country for the past five years; and the grain commodity rate, the volume of transfers and the possession per capita have remained at the forefront of the country, making a significant contribution to ensuring national food security. This study is to compare efficient allocation of resources through designing a linear programming model with current allocation of resources to find out potential improvements and policy suggestions for future agricultural structure, rational cultivation of grains and market prediction for Jilin, China. In addition, this study examines what role the government regulations play in the grain production in China and how the trade war affects the grain production.

碩士
中國文化大學
法律學系碩士在職專班
103
The Sunflower Student Movement in 2014 drew attention to the Cross-Strait Service Trade Agreement (CSSTA).This thesis embraces the research in the Health and Social Services under the CSSTA, and proposes some suggestions in amending the medical law in Taiwan to countermeasure the impact of the opening market. The obligations mentioned in the General Agreement on Trade in Services (GATS) under the WTO framework may be categorized into two broad groups: General obligations and Specific Commitments. GATS distinguishes between four modes of supplying services: 1.cross-border trade,2.consumption abroad,3.commercial presence, 4.presence of natural persons. Modes 3 and 4 are related to national sovereignty and immigration policy, so the committee members are often subject to restrictions and limitations on the foreign investments. In addition , health and social services comprise of public benefit properties, so it is one of the least-committed sectors in GATS. However the WTO members all agree to gradually reduce and eliminate these nonconforming measures and facilitate progressive liberalization in services sectors. The CSSTA under the Economic Cooperation Framework Agreement (ECFA) was signed on June 21, 2013. In which Taiwan and China extended the scope of areas open for investments. The implementation of the CSSTA may help Taiwan service suppliers enter the mainland Chinese market with preferable treatment and expand their business opportunities. The thesis suggests that Taiwan government should pay attention to the incorporation of the issues(code and policy) that Taiwan service suppliers are concerned with. On the other side, the management and supervision of medical foundation hospitals in Taiwan must be strengthened by integrated regulations for market access commitments.

碩士
南台科技大學
財經法律研究所
98
This thesis explores two ongoing areas of rule-making activity under the General Agreement on Trade in Services (GATS) – emergency safeguard measures (ESM), and subsidies. It suggests that as policy makers turn their attention to a range of new issues in the context of a second set of GATS negotiations, it is essential that new impetus be given to completing what the Uruguay Round left unfinished. Furthermore, China has constructed and developed one of the biggest free trade area with its economic stability, active in participation of international economic activities and co-organization of free trade area with ASEAN, it is as important as NAFTA and EU. Thus how Taiwan is facing such situation is much important. The development of economy in Taiwan has to seek for multiple breakthroughs as well as raising innovation competence. We need to pay attention to NAFTA, EU, and China–ASEAN free trade area to construct ECFA. On the other hand, this thesis also analyses disputes settlement mechanism among Chapter 20 of NAFTA, Chapter 22 of Korea-United States Free Trade Agreement (KUSFTA), ASEAN Protocol on Enhanced Dispute Settlement Mechanism, and Agreement on Dispute Settlement Mechanism of The Framework Agreement on Comprehensive Economic Cooperation between the China and the ASEAN. It will supply Taiwan the framework in Dispute Settlement. Besides the introductory Chapter, the thesis consists of another six parts. Chapter 2 introduces the process of negotiations on ESM in GATS and the recent status of this issue, and then analyses the main proposals about ESM of trade in services in ASEAN, U.S., and Australia. Finally it clarifies the ESM of trade in services in FTAs among ASEAN, U.S., and China. Chapter 3 explains the standpoints of ASEAN, U.S., and China about the issue of subsidies in services, and then estimates the subsidies in services in FTAs of ASEAN, U.S., and China. Chapter 4 focuses on the relations between the disputes in services and the mechanism and provisions of dispute settlement among Chapter 20 of NAFTA, Chapter 22 of KUSFTA, ASEAN Protocol on Enhanced Dispute Settlement Mechanism, and Agreement on Dispute Settlement Mechanism of The Framework Agreement on Comprehensive Economic Cooperation between the China and the ASEAN. It contains the scope of application, choice of forum, the proceedings of dispute settlement, implementation of final (arbitral) award, suspension of benefits, transparency etc. Chapter 5 introduces the standpoints among Taiwan and China on the issue of ESM of trade in services and subsidies in services. Furthermore, it estimates regulations concerned in FTAs of Taiwan and China . Chapter 6 focuses on the competence of trade in services, and through it to explain the stances from GATS to FTAs among U.S., ASEAN, China and Taiwan. Finally, based on the experiences of ASEAN, U.S., and China, the last Chapter makes some conclusions and recommendations to ECFA.