AARN: International Law (Topic)最新文献

Export Credit Agencies: Fossil Fuel Exclusion Policies, Paris Alignment, and Role as Transformational Actors 出口信贷机构:化石燃料排除政策、巴黎协定和转型行动者的作用

AARN: International Law (Topic) Pub Date : 2021-02-12 DOI: 10.2139/ssrn.3784752

N. Ghaleigh

引用次数: 0

International Investment Agreements and Investor-State Arbitration in Asia 亚洲的国际投资协定和投资者-国家仲裁

AARN: International Law (Topic) Pub Date : 2020-02-26 DOI: 10.2139/ssrn.3544458

Vivienne Bath, L. Nottage

引用次数: 0

Technology Transfer under China’s Foreign Investment Regime: Does the WTO Provide a Solution? 中国外商投资体制下的技术转让:WTO是否提供了解决方案?

AARN: International Law (Topic) Pub Date : 2019-07-30 DOI: 10.2139/ssrn.3436484

Weihuan Zhou, huiqin jiang, Qingjiang Kong

{"title":"Technology Transfer under China’s Foreign Investment Regime: Does the WTO Provide a Solution?","authors":"Weihuan Zhou, huiqin jiang, Qingjiang Kong","doi":"10.2139/ssrn.3436484","DOIUrl":"https://doi.org/10.2139/ssrn.3436484","url":null,"abstract":"One of the most longstanding and significant issues in the US-China trade war and international trade regulation in general has been the so-called ‘forced’ technology transfer. To contribute to the ongoing debate over this issue, this article reviews the role of technology transfer in the evolution of China’s foreign direct investment (‘FDI’) regime over the past four decades and shows that the use of foreign investment to promote diffusion of advanced technology and knowhow in the Chinese economy has long been rooted in the heart of China’s FDI policy and remains fundamental for China’s transformation to an innovative economy. This pursuit of economic upgrade and technological advancement is not illegitimate as it is common for countries to use similar policies for similar objectives at different stages of economic development. The question is whether China has done so in breach of its WTO obligations. To answer this question, this article examines China’s new FDI regime and argues that while China has removed the controversial provisions in the relevant legislations, the regime leaves flexibility for China to ‘force’ technology transfer in practice, particularly under the security review and retaliation mechanisms envisaged in the new Foreign Investment Law (FIL). It is submitted that the best way to address these outstanding challenges would be through the dispute settlement mechanism (DSM) of the WTO as opposed to unilateral and confrontational approaches which have proven to be counter-productive. While WTO litigation is likely to be limited to ‘as applied’ claims in specific cases, systemic changes may result from a series of successful ‘piecemeal’ attacks over time. Given China’s broad WTO commitments on technology transfer, we call for an increasing use of the existing rules to address any laws and practices that ‘force’ technology transfer instead of negotiating new rules.\u0000Technology Transfer, China, Foreign Investment Law, National Security, WTO, Accession Protocol, US-China Trade War","PeriodicalId":423701,"journal":{"name":"AARN: International Law (Topic)","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128958519","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 8

A European Social Semester? The European Pillar of Social Rights in practice 欧洲社会学期?实践中的欧洲社会权利支柱

AARN: International Law (Topic) Pub Date : 2019-06-12 DOI: 10.2139/ssrn.3402869

Björn Hacker

引用次数: 14

A New Chinese Economic Order? 中国经济新秩序?

AARN: International Law (Topic) Pub Date : 2019-04-11 DOI: 10.1093/JIEL/JGAA013

G. Shaffer, Henry Gao

引用次数: 21

The Dialogue between the ECHR and the Italian Constitutional Court: The Saga of 'Giem and Others V Italy 欧洲人权法院与意大利宪法法院之间的对话:“Giem和其他人诉意大利”的传奇

AARN: International Law (Topic) Pub Date : 2019-02-17 DOI: 10.2139/SSRN.3336144

I. Motoc, Markos Volikas

引用次数: 0

Regional Caucus Groupings and the Nomination Process for Non-Permanent Members 区域核心小组分组和非常任理事国提名程序

AARN: International Law (Topic) Pub Date : 2018-04-26 DOI: 10.2139/ssrn.3169142

Yukari Iwanami

{"title":"Regional Caucus Groupings and the Nomination Process for Non-Permanent Members","authors":"Yukari Iwanami","doi":"10.2139/ssrn.3169142","DOIUrl":"https://doi.org/10.2139/ssrn.3169142","url":null,"abstract":"The selection process for non-permanent members of the United Nations Security Council (UNSC) consists of nomination and election stages. Although a great deal of research has explored the determinants of nominees and elected members, far less effort has been expended on identifying the determinants of candidates. This article conducts the first empirical analysis of the nomination process by focusing on the Asia-Pacific Group for the period 1990-2013. I demonstrate that pre-existing practices within regional groups significantly affect countries’ decisions to run and the degrees to which the preferences of UN members come into play. In the Arab Group, where countries have developed a pattern of rotation, the number of years countries have been waiting outside the UNSC is the only determinant of running for election. In contrast, in the Non-Arab Group, where pre-election contests have been observed frequently, countries’ expectations regarding the likelihood of winning at the General Assembly largely shape their decisions to run. However, the expected high returns from temporary membership occasionally drive members to make a bid despite their seemingly low probability of winning.","PeriodicalId":423701,"journal":{"name":"AARN: International Law (Topic)","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122532536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2