双边投资协定中的国有企业问题

Xinquan Tu, Nan Sun, Z. Dai
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引用次数: 0

摘要

一旦中国坐到谈判桌前,特别是与美国的谈判桌上,国有企业的问题就永远不会消失。16年前,当中国希望加入多边贸易体制时,根据GATT1994第17条,中国的加入议定书中有针对国有贸易企业的专门条款。而在2008年重启的中美双边投资协定(BIT)谈判中,国企问题再次被提上谈判桌,似乎成为阻碍谈判的关键。然而,随着经济规模的上升和在全球贸易和投资中的领先地位,中国对国有企业的承诺似乎不满意,就像16年前在WTO谈判中所做的那样。在国有企业问题上推进BIT谈判需要新的解决方案
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Issues on SOEs in BITs
The issue on state-owned enterprises (SOEs) has never gone away once China began sitting around the negotiating table, especially with the United States. Sixteen years ago, when China was expecting to enter the multi-lateral trading system, there were special sections for state trading enterprises in its accession protocol in accordance with Article XVII in GATT1994. While in bilateral investment treaty (BIT) negotiation with the US, which was reignited in 2008 and has undergone twenty-nine rounds of talks, the issue of SOEs was brought up to the table again and seemingly became a key point blocking the negotiation. However, with uprising economy scale and front-ranking position in global trade and investment, it seems unsatisfying of China to give the same commitments concerning SOEs as it did in WTO negotiation which was sixteen years ago. To put the BIT negotiation forward on the SOE issue needs new solutions
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