The China-Australia Free Trade Agreement

A 21st-Century Model
Erscheinungsjahr 2018
ISBN: 978-1-5099-1538-5
Verlag: Bloomsbury Academic

Buch, Englisch, 384 Seiten, Hardback, Format (B × H): 160 mm x 236 mm, Gewicht: 739 g

Reihe: Studies in International Trade and Investment Law

This book provides readers with a unique opportunity to learn about one of the new regional trade agreements (RTAs), the China-Australia Free Trade Agreement (ChAFTA), that has been operational since December 2015 and is now at the forefront of the field. This new agreement reflects many of the modern and up-to-date approaches within the international economic legal order that must now exist within a very different environment than that of the late eighties and early nineties, when the World Trade Organization (WTO) was created. The book, therefore, explores many new features that were not present when the WTO or early RTAs were negotiated. It provides insights and lessons about new and important trade issues for the twenty-first century, such as the latest approaches to the regulation of investment, twenty-first century services and the emerging digital/knowledge economy. In addition, this book provides new understandings of the latest RTA approaches of China and Australia. The book's contributors, all foremost experts on their subject matter within this field, explore the inclusion of many traditional trade and investment agreement features in the ChAFTA, showing their continuing relevance in modern contexts.

Autoren/Hrsg.

Picker, Colin

Ortino, Federico

Wang, Heng

Zhou, Weihuan

Marceau, Gabrielle

Shaffer, Gregory

Schefer, Krista Nadakavukaren

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Asien (inkl. Türkei und Naher Osten)
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht

Inhaltsverzeichnis

Part I: An Introduction to ChAFTA
1. Australia, China and ChAFTA: Punching Above both Belt and Weight
Colin B Picker
2. An Analytical Introduction to ChAFTA: Features and Challenges
Heng Wang
Part II: The Contexts within which ChAFTA exists
3. A Comparative Context: Ensuring Australian and Chinese Legal Systems Coexist to Facilitate Harmonious and Trustworthy Trade
Nicholas Morris
4. ChAFTA's External Impact on Related Mega-FTAs
Chang-fa Lo
5. The China-Australia FTA and Australia's FTAs with Other Asian Countries: Their Implications for Future SOE Regulation
Takemasa Sekine
Part III: Insights and Lessons for Trade in Services
6. Services Liberalisation in ChAFTA: Progress Assessment and the Way Forward
Jingxia Shi
7. Culture-Oriented Mode 4 under ChAFTA: Policy Considerations
Shin-Yi Peng, Han-Wei Liu and Ching-Fu Lin
8. Breakthrough or Standstill? China's Liberalisation of Legal Services under ChAFTA
Weihuan Zhou and Junfang Xi
9. Trade in Education Services under ChAFTA: What does it Mean for Australia?
Eva Chye
Part IV: Insights and Lessons for the Regulation of Investment
10. Substantive Provisions in ChAFTA's Investment Chapter
Vivienne Bath
11. Australia, China and the Coexistence of Successive International Investment Agreements
Tania Voon and Elizabeth Sheargold
12. A Comparative Review of the Investor-State Arbitration Clause in ChAFTA from China's Perspective: Moving Forwards or Sideways?
Shu Zhang
13. Investor-State Dispute Settlement and the Australian Constitutional Framework
Lisa Burton Crawford, Patrick Emerton and Emmanuel Laryea
Part V: Insights and Lessons on IEL and the Knowledge Economy
14. E-Commerce in ChAFTA: New Wine in Old Wineskins?
Henry Gao
15. Expanding the E-Commerce Chapter in ChAFTA: A Green Box, Orange Box and Red Box Approach
Jie (Jeanne) Huang
16. The Ideas Boom: The Innovation Economy in the Post-ChAFTA Australia-China Relationship
Ken Shao

Über Autor(innen)

Picker, Colin
Colin Picker is Professor of Law and the Dean of the School of Law at the University of Wollongong in New South Wales, Australia.

Wang, Heng
Heng Wang is Associate Professor at the Faculty of Law, University of New South Wales.

Zhou, Weihuan
Weihuan Zhou is Associate Professor, Director of Research, and an inaugural member of the Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre at the Faculty of Law and Justice, UNSW Sydney, Australia.

His research explores the most current and controversial issues in the field of international economic law (IEL), particularly the nexus between international trade law and China. His work has appeared in all top journals in the field and in some of the best journals in the broader field of international law (such as the American Journal of International Law and International & Comparative Law Quarterly). His work has been cited widely, including in European Parliament briefings and reports of the Parliament of Australia and Australia's Productivity Commission, and by leading scholars in the field.

Dr Zhou has taken a number of senior roles internationally, including a former Executive Council Member and currently co-Secretary of the Society of International Economic Law (SIEL). Dr Zhou is a qualified lawyer in Australia and consults for governments and major companies on trade remedy cases and other cross-border trade issues as well as general commercial and foreign investment matters.

Colin B Picker, Heng Wang and Weihuan Zhou are all Members of UNSW Law's China International Business and Economic Law (CIBEL) Initiative.