This book illustrates how the constitutional feature of the WTO - allowing separate customs territories to become a Member - brings about the coexistence of China, Taiwan, Hong Kong and Macau (the Greater China) in the WTO. It examines the economic integration and the dispute settlement systems within Greater China. It explores their interactions within the multilateral WTO framework, their practices under the new genre of FTA, and their policies in adopting trade defence measures against each other. This book offers a good case study on the impact of WTO membership upon domestic reform and…mehr
This book illustrates how the constitutional feature of the WTO - allowing separate customs territories to become a Member - brings about the coexistence of China, Taiwan, Hong Kong and Macau (the Greater China) in the WTO. It examines the economic integration and the dispute settlement systems within Greater China. It explores their interactions within the multilateral WTO framework, their practices under the new genre of FTA, and their policies in adopting trade defence measures against each other. This book offers a good case study on the impact of WTO membership upon domestic reform and how it contributes to regional integration. It also provides a comprehensive analysis on the existing provisions in the WTO agreements pertaining to judicial review.
Chien-Huei Wu, Ph.D. (2009) in Law, European University Institute, is Assistant Research Fellow at Academia Sinica. He has published extensively on international trade law and EU external relations law, including a book chapter in EU External Relations - Law and Policy in the Post-Lisbon Era (TMC Asser/Springer).
Inhaltsangabe
List of Acronyms and Abbreviations Table of Legislation Table of Cases
Chapter I: Introduction I. Different roads to Geneva: Legal Bases and Accession History II. The Four Members of the Greater China in the WTO III. The Structure of the Work
Chapter II Effective Judicial Review in External Trade Relations in the Greater China I. Closer Economic Interdependence gives Rise to Trade Disputes II. Effective judicial review and implementation of the WTO agreement III. The Contribution of Strengthened Judicial Protection to The Greater China IV. Short Conclusion
Chapter III WTO Constitutionalism and its Contribution to Judicial Settlement of Trade Disputes in the Greater China I. Introduction II. Three Versions of Constitutionalism in the WTO III. The Pursuit Of WTO Constitutionalism and Its Contribution to Judicial Settlement of Trade Disputes in Greater China IV. Short Conclusion
Chapter IV Domestic Judicial Review in WTO Agreements I. Introduction II. Article X: 3 of GATT 1994 and Annexed Agreements III. Article 13 of Anti-Dumping Agreement and Article 23 of Agreement on Subsidies and Countervailing Measures IV. Article 11 of Agreement on Customs Valuation and Article 3(5) of Agreement on Import Licensing Procedures V. Article VI:2 of the GATS VI. TRIPS Agreement VII. Article 4 of Pre-Shipment Inspection Agreement VIII. Article XX of Government Procurement Agreement IX. Short Conclusion
Chapter V Judging Judges: China's WTO Obligation to Provide An Independent and Impartial Judicial Review I. Introduction II. China's obligation to provide an independent and impartial judicial review III. Global and Regional Standards on Independence and Impartiality IV. Judicial Review in China: Law and Practice V. Short Conclusion
Chapter VI Twenty Years After Liberalisation: Is it Time for Taiwan's Courts to Face with Cross-Strait Trade? I. Introduction II. The legal Status of WTO Agreement in Taiwan's Constitutional Framework III. Constitutional/Legal Framework Governing (Trade) Relations with China IV. Case Study in Relation to Chinese Education Services and Recognition Diplomas of Chinese Diplomas V. Short Conclusion
Chapter VII Trade Dispute Resolution Between China and Taiwan: An indirect Approach through Third Party Participation I. Introduction II. Interaction between China and Taiwan within the WTO Dispute Settle Mechanism III. Dispute Settlement Mechanism in Bilateral Taiwan-China Agreements IV. Trade Disputes Between China and Taiwan at the National Level V. Conclusion
Chapter VIII One Country, Two Systems, and Three Memberships: Trade Dispute Resolution Between China and Hong Kong and Macau I. Introduction II. Constitutional/National Law Framework III. The WTO/CEPA Framework: One Country, Two Systems, Three Memberships IV. Short Conclusion
Chapter IX Neither National Nor International: Trade Dispute Resolution between Taiwan and Hong Kong and Macau I. Introduction II. The Haunted China Factors: Taiwan-Hong Kong Negotiation on the Freedom of The Air as An Example III. Trade dispute resolution between Taiwan and Hong Kong and Macau IV. Conclusion
List of Acronyms and Abbreviations Table of Legislation Table of Cases
Chapter I: Introduction I. Different roads to Geneva: Legal Bases and Accession History II. The Four Members of the Greater China in the WTO III. The Structure of the Work
Chapter II Effective Judicial Review in External Trade Relations in the Greater China I. Closer Economic Interdependence gives Rise to Trade Disputes II. Effective judicial review and implementation of the WTO agreement III. The Contribution of Strengthened Judicial Protection to The Greater China IV. Short Conclusion
Chapter III WTO Constitutionalism and its Contribution to Judicial Settlement of Trade Disputes in the Greater China I. Introduction II. Three Versions of Constitutionalism in the WTO III. The Pursuit Of WTO Constitutionalism and Its Contribution to Judicial Settlement of Trade Disputes in Greater China IV. Short Conclusion
Chapter IV Domestic Judicial Review in WTO Agreements I. Introduction II. Article X: 3 of GATT 1994 and Annexed Agreements III. Article 13 of Anti-Dumping Agreement and Article 23 of Agreement on Subsidies and Countervailing Measures IV. Article 11 of Agreement on Customs Valuation and Article 3(5) of Agreement on Import Licensing Procedures V. Article VI:2 of the GATS VI. TRIPS Agreement VII. Article 4 of Pre-Shipment Inspection Agreement VIII. Article XX of Government Procurement Agreement IX. Short Conclusion
Chapter V Judging Judges: China's WTO Obligation to Provide An Independent and Impartial Judicial Review I. Introduction II. China's obligation to provide an independent and impartial judicial review III. Global and Regional Standards on Independence and Impartiality IV. Judicial Review in China: Law and Practice V. Short Conclusion
Chapter VI Twenty Years After Liberalisation: Is it Time for Taiwan's Courts to Face with Cross-Strait Trade? I. Introduction II. The legal Status of WTO Agreement in Taiwan's Constitutional Framework III. Constitutional/Legal Framework Governing (Trade) Relations with China IV. Case Study in Relation to Chinese Education Services and Recognition Diplomas of Chinese Diplomas V. Short Conclusion
Chapter VII Trade Dispute Resolution Between China and Taiwan: An indirect Approach through Third Party Participation I. Introduction II. Interaction between China and Taiwan within the WTO Dispute Settle Mechanism III. Dispute Settlement Mechanism in Bilateral Taiwan-China Agreements IV. Trade Disputes Between China and Taiwan at the National Level V. Conclusion
Chapter VIII One Country, Two Systems, and Three Memberships: Trade Dispute Resolution Between China and Hong Kong and Macau I. Introduction II. Constitutional/National Law Framework III. The WTO/CEPA Framework: One Country, Two Systems, Three Memberships IV. Short Conclusion
Chapter IX Neither National Nor International: Trade Dispute Resolution between Taiwan and Hong Kong and Macau I. Introduction II. The Haunted China Factors: Taiwan-Hong Kong Negotiation on the Freedom of The Air as An Example III. Trade dispute resolution between Taiwan and Hong Kong and Macau IV. Conclusion
Chapter X Conclusion and the Way Forward
Bibliography
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