Asian Yearbook of International Economic Law 2022

Preface
Contents
Part I: Theory and Trends
Asian Century and Post-Pandemic Adjustments
1 A Hyper-Globalization Ride
2 The Beginnings of De-Coupling
3 Despite the Pandemic, No Globalization Unravelling
4 Recovery and Adjustments Fit for Twenty-First Century
References
Interesting Times: Soft Law in International Economic Governance
1 Introduction
2 Soft Law: An Approximation
2.1 It Is What It Is
2.2 Give Me One Good Reason
2.2.1 Less Constitutional Limitations on Executive Action
2.2.2 A Lighter Touch
3 The Success of Soft Law: The Post-GFC Global Financial Architecture
3.1 The Rulebook: The Compendium of Standards
3.2 Monitoring Mechanisms as Key Feature
3.3 Why? Why Now?
4 A Dark Side of Soft Law?
4.1 The Missing Link: Reliability and Predictability
4.2 The Use of Soft Law in the Context of the Belt and Road Initiative
4.2.1 Speak Softly
4.2.2 and Carry a Big Stick
5 Lessons to Be Learned
5.1 The Goal: Reciprocal and Mutually Advantageous Arrangements
5.2 Misplaced Confidence in the Disciplining Force of Law
5.2.1 A Coalition of the Unwilling?
5.2.2 Over-Judicialization and its Price
References
Part II: Trade and Investment
The EU-China Comprehensive Agreement on Investment: Strategic Opportunity Meets Strategic Autonomy
1 A Critical Summary of the CAI
1.1 Objectives and General Definitions
1.2 Investment Liberalisation
1.3 Regulatory Framework
1.4 Investment and Sustainable Development
1.5 Dispute Settlement
1.6 Institutional and Final Provisions
2 An Assessment of the Market Access and Rules Commitments
2.1 China´s Autonomous Liberalization
2.2 Pre-existing Commitments in Other Agreements
3 The Strategic Dimension
3.1 Inception
3.2 Negotiation
3.3 Conclusion
3.4 Ratification
4 Conclusion: Strategic Opportunity Meets Strategic Autonomy
References
Commonalities and Differences in Investment Policies and Treaty Practices: A Comparative Study of China and Japan
1 Introduction
2 China´s Investment Policy and Treaty Practices
2.1 Review of China´s Investment Policy
2.2 Review of China´s Investment Treaty Practices
3 Japan´s Investment Policy and Treaty Practices
3.1 Review of Japan´s Investment Policy
3.2 Review of Japan´s Investment Treaty Practices
4 Commonalities Between China and Japan
4.1 Investment Policy Rather Than Trade Policy
4.2 Policy Space Rather Than Investment Protection
5 Differences Between China and Japan
5.1 Japan ``Domestic Industries, not FDI´´; China ``from FDI to Domestic Industries´´
5.2 Japan ``Technology not Capital´´; China ``Technology and Capital´´
6 Conclusion
References
Investor Obligations in India´s New Bilateral Investment Treaties: Emergence of New Treaty Practice
1 Introduction
2 India´s BIT Programme: Towards Backlash
3 Draft Model BIT: Sowing the Seeds
4 The Final Model 2016 BIT and Subsequent BITs
4.1 Compliance with Domestic Laws
4.2 Corporate Social Responsibility
4.3 Usefulness of BITs Providing Investor Obligations
4.4 Counterclaims as an Entry-Point for Investor Obligations
5 Conclusion
References
Latest Developments of China´s Foreign Investment Policy and Law
1 International and Domestic Contexts
2 Liberalization of Foreign Investment: Negative List Approach
3 Establishment and Development of Pilot Free Trade Zones
4 The Chinese Foreign Investment Law
5 China´s Recent Treaty Practice in International Investment Law
6 Conclusion
References
Part III: Special Focus: Competition Neutrality
From a White Paper to a Proposal for a Regulation on Foreign Subsidies: Filling a Regulatory Gap in Protecting the EU Internal...
1 Introduction
2 Political Context
3 Economic Context
4 Regulatory Gap
4.1 EU State Aid Rules
4.2 Other EU Competition Tools
4.3 WTO Rules and the SCM Agreement
4.4 Trade Defence Instruments
4.5 FDI Screening Regulation
4.6 Public Procurement
5 Overview of the Proposed Regulation
5.1 Scope
5.2 Procedure
5.3 Assessment of the Distortion
5.4 Balancing and Redressive Measures
5.5 Sectoral Legislation
6 From the White Paper to the Proposed Regulation
6.1 Administrative Burden and Enforcement Powers
6.2 Collection of Necessary Information
6.3 Effects on Foreign Investment
7 Outlook
References
Third-Country State Aid Regulation: The European Debate on Foreign Subsidies
1 Introduction
2 State Aid Law as Fundamental Element of EU´s Economic Order
3 Reasons for a New Approach to Foreign Subsidies in the EU
4 The Current Reform Proposals
5 Possible Third-Country Reactions and Long-Term Benefits
6 Conclusions and Outlook
References
Upgrading Subsidy Norms for the Digital Age: EU White Paper´s Contribution and Remaining Questions
1 Introduction
2 Outdated and Sidelined Norms
3 Elements of Prospective Norms
4 Recent EU Initiative and Remaining Questions
4.1 Main Contents of the White Paper
4.2 Some Remaining Questions
4.3 CPTPP: A Cautionary Tale?
5 Concluding Thoughts
References
``Levelling the Playing Field´´
1 Introduction
2 The Rise of China as the Main Trading Partner of the European Union
3 Long-Term and Recent Development in World Trade
4 A Partner Becomes Also a ``Systemic Rival´´
5 Towards Fair Competition in International Markets
6 Conclusion
References
State Capitalism in ASEAN: The State-Owned Enterprises Under the ASEAN Regional Competition Policy
1 State-Owned Enterprises and Economic Policies
2 State-Owned Enterprises and Competition Law
3 ASEAN Economic Community: Regional Economic Integration Model
4 ASEAN Competition Law and Policy
5 Competition Laws in ASEAN Countries
6 State-Owned Enterprises in ASEAN Member States
7 State-Owned Enterprises and ASEAN Regional Economic Integration: Ways Forward
References
Part IV: Book Review
Gregory Shaffer, Emerging Powers and the World Trading System: The Past and Future of International Economic Law
References