Taming Leviathan as Merchant: Lingering Questions about the Practical Application of Trans-Pacific Partnership's State-Owned Enterprises Rules
| Autor: | Mitsuo Matsushita, C. L. Lim |
|---|---|
| Rok vydání: | 2019 |
| Předmět: |
050502 law
Economics and Econometrics media_common.quotation_subject 05 social sciences Work (electrical) State (polity) Political science General partnership 0502 economics and business Political Science and International Relations 050207 economics Trans pacific partnership Treaty China Leviathan Law Rivalry 0505 law Law and economics media_common |
| Zdroj: | World Trade Review. 19:402-423 |
| ISSN: | 1475-3138 1474-7456 |
| Popis: | The suspended provisions of Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP will not substantially affect the Trans-Pacific Partnership (TPP) Chapter 17 on State-owned enterprises (SOEs). As a consequence, the original TPP scheme remains an important treaty model and poses complex questions notwithstanding a growing literature. This article discusses TPP but unlike current writings which focus on comparative treaty methods of SOE regulation, we focus on how TPP/CPTPP will actually operate, paying attention to how its framers have defined an SOE not least in how they have viewed complex crossholdings, excluded non-profits, and preserved a role for State monopolies. Our answers differ from some of the existing literature – particularly on complex cross-holdings. We also provide detailed illustrations of how TPP's non-discrimination, commercial basis, and non-commercial assistance rules might work and comment on the chances of a rule cascade triggered by TPP, particularly in the current state of heightened Sino-American rivalry and allegations of State control in China's economy. |
| Databáze: | OpenAIRE |
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