Full Description
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.
Contents
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
