The operation of soes is also supported by a complex

  • No School
  • AA 1
  • 25

This preview shows page 15 - 16 out of 25 pages.

The operation of SOEs is also supported by a complex range of preferences, national standards, cyber theft, and use of government procurement and regulation to ensure that private and foreign traders’ and investors’ ability to compete is curtailed. The development of regulations and standards is another tool of state control used to benefit SOEs over private and foreign investors and traders. 57,58 As rule of law in China often means the fiat of government officials, domestic courts are usually unwilling to overturn administrative decisions or to sanction government and party officials who breach the law. 59 Central control is further reinforced through the role of guanxi (i.e., the system of social networks and influential relationships that facilitate business and other dealings) in the judicial system. 60 Compounding this is the prevalence of corruption and informality as alternative means of settling disputes. 61 56 Allen, Jamie, and Li Rui (Nana Li). Awakening Governance: The evolution of corporate governance in China. Hong Kong: Asian Corporate Governance Association (ACGA), 2018. . 57 Chen, Jianfu. “The Transformation of Chinese Law: Mark II.” Hong Kong Law 45, Part 3 (2015): 911:94. 58 Morrow, Judith A., Sida Liu, and Benjamin van Rooij. “Lawyer Discipline in an Authoritarian Regime: Empirical Insights from Zhejiang Province, China.” Georgetown Journal of Legal Ethics 30, no. 2 (Spring 2017): 267-300. 59 Cui, Wei, Jie Cheng, and Dominika Wiesner. “Judicial Review of Government Actions in China.” (May 31, 2018). 60 He, Xin, and Kwai Hang Ng. “‘It Must Be Rock Strong!’: Guanxi’s Impact on Judicial Decision-Making in China.” The American Journal of Comparative Law 65, no. 4 (December 31, 2017): 841-871. 61 Cui, Wei. “Does Judicial Independence Matter? A Study of the Determinants of Administrative Litigation in an Authoritarian Regime.” University of Pennsylvania Journal of International Law 38, no. 3 (2017): 941-998. The importance of the WTO to resolving U.S.-China trade tensions China’s economic system places a number of acute stresses on the WTO. China undertook significant commitments as part of its WTO accession in 2001, yet developments in the Chinese economic system make it increasingly difficult to enforce its WTO commitments. In addition, China’s economic model presents new challenges not anticipated at the time of its accession. This comes at a time of skepticism of the capacity of the WTO as an institution—both in terms of the rules and the dispute settlement system—to deal with the magnitude of the China challenge. The last multilateral trade round, the Doha Development Agenda, was shelved after over ten years of negotiations. Attempts at concluding various plurilateral agreements in areas such as services and environmental goods have stalled, among other things.
Image of page 15

Subscribe to view the full document.

Image of page 16
  • Fall '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes