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The China-Australia Free Trade Agreement: A 21st-Century Model

ISBN13: 9781509915385
Published: December 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00

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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 is on the forefront of the field - and is now operational.

This new agreement, which only came into operation in December 2015, reflects much of the most modern and up to date approaches within the international economic legal order that must exist within a very different environment than when the World Trade Organization (WTO) was created in the late eighties and early nineties.

The book's contributors, all foremost experts in their fields in the region, explore the inclusion in the ChAFTA of many traditional trade agreement features showing their continuing relevance in modern contexts. But the book also explores many new features that were not present when the WTO or early RTAs were negotiated, providing insights and lessons about those new or more 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.

International Trade, Other Jurisdictions , China, Australia
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

Series: Studies in International Trade and Investment Law

Rethinking, Repackaging, and Rescuing World Trade Law in the Post-Pandemic Era ISBN 9781509951697
To be published September 2021
Hart Publishing
Investors’ International Law ISBN 9781509937912
Published July 2021
Hart Publishing
The Regulation of Product Standards in World Trade Law (eBook) ISBN 9781509931156
Published November 2020
Hart Publishing
The Regulation of Product Standards in World Trade Law ISBN 9781509931132
Published November 2020
Hart Publishing
The China-Australia Free Trade Agreement: A 21st-Century Model (eBook) ISBN 9781509915408
Published December 2017
Hart Publishing