Overview
The main subject of this research project for this period is the international economic law on competitive neutrality. While the Trans-Pacific Partnership (TPP) has just concluded and the Transatlantic Trade and Investment Partnership (TTIP) negotiations are still in the middle of drafting rules on state-owned enterprises (SOEs), the current legal frameworks on trade, investment, and competition are continued to be challenged by state capitalism. In the preceding period to this project, a broader range of notable developments on competitive distortion caused by government intervention were observed, including China's "One Belt, One Road," the centerpiece of which are the Asian Infrastructure Investment Bank (AIIB) and the BRICS Development Bank, a series of World Trade Organization (WTO) cases on subsidies contributed by SOEs, debates on application of anti-dumping/countervailing duties against China as a non-market economy after the upcoming expiration of the special rule in China's protocol of WTO accession, and, in Japan, Japan Fair Trade Commission (JFTC) analysis on governmental support for corporate revitalization and consequent competition distortion, in particular, the Japan Airlines (JAL) case. Also, analysis and evaluation of the TPP SOE chapter is one of the issues left unexplored. Under the circumstances, this project discusses the possibilities of application of the relevant rules in force and elaboration of new rules to ensure neutrality of government intervention to international trade and investment.
This project also continues the coverage of studies on WTO case law from the preceding period.
October 1, 2015 - September 30, 2017
Major Research Results
2017
RIETI Discussion Papers
- 18-E-001
"Subsidies to Public Firms and Competition Modes under a Mixed Duopoly" (HIGASHIDA Keisaku) - 17-E-121
"Vietnamese State-owned Enterprises under International Economic Integration" (FUJITA Mai) - 18-J-001
"A Single Economic Entity of Chinese SOEs: EDF/CGN/NNB Group of Companies merger case (2016)" (TAKEDA Kuninobu) - 17-J-070
"Goals and Roles of the EU State Aid Regulation" (AOYAGI Yuka) - 17-J-069
"Regulation of State-owned Enterprises through Trade Agreements: Evolving concept of commercial consideration" (SEKINE Takemasa) - 17-J-066
"Decline and Restructuring of a State-owned Enterprise Group in the Vietnamese Iron and Steel Industry" (KAWABATA Nozomu) - 17-J-060
"Legal Issues Arising from the Feed-in Tariff of Renewable Energy: Controversial issues in investor-state dispute settlement" (TAMADA Dai) - 17-J-059
"Export Promotion through SOEs and Countervailing Duties" (YOMOGIDA Morihiro) - 17-J-058
"Overcapacity Problem and Subsidies in China's Steel Industry: A test on the existence of soft budget constraint" (WATANABE Mariko) - 17-J-055
"Malaysia's GLC Transformation Programme in the Context of the Bumiputera Policy" (KUMAGAI Satoru) - 17-J-041
"Antidumping Duties on Chinese Products: Effects of expiration of Article 15.a.ii of China’s WTO Accession Protocol and countermeasures" (UMEJIMA Osamu) - 17-J-029
"Natural Resources Giant Kazakhstan: What kind of international economic regulation framework is applicable to its SOEs?" (Alisher UMIRDINOV)
RIETI Policy Discussion Papers
- 17-P-034
"[WTO Case Review Series No.24] Russian Federation—Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (DS475): Clarifying the regulatory framework of regionalization under Article 6 of the SPS Agreement" (ISHIKAWA Yoshimichi) - 17-P-030
"[WTO Case Review Series No.23] Colombia—Measures Relating to the Importation of Textiles, Apparel and Footwear (DS461): The legality of trade restrictions intended to prevent money laundering" (ITO Kazuyori) - 17-P-028
"[WTO Case Review Series No.22] Argentina—Measures Relating to Trade in Goods and Services (DS453): Discrimination against countries not cooperating for tax transparency purposes and legal disciplines of the GATS" (KAWASHIMA Fujio) - 17-P-025
"[WTO Case Review Series No.21] United States—Certain Country of Origin Labelling Requirements (DS384/RW, 386/RW): Clarifying Article 2.2 of the TBT Agreement" (NAIKI Yoshiko) - 17-P-024
"[WTO Case Review Series No.20] United States—Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (DS381/RW): The notion of “calibration” and legitimate regulatory distinctions under Article 2.1 of the TBT Agreement" (NAIKI Yoshiko) - 17-P-023
"[WTO Case Review Series No.19] United States – Measures Affecting the Importation of Animals, Meat and Other Animal Products from Argentina (WT/DS447): A delay in the review procedures upon request for imports and the SPS Agreement" (ISHIKAWA Yoshimichi) - 17-P-018
"[WTO Case Review Series No.18] India—Certain Measures Relating to Solar Cells and Solar Modules (WT/DS456): Developing interpretation regarding government procurement, Articles XX(d) and XX(j) of the GATT" (SEKINE Takemasa) - 17-P-016
"[WTO Case Review Series No.17] Peru—Additional Duty on Imports of Certain Agricultural Products (WT/DS457): Certain implications on the variable tariff system and the relationship between the WTO Agreement and Regional Trade Agreements" (KAWASE Tsuyoshi)
