Overview
The main subject of this research project for this period is the international economic law on state capitalism. Due to the recent rise of state-owned enterprises (SOE) and sovereign wealth funds (SWF) mainly by the emerging economies, a new set of international regulatory frameworks that differs from the conventional one for a market economy is urgently in need. Currently, however, the World Trade Organization (WTO) Agreement, economic partnership agreements (EPAs), and investment treaties do not provide effective trade, investment, and competition rules on this new phenomena, and philosophical discrepancies between developed countries and emerging economies render this issue as one of the least possible in reaching a conclusion in the ongoing Trans-Pacific Partnership (TPP) negotiations. This project aims first to survey the status quo of laws on state capitalism, bearing in mind the precedent achievements in the International Monetary Fund (IMF) and the Organisation for Economic Co-operation and Development (OECD) and recent debates in the TPP or the Transatlantic Trade and Investment Partnership (TTIP) negotiations, and propose possible regulatory frameworks or interpretation and application of relevant domestic/international law in force in order for the optimal regulation.
This project also covers the studies on WTO case law and the legal and economic analysis of international trade in cultural media products and relevant cross-border investment activities, both of which are continuing from the preceding period (2011-13).
October 7, 2013 - September 30, 2015
Major Research Results
FY2015
RIETI Discussion Papers
- 15-E-134
"Identifying Competition Neutrality of SOEs in China" (WATANABE Mariko) - 15-E-126
"How Does UNESCO's Convention on Cultural Diversity Affect Trade in Cultural Goods?" (JINJI Naoto and TANAKA Ayumu) - 15-E-125
"Discriminatory Application of Competition Law and International Investment Agreements" (TAMADA Dai) - 15-E-092
"State-owned Enterprise Reforms in the TPP Negotiation: Is it a win-win for Vietnam?" (LE Thi Anh Nguyet) - 16-J-011
"International Discipline on SOEs: Development of fair competition rules" (TOJO Yoshizumi) - 15-J-059
"Designing a Reasonable Regulation on Foreign Investments from State-owned Enterprises and Sovereign Wealth Funds" (ITO Kazuyori) - 15-J-058
"Background of the Gazprom Antitrust Case: Internal and external energy policies, and antitrust law enforcement in the EU" (TAKEDA Kuninobu) - 15-J-042
"Enforcement Trend in the Chinese Antimonopoly Law: Selectively targeting foreign companies and being used as a tool of industrial policies?" (KAWASHIMA Fujio) - 15-J-033
"Renewable Energy Subsidies and Countervailing Duties: A study on U.S.-China solar products trade war" (YOMOGIDA Morihiro) - 15-J-026
"Competitive Neutrality Principles in Australia: Lessons for the TPP negotiation on disciplines over state-owned enterprises" (KAWASHIMA Fujio)
RIETI Policy Discussion Papers
- 16-P-003
"[WTO Case Review Series No.16] China—Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum, (DS431, DS432, DS433): Development of interpretation related to disciplines on export restraints" (KAWASHIMA Fujio) - 16-P-002
"[WTO Case Review Series No.15] India—Measures Concerning the Importation of Certain Agricultural Products (WT/DS430): Toward the implementation of sanitary and phytosanitary measures based on regionalization" (ISHIKAWA Yoshimichi) - 15-P-013
"[WTO Case Review Series No.14] Thailand—Customs and Fiscal Measures on Cigarettes from the Philippines (DS371): More stringent discipline of GATT on internal regulation restricting competitive opportunities for imports" (OBASE Takuma) - 15-P-009
"[WTO Case Review Series No.13] China—Certain Measures Affecting Electronic Payment Services (WT/DS413): Vulnerability of normative structure of GATS" (KUNIMATSU Maki) - 15-P-008
"[WTO Case Review Series No.12] Canada—Certain Measures Affecting the Renewable Energy Generation Sector/Canada—Measures Relating to the Feed-In Tariff Program (WT/DS412, WT/DS426): Some implications for regulations of public-owned enterprises and governmental intervention by means of creation of a 'new' market" (KAWASE Tsuyoshi) - 15-P-007
"[WTO Case Review Series No.11] Philippines—Taxes on Distilled Spirits (WT/DS396/DS403): Liquor tax system in developing countries and the national treatment" (ISHIKAWA Yoshimichi) - 15-P-005
"[WTO Case Review Series No.10] European Communities—Measures Prohibiting the Importation and Marketing of Seal Products (WT/DS400/DS401): Assessing the legality of trade restrictions for animal welfare under the WTO Agreement" (ITO Kazuyori)
