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

by Colin Picker (Editor), Federico Ortino (Editor), Heng Wang (Editor), Gabrielle Marceau (Editor), Weihuan Zhou (Editor)

Overview

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.

Product Details

ISBN-13:	9781509915385
Publisher:	Bloomsbury Academic
Publication date:	12/14/2017
Series:	Studies in International Trade and Investment Law , #18
Pages:	384
Product dimensions:	6.14(w) x 9.21(h) x 0.88(d)

About the Author

Colin B Picker, Heng Wang and Weihuan Zhou are all Members of UNSW Law's China International Business and Economic Law (CIBEL) Initiative.

Table of Contents

Preface v

List of Contributors ix

List of Abbreviations xv

Part I An Introduction to ChAFTA

1 Australia, China and ChAFTA: Punching Above both Belt and Weight 3

2 An Analytical Introduction to ChAFTA: Features and Challenges 19

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 45

4 ChAFTA's External Impact on Related Mega-FTAs 63

5 The China-Australia FTA and Australia's FTAs with Other Asian Countries: Their Implications for Future SOE Regulation 79

Part III Insights and Lessons for Trade in Services

6 Services Liberalisation in ChAFTA: Progress Assessment and the Way Forward 107

7 Culture-Oriented Mode 4 under ChAETA: Policy Considerations 127

8 Breakthrough or Standstill? China's Liberalisation of Legal Services under ChAFTA 147

9 Trade in Education Services under ChAFTA: What does it Mean for Australia? 173

Part IV Insights and Lessons for the Regulation of Investment

10 Substantive Provisions in ChAFTA's Investment Chapter 195

11 Australia, China and the Coexistence of Successive International Investment Agreements 215

12 A Comparative Review of the Investor-State Arbitration Clause in ChAFTA from China's Perspective: Moving Forwards or Sideways? 237

13 Investor-State Dispute Settlement and the Australian Constitutional Framework 259

Part V Insights and Lessons on IEL and the Knowledge Economy

14 E-Commerce in ChAFTA: New Wine in Old Wineskins? 283

15 Expanding the E-Commerce Chapter in ChAFTA: A Green Box, Orange Box and Red Box Approach 305

16 The Ideas Boom: The Innovation Economy in the Post-ChAFTA Australia-China Relationship 329

Index 351

Editorial Reviews

[T]his book fills the gap in the literature by addressing cutting-edge elements of the ChAFTA. The comparative analysis in the context of Asia-Pacific FTAs helps the readers to comprehend the complex and fast-growing development of regional integration. I therefore highly recommend the book, particularly to those who engage in trade law practice and negotiations.” —Jourbanal of International Economic Law

From the Publisher