TITLE

One Country, Two Systems, and Three Memberships: Legal and Economic Integration between China and its Two SARs

AUTHOR(S)
Chien-huei Wu
PUB. DATE
December 2007
SOURCE
Global Jurist;Dec2007, Vol. 7 Issue 3, p7
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This paper examines legal and economic integration between China and its two Special Administrative Regions, namely, Hong Kong and Macau. Two dimensions are dealt with in this paper: the constitutional/national framework and the WTO/CEPA framework. In the constitutional/national framework, this paper examines the interaction between People's Supreme Court and the Court of Final Appeal in Hong Kong and Macau. It analyzes the horizontal and vertical interaction between courts in China and in the Special Administrative Regions, focusing mainly on three issues: the Standing Committee/CFA, exclusive/residual competence, and the competition of jurisdiction. In the WTO/CEPA framework, this paper presents the legal bases and accession histories of these three memberships in the WTO, and examines their trade policies and practices both in the GATT and the WTO. Emphasis is placed on how and why Hong Kong, China and Macau, China enjoy full memberships in the WTO as China does. This paper finally explores the dispute settlement mechanism provided in the Closer Economic Partnership Arrangements between China and its two SARs, and examines the possibility for these three members to avail themselves of the WTO dispute settlement mechanism. This paper finds that the legal and economic integration between China and its two SARs offers much both to comparative lawyers and international trade lawyers: the vast diversity of legal culture in these three areas yields an unprecedented conflict and combination, while the interaction between China and its two separate customs territories, Hong Kong, China and Macau, China, in the international trading regime, presents a new landscape in the WTO.
ACCESSION #
57524375

 

Related Articles

  • Locus Standi of Individuals and Non-State Entities Before Regional Economic Integration Judicial Bodies in Africa. ONORIA, HENRY // African Journal of International & Comparative Law;Sep2010, Vol. 18 Issue 2, p143 

    Economic integration efforts in Africa have been ongoing since the 1960s. In spite of the fact that judicial bodies � in the form of Courts and Tribunals � have been provided as key institutions in integration treaties, they have largely not been active in application of the treaties...

  • Kampf um Souveränität? Eine Kontroverse zur europäischen Integration nach dem Lissabon-Urteil des Bundesverfassungsgerichts. Höpner, Martin; Leibfried, Stephan; Höreth, Marcus; Scharpf, Fritz W.; Zürn, Michael // Politische Vierteljahresschrift;2010, Vol. 51 Issue 2, p323 

    The article documents a panel debate held at the Kiel congress of the German Political Science Association (DVPW) in September 2009. With its Lisbon judgment passed in June 2009, the German Federal Constitutional Court delivered a groundbreaking decision on Germany’s involvement in the...

  • THE CARIBBEAN COURT OF JUSTICE: CHALLENGE AND RESPONSE. Pollard, Duke // CSME Genesis & Prognosis;2007, p186 

    The article looks at the challenges faced by the Caribbean Court of Justice and its response to such issues. It is inferred that the challenge comprehends dimensions including juridically misconceived appeals to sovereignty, authentic concerns about autonomous judicial decision-making, and legal...

  • THE CARIBBEAN COURT OF JUSTICE IN REGIONAL ECONOMIC DEVELOPMENT. Pollard, Duke // CSME Genesis & Prognosis;2007, p205 

    The article focuses on the role of the Caribbean Court of Justice in regional economic development of the Caribbean Community (CARICOM). A body of determinants of a psychological, geopolitical, and economic is regarded as part of the factors to influence development. The role of the justice is...

  • Integração econômica no MERCOSUL: opiniões consultivas e a democratização no acesso ao tribunal permante de revisão. Gomes, Eduardo Biachi // Revista de Direito Internacional;jan-jun2013, Vol. 10 Issue 1, p128 

    This article aims to examine the system of Advisory Opinions of MERCOSUR and its regulation by the Supreme Court in order to identify the viability of building an integration law in the block. Since one of the major difficulties encountered by the lawyers, refers to the application of MERCOSUR's...

  • Engaging the Fundamentals: On the Autonomous Substance of EU Fundamental Rights Law. Augenstein, Daniel // German Law Journal;Oct2013, Vol. 14 Issue 10, p1917 

    The author explores how fundamental rights are affected by fundamental market freedoms in the European Union (EU). He explains the nature of internal or common markets and the impact of having an autonomous interpretation of these fundamental rights law outside each EU country's own...

  • Measures against Harmful Tax Competition in the European Union. Cvjetković, Cvjetana // Proceedings of Novi Sad Faculty of Law / Zbornik Radova Pravnog ;2013, Vol. 47 Issue 3, p413 

    This paper considers measures against harmful tax competition in the European Union. In this paper the author deals with the concept of harmful tax competition and points to the official attitude of the European union in the terms of tax harmonization and tax competition, including fair and...

  • Process of Promotion of Human Rights in the European Union. Etinski, Rodoljub // Proceedings of Novi Sad Faculty of Law / Zbornik Radova Pravnog ;2008, Vol. 42 Issue 1/2, p115 

    Founding Treaties from fifties were touching only certain issues of relevance for human rights. They did not include a codex of human rights since they were concluded to provide only economic integration and since it was thought that an economic integration would not affect human rights. This...

  • EUROPEAN LEGAL INTEGRATION AND THE ROLE OF THE EUROPEAN COURT OF JUSTICE. HAJIYEV, Sidqi // Journal of Qafqaz University;2009, Issue 28, p53 

    No abstract available.

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics