China, India and the International Economic Order

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C HINA, INDIA AND
THE INTERNATIONAL
ECONOMIC ORDER

With contributions by a variety of internationally distinguished scholars on international law, world trade, business law and development, this unique examination of the roles of China and India in the new world economy adopts the perspectives of international economic law and comparative law. The two countries are compared with respect to issues concerning trade and development, the World Trade Organization, international dispute settlement, regional/free trade agreements, outsourcing, international investment, foreign investment, corporate governance, competition law and policy, and law and development in general. The findings demonstrate that, though their domestic approaches to economic issues diverge, China and India adopt similar stances at the international level on many major issues, recapturing images which existed during the immediate post-colonial era. Cooperation between China and India could provide leadership in the struggle for economic development in developing countries.

muthuc umara swamy sornara jah is C. J. Koh Professor at the Faculty of Law of the National University of Singapore and the Tunku Abdul Rahman Professor of International Law at the University of Malaya at Kuala Lumpur.

jia ng yu wa ng is an associate professor at the Faculty of Law of the National University of Singapore.

C HINA, INDIA AND
THE INTERNATIONAL
ECONOMIC ORDER
Edited by
MUTHUCUMARASWAMY SORNARAJAH
and
JIANGYU WANG

CAMBRIDGE UNIVERSITY PRESS

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Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK
Published in the United States of America by Cambridge University Press, New York www.cambridge.org
Information on this title: www.cambridge.org/9780521110570
© Cambridge University Press 2010
This publication is in copyright. Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in print format 2010

ISBN-13

978-0-511-77632-8

eBook (NetLibrary)

ISBN-13

978-0-521-11057-0

Hardback

Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.

C ONTENTS

Notes on contributors
Preface
xv

vii

Introduction and overview: China, India and the
international economic order
1
muthucumaraswamy sornarajah
and jiang yu wang

part i
1

China, India and the global trade system

The WTO and development policy in China and India
joel p. trachtman

2

China, India and developing countries in the WTO:
Towards a pro-active strategy
53
jianfu chen

3

China–India cooperation, South–South coalition and
the new international economic order: Focus on the
Doha Round
92
chen an and chen huiping

4

India, China and foreign investment

132

muthucumaraswamy sornarajah

5

China, India and WTO Law

167

julia ya qin

6

China, India and the WTO dispute settlement system:
Towards an interpretative strategy
217
b. s. chimni

v

15
17

vi

contents

7

China, India and dispute settlement in the WTO
and RTAs
250
locknie hsu

8

China, India and global outsourcing of services under
GATS
277
d ora s. neo

9

International dispute settlement: The Chinese approach and
practice, and their implications
314
kong qingjiang

part ii
10

China, India and regional economic
integration in Asia
331

The role of China and India in Asian regionalism

333

jiang yu wang

11

The Asian Economic Community: ASEAN – A building
or a stumbling block for China and India...
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