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China, India and the International Economic Order

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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

Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore,
São Paulo, Delhi, Dubai, Tokyo
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.



References: Accenture Policy and Corporate Affairs Practice, “China and India: Partners in competition” (2005), available at www.accenture.com/NR/rdonlyres/ 4D8920BC-4590–4868-B9DB-94DC58EA3B34/0/pca_china_india.pdf (visited on May 16, 2007) Agarwal, Anurag K., “Competition law in India: Need to go slow and steady” (October 2005) Working Paper no Management, at 6, available at www.iimahd.ernet.in/publications/data/ 2005–10–05anurag.pdf (visited on May 16, 2007) on the Proposed Anti-Monopoly Law of the People’s Republic of China dated August 5, 2005 is available at www.han-wen.com (visited on March 21, 2006) American Bar Association, “Anti-monopoly draft provokes debates,” China Economic Net, November 15, 2006, available at http://en.ce.cn/national/ Law/200611/15/t20061115_9428909.shtml (visited on January 4, 2007) “Anti-monopoly draft provokes debates,” Chinese Economic Net, November 15, 2006, available at http://en.ce.cn/national/Law/200611/15/t20061115_9428909.shtml (visited on January 4, 2007) Asian Development Bank, Asian Development Outlook 2005 (Chapter III: Competitive Policy Regime), available at www.adb.org/documents/books/ado/ 2005/ado2005.pdf (visited on May 16, 2007) Private Sector Assessment: The People’s Republic of China (Philippines: Asian Development Bank, 2003) Basant, R. and Morris, S., Competition Policy in India: Issues for a Globalising Economy (Ahmedabad: Indian Institute of Management, 2000) Bhattacharjea, Aditya, “Amending India’s Competition Act,” The Economic and Political Weekly, October 14, 2006 “Exportcartel: A developing country perspective” (April 2004) 38(2) Journal of World Trade “India’s competition policy: An assessment” (August 23, 2003) 34 Economic and Policy Weekly 3561–7 “India’s trade relations with China and Russia in the context of the WTO” (2005) 41(4) China Report 432 Press, 2002) Bhattacharya, Sanjukta Banerji (ed.), India at the End of the Twentieth Century: Essays on Politics, Society, and the Economy (New Delhi: Lancer’s Books, 2001) Brooks, Douglas H., “Competition policy and development” (October 2005) Economics and Research Department (ERD) Policy Brief No (visited on May 16, 2007) “Bush warns against isolation,” International Herald Tribune, February 2, 2006 for India’s trade?” (2005) International Monetary Fund Working Paper WP/05/101, available at www.imf.org/external/ pubs/ft/wp/2005/wp05101. pdf (visited on May 16, 2007) Chan, Albert Hongyi, An Introduction to the Legal System of the People’s Republic of China, 3rd edn (Hong Kong: LexisNexis, 2004) Chen, Kuan-I and Uppal, J (New Delhi: Free Press, 1971) Chidambaram, P., “Law and commerce: And the twain shall meet,” Sunday Express (Ahmedabad), October 26, 2003) China Business Law Guide (Singapore: CCH Asia Pte Ltd, 2004) Chinainfobank, “Centrally controlled enterprises entering into a big leap forward period” dated May 8, 2006, available at www.chinainfobank.com (visited on May 9, 2005) “Competition Act Amendment Bill introduced in Lok Sabha,” The Hindu Business Line, available at www.thehindubusinessline.com/2006/03/10/stories/ 2006031003300800.htm (visited on March 28, 2006) Competition Commission of India, “Public awareness on competition law and policy” (2003), at 2–3, available at http://competition-commission-india. nic.in (visited on January 23, 2006) “Competition panel can’t rule on legal issues,” Economic Times News Network, March 10, 2006, available at http://economictimes.indiatimes.com/ articleshow/1444854.cms (visited on March 13, 2006) CUTS (Customer Unity and Trust Society) International, “The Competition (Amendment) Bill 2006: What needs to be done?” (2006) 2 Bill Blowup, available at www.cuts-international.org (visited on April 30, 2006) “Pulling up our stocks: A study of competition regime of seven developing countries of Africa and Asia under the 7-up project” (2003), available at www.cuts-international.org/pulling.pdf (visited on April 12, 2006) Davies, Emma and Yow, Cheng Li, “China’s anti-trust regime” (April 2005) China India, and Russia (Boston MA: Kluwer Academic Publishers, 2000) Dhall, Shri Vinor, Speech of Mr Commission of India on January 15, 2005 at Indian Paint Industry Conference, available at http://competition-commission-india.nic.in (visited on March 2, 2006) at Hyderabad on October 6, 2004, p. 5, available at http://competitioncommission-india.nic.in (visited on January 23, 2006) an institutional race

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