The Journal of

WORLD INVESTMENT & TRADE

ABSTRACTS 

The 11th Geneva Global Arbitration Forum: Settling Disputes on a Shrinking Planet 

This issue publishes substantial parts of the proceedings of the 11th Geneva Global Arbitration Forum held 1 and 2 December 2004, which was sponsored by The Journal of World Investment & Trade.  The Forum is the only regular international arbitration conference held in Geneva, which is the seat of so many dispute resolution bodies, and it is the foremost such conference held in Switzerland. Our Journal is honoured to be able to contribute to it.

Wang Guiguo: Sino–U.S. Textile Disputes—Legal Perspectives

On 24 October 2004, it was reported that the United States would impose quantitative restrictions on imports of cotton socks, synthetic fiber socks and wool socks from China. It is prima facie that the imposition of import restrictions by the United States on Chinese textile products is based on the rapid increase in imports which have disrupted the U.S. market. This article examines the legal basis for U.S. actions, especially in light of the end of the Agreement on Textiles and Clothing on 1 January 2005 and the special safeguards provisions contained in China's Protocol of Accession to the World Trade Organization.  The author also briefly addresses how China should respond to actions such as this in the future.

Wang Guiguo is Distinguished Professor of Law at Hunan Normal University, Changsha, China; Chairman of the Hong Kong Wto Research Institute; Professor (Chair) of Chinese and Comparative Law at the School of Law of City University of Hong Kong; and an Associate Editor of The Journal of World Investment & Trade. He is also the author of the following articles which have appeared in The Journal of World Investment: The New Neo-Confucianism and International Economic Law, Vol. 1, No. 1, July 2000; The Globalized Economy in Quest of Globalization of the Rule of Law—From the Perspective of the National Treatment Principle; Vol. 2, No. 1, March 2001; and The China–Hong Kong Closer Economic Partnership Arrangement Revisited, which appeared in The Journal of World Investment & Trade, Vol. 5, No. 1, February 2004.

Alejandro Faya-Rodríguez: Reaching the Asian Tiger—A New Mexico–Japan International Framework for Investment

On 17 September 2004, Mexico and Japan signed an Economic Partnership Agreement (Epa) which is not only a commercial treaty but also an international instrument which encompasses many other elements of economic integration and cooperation. Chapter Seven (the “Investment Chapter”) is a fine example of the Epa’s comprehensive nature and will enter into force in April 2005. The Investment Chapter is aimed at protecting foreign investors and their investments against certain non-commercial risks by preventing and constraining the States parties to the Epa from performing a number of acts considered as highly malicious or distortive to trade and investment. The present article examines the content of the Investment Chapter, both its substantive part and its procedural part, in order to fully understand the purpose of the Chapter and its impact on investment activities.

Alejandro Faya-Rodríguez, L.LB. (Iberoamericana University), M.Jur. (University of Oxford, U.K.), is a Professor of Law at the Iberoamericana University in Mexico City and Deputy Director-General for International Affairs of the Directorate-General for Foreign Investment, Ministry of Economy, Mexico.

Yun Zhao: Reconsidering Regional Trade Integration in the Era of Globalization—With Reference to the Construction of the China–Asean Free Trade Area

The conclusion of the Framework Agreement on Asean–China Comprehensive Economic Co-operation in November 2002 committed China and Asean Members to establish a China–Asean Free Trade Area (Fta) within ten years, or by 2010. This project is the most ambitious one following the establishment of the North American Free Trade Area and has aroused interest from various parties. It is self-evident that the potential of the expanding trade and investment between China and Asean is huge. Nevertheless, serious challenges exist accompanying greater economic interdependence. This article looks into this issue and makes appropriate observations on the establishment of the China–Asean FTA.

Yun Zhao, Ph.D. (Erasmus University Rotterdam, The Netherlands), LL.M. (Leiden University, The Netherlands), LL.M., LL.B. (China University of Political Science and Law, Beijing, People's Republic of China) is a Lecturer at City University of Hong Kong.