This book assesses new developments in and reform of China's banking law system following its accession of the WTO. It focuses on the relationship between GATS/WTO national treatment obligations and China's banking law. Tracing the history of national treatment in China, the book compares the treatment of foreign-funded banks with the treatment of Chinese-funded banks and examines the structure and shortcomings of the existing banking law framework in China. Offering suggestions as to how the framework could be restructured and analysing the economic and political bases of an integrated banking law framework, the book argues that reorganization would bring about greater consistency with GATS/WTO national treatment requirements. The book also explores the ambiguous definition of prudential carve-out, the subtle relationship between GATS national treatment and market access based on WTO cases, national treatment clauses in China’s bilateral investment treaties, and special treatment on banking in China’s free trade agreements. This volume is a valuable resource for academics and students as well as professionals and policy-makers working in the field of banking, WTO, Chinese law and foreign trade.
Table of Contents
China's Banking Law and the National Treatment of Foreign-Funded Banks
Wei Wang, LL.B. (ECUPL), LL.M. (SMU), LL.M. (Fudan), Ph.D. (Lond.), is Associate Professor, School of Law, Fudan University, China. His books include Law and Practice for the Delivery of Goods without Presentation of Original Bills of Lading (Law Press China 2010, Overseas-Educated Doctors of Law of Modern China (Shanghai People’s Publishing House 2011). He teaches International Financial Law, International Economic Law and Chinese Banking Law. His research projects cover Chinese banking law and legal education history sponsored by the Asian Development Bank, China Ministry of Education, Shanghai Social Science Fund, and National Social Science Fund.
'An excellent book! Wei Wang provides invaluable information on China's GATS/WTO obligations and its banking laws. Importantly, based upon China's economic and political reforms, the book proposes an integrated legal framework to provide a systematic resolution to existing weaknesses in the treatment and approach towards foreign and domestic banks.' James R. Barth, Auburn University and Milken Institute, USA ’This is a timely, thorough assessment of an important aspect of China’s WTO obligations. The analysis ranges from national treatment under the Qing to the 2012 US-PRC WTO dispute over China UnionPay, noting not only when unequal treatment hurts foreign-funded banks vis-Ã -vis local banks, but also when it helps them.’ Jane K. Winn, University of Washington, USA