George Robert Barker

China and the world trading system : entering the new millennium

Introduction: entering the new millennium Deborah Z. Cass, Brett Gerard Williams and George Barker Part I. The World Trading System: 1. The impact of Chinas accession on the WTO John H. Jackson 2. WTO membership for China: to be and not to be: is that the answer? Sylvia Ostry 3. China and the constitutionalization of international trade law Deborah Z. Cass Part II. The Accession: 4. Chinas WTO accession: the final countdown Jeffrey L. Gertler 5. Chinas accession: improving market access and Australias role and interests Graeme Thomson Part III. China: The Domestic Sphere: 6. The state of the Chinese economy: structural changes, impacts and implications Ligang Song 7. Trade policy reform and Chinas WTO accession Elena Ianchovichina and Will Martin 8. Chinas WTO entry in labor surplus and Marxist terms Raj Bhala 9. Enforcement of WTO agreements: illusion or reality? Qingjian Kong 10. China: trade, law and human rights Alice Tay Part IV. Trade in Goods: 11. Chinas interest in the WTOs deregulation of international textiles trade Ian Dickson 12. China and the agreement on technical barriers to trade Ichiro Araki Part V. Trade in Services and Competition Policy: 13. WTO membership and professional services regulation in China Christopher Arup 14. The impact of accession on regulation of distribution and logistics industries in China Dene Yeaman 15. Regulating the new economy: implications for telecommunications and e-commerce in China Ian Macintosh 16. Segregation and convergence: the Chinese dilemma for financial services Richard Wu 17. Adopting a competition law in China Mark Williams Part VI. Intellectual Property: 18. Chinese trademark law and the TRIPs agreement Angela Gregory 19. TRIPs goes East: Chinas interests and international trade in intellectual property Antony Taubman 20. The impact of WTO membership on review of the TRIPS agreement Daniel Stewart and Brett Gerard Williams Part VII. Dispute Settlement: 21. Interpreting Chinas accession protocol: a case study in anti-dumping Michael Lennard 22. Dispute settlement and sub-national entities Ravi P. Kewalram.

Introduction: China and the reshaping of the World Trade Organisation

11 December 2001 marks a key date in the calendar of world trade. On that day, the sixth-largest economy in the world, representing a population of some 1.3 billion people, and reflecting a unique political and economic system consisting of a hybridization of Marxism and free-market principles, joined the rules-based international trading system, by acceding to the World Trade Organization (WTO). Even in the shadow of the momentous events of 11 September that year, China’s entry to the WTO sealed a critical moment in international trade, and indeed in international law and relations of the new millennium. China’s entry to the WTO was generally greeted with approval as an event whose time had come, and yet also with a little disbelief. A brief history will explain why. In 1948, the Bretton Woods Agreement set out to establish a tripartite international economic structure consisting of the International Monetary Fund (IMF), the International Bank for Reconstruction and Development (IBRD or World Bank) and the International Trade Organization (ITO). The ITO subsequently failed to come into existence owing to US Congressional disapproval. China signed on as one of only twenty-three original Contracting Parties to the provisional framework agreement for trade liberalization, the General Agreement on Tariffs and Trade (GATT). However, after the defeat of the Kuomintang nationalist forces by Chinese communist forces in 1949, the nationalist government in Taiwan withdrew from the GATT. Thereafter China remained officially outside the multilateral trading system for over forty years. From 1986 the People’s Republic of China sought, unsuccessfully, to revive its dormant position by becoming a

Claims to Expand Copyright Exceptions Driven by 'Bad Science'

This report reviews a number of papers being used to try and justify major copyright policy changes in Asia Pacific. Specifically, this reports reviews five papers cited by Google in Australia in support of its submission (the Submission) to the Productivity Commissions (PC) inquiry into Australias intellectual property arrangements. In the Submission, Google expressed the view that Australias copyright system is not as effective, efficient or adaptive as it needs to be, and that it is impeding Australia¹s capacity to innovate.Our review of the empirical data Google cites, however, finds that in general, contrary to the claims that they are being used to support, these studies conclusions are bad science and offer no substantial empirical evidence of a causal link between broader copyright exceptions and productivity and economic growth. The studies cited in the Submission have been discredited, containing fundamental errors in empirical research, making them unfit for policy-making. Moreover, the evidence in the studies appears to contradict the claims made in the Submission. In particular:- The 2012 Singapore fair use study cited by Google suggests that US-style fair use exceptions in Singapore were associated with a fall in the rate of growth of copyright industries. Singaporean copyright industry revenue growth slowed from 14.16 per cent to around 6.68 per cent per annum after the introduction of fair use.- The 2012 Australian Lateral Economics Study cited by Google shows that fair use exceptions in the US are associated with a lower rate of growth of value-add in what it calls copyright exceptions industries in the US, compared the same industries in Australia.Thus, as a result of the empirical analysis contained herein, this report concludes that the argument advanced by the Submission that broader copyright exceptions will promote productivity and economic growth is not based on sound research.

Digital Convergence and Diminished Creative Industry Growth: A New Zealand Case Study

The New Zealand Government’s recent Green Paper “Exploring Digital Convergence” (EDC) suggests that so-called “digital convergence,” or convergence in telecommunications, information technology, media and entertainment (TIME) sectors is facilitating the creation, dissemination and consumption of creative works. This paper analyses the economic performance of the film and television industry in New Zealand to see if there has been any correlated increase in revenues, employment and output during the time of this convergence. Our review suggests the evidence in New Zealand is inconsistent with any suggestion that convergence has facilitated a dramatic increase in revenues or output for the creative sector. Our findings suggest the opposite: Total screen industry revenues as measured by Statistics New Zealand’s Screen Industry Survey (SIS) which commenced in 2005 shows that from 2005-2015, there is a shortfall of total screen industry revenues over the ten-year period of approximately

Common Myths About the Economic Effect of Copyright Term Extensions for Sound Recordings

4.6 billion against what they would have been had revenues kept pace with inflation and economic growth. This estimate includes just over

Agreed Use and Fair Use: The Economic Effects of Fair Use and Other Copyright Exceptions in the Digital Age

3 billion in the “production and post-production” (PPP) sector. Alternative scenarios described in more detail in this paper involving historical data yield estimates for the shortfall in production and post-production (PPP) revenues ranging from estimates of

'Estimating the Economic Effects of Fair Use and Other Copyright Exceptions: A Critique of Recent Research in Australia, US, Europe and Singapore'

3.94 billion in total over the ten-year period from 2005 to 2015, including a

China and the World Trading System: The world trading system

600 million shortfall in the final year, to a considerably higher estimate, where the shortfall in PPP revenues reaches

China and the World Trading System: Frontmatter

4.1 billion in the last year (2015) alone. This upper scenario further suggests that by the end of the 14-year period 2001-2015, the shortfall in total screen industry revenues would have been

The impact of China's accession on the WTO

8.5 billion in the last year (2015) alone. In other words, total screen industry revenues in 2015 would have been closer to