Article
Taming Leviathan as Merchant
World Trade Review
(2020)
Abstract
The CPTPP reproduces TPP Chapter 17 on SOEs. As a consequence, the original TPP scheme remains an important treaty model and poses complex questions notwithstanding a growing literature. This article discusses TPP but unlike current writings which focus on comparative treaty methods of SOE regulation, we focus on how TPP will operate, paying attention to how its framers have defined an SOE - not least in how the treaty’s framers viewed complex crossholdings, excluded non-profits and preserved a role for State monopolies. Some of our answers differ from the existing literature – particularly on complex cross-holdings. We also provide detailed illustrations of how TPP’s non-discrimination, commercial basis and non-commercial assistance rules might work and comment on the chances of a rule cascade triggered by TPP, particularly in the current state of heightened Sino-American rivalry and allegations of overbearing State control in China’s economy.
Disciplines
Publication Date
July, 2020
Publisher Statement
Accepted version deposited under ‘Green Open Access’
Published in ‘Taming Leviathan as Merchant’, (2020) 19(3) World Trade Review 402-423
Online advance access publication by Cambridge University Press: 19 August 2019
https://doi.org/10.1017/S1474745619000168
Not for commercial use
Citation Information
Mitsuo Matsushita and Chin Leng Lim. "Taming Leviathan as Merchant" World Trade Review Vol. 19 Iss. 3 (2020) p. 402 - 423 Available at: http://works.bepress.com/chin_lim/59/