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China's Banking Law: The Legal Status and Treatment of Foreign Banks in the People's Republic of China


ISBN13: 9780754670841
Published: April 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £145.00



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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 will be 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.

Subjects:
Other Jurisdictions , China
Contents:
Foreword
Preface
Introduction
History of national treatment in China
WTO national treatment and China's banking commitments
Market access, forms, and legal status of foreign-funded banks in China
China's banking law framework: different positions of foreign-funded banks and Chinese-funded banks
More favourable treatment of foreign-funded banks
Less favourable treatment of foreign-funded banks
Identical treatment between foreign-funded banks and Chinese-funded banks
Integrating China's banking law framework
Conclusion
Index.