2011 Fiscal Year Final Research Report
Legal issues relating to the market opening and market economy reforms in East Asia
| Project/Area Number |
20530034
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Nagoya University |
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Principal Investigator |
KAWASHIMA Fujio 名古屋大学, 大学院・国際開発研究科, 教授 (80234061)
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| Project Period (FY) |
2008 – 2011
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| Keywords | 中国 / 独占禁止法 / WTO / 東アジア / 市場経済化 / 市場開放 / 国際経済法 / 競争法 |
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| Research Abstract |
This research is originally aimed at understanding the mutual relationship(conflicts and connection) between domestic and international law issues relating to "market" in the era of the globalized economy, through parallel examining both the implementation process of WTO obligations and commitments(market opening) of recently acceded WTO members in East Asia, especially China, Cambodia and Vietnam as well as domestic legal reforms toward market economy and promoting competition(market economy reforms) in these countries. Among the three countries above, competition laws in Cambodia and Vietnam are not yet enacted or not so actively enforced and therefore cannot be the main research target during the research period. However, this research succeeded in grasping the details of the enforcement(including civil litigation) of Chinese Antimonopoly Law which entered into force in August 2008 and uncovering the background behind the phenomenon on the surface of the enforcement. Furthermore, by connecting the research above with those on the legal phenomenon in the international economic law arena, it is also successful in constructing the viewpoint of legal disciplines on the relationship between government and market in China, especially preferential treatment granted to state-owned enterprises in China, which is now critically described as "State Capitalism" or "State Activism" The constructed viewpoint turned out to be very essential in continuing the research in the future. The concrete achievement of this research includes eight articles, six presentations in academic conferences and two co-authored books.
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