Chinese Journal of Global Governance
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Open Access journal
ISSN (Print) 2352-5193 - ISSN (Online) 2352-5207
Published by Brill Academic Publishers [220 journals]
- The Public-Private Distinction in Global Governance: How Relevant is it in
the Case of Voluntary Sustainability Standards?
Authors: Axel Marx
First page: 1
Abstract: Source: Volume 3, Issue 1, pp 1 - 26Whether global rules and standards originate from a public intergovernmental body or from a private organization has significant implications for the applicability of international law such as WTO law. However, how sensible is this distinction between public and private? This paper argues that the distinction between public and private standards only makes sense if one looks at the legal status of specific standard-setting organisations. However, the distinction between public and private begins to blur and fade if one switches the unit of analysis. First, the paper shows that private standards are often based on internationally agreed (public) rules and norms. Second, the paper argues that governments on purpose or in the design of their policies take these private initiatives on board. Hence, they become an integral part of ‘public’ governance. These arguments are developed on the basis of an analysis of Voluntary Sustainability Standards (VSS).
- Development Hazard: A Violation-based Approach to the Right to Development
Authors: Irene I. Hadiprayitno
First page: 27
Abstract: Source: Volume 3, Issue 1, pp 27 - 56It is common to criticize the right to development as a confusing compilation of ideas that brings into question its progressive realisation. This article concentrates precisely on this deferring situation. However, rather than scrutinizing the reasons of failures, it aims to explore a violation-based approach to the right to development in its connection as an instrument to address development hazards. The analysis focuses on two aspects of the right to development, firstly, the entitlement to fair distribution of benefits, as the basic argument to the obligation not to cause any harm in development, and secondly, the entitlement to participation, as an instrument to prevent and combat development hazards.
- Emerging Rules in International Investment Instruments and China’s
Reform of State-owned Enterprises
Authors: Qingjiang Kong
First page: 57
Abstract: Source: Volume 3, Issue 1, pp 57 - 82The recent years witnessed the emergence of international investment agreements (IIAs), such as the U.S. model BIT in 2012, and more prominently, the Trans-Pacific Partnership (TPP) in 2015, which often embody provisions for state-owned enterprises (SOEs). The SOE rules, as well as their predecessor, the OECD Guidelines on Corporate Governance of State-Owned Enterprises, aim to impose strict regulations on the SOEs and to exert great influence on the state-led economies. China has been seen in constant reform of its SOEs, and is now in the midst of negotiating a BIT with, and the U.S., and a BIT with the European Union. Against this backdrop, China’s SOE reform will be relevant to the emerging investment rules governing SOEs.