The emergence of China’s indigenous standards has raised concerns within the trade community. Focusing on the compatibility of such Chinese-made standards with the WTO laws, existing legal literature seem to see China’s indigenous standards as being oriented towards ‘techno-nationalism’, thereby posing a credible threat to international economic order. By revisiting the case of the WAPI, one of the most (in)famous Chinese indigenous standards in the information and communication technology (ICT) industry, this chapter contends that the threat of China’s indigenous standards policy to the global trading system may be less serious than some had thought because of the contextual factors and new rules introduced through trade and investment laws in the era of megaregionalism.
Benjamin Pi-Wei Liu
Wei Liu, Mian Li, Jie Yang and Shaokun Wei
Shin-yi Peng, Han-Wei Liu and Ching-Fu Lin
This chapter will explore the interplay between law and technology, focusing on the pertinent trade issues within megaregionals. As globalization has created markets that cross borders, there is an increasing reliance on diverse types of international legal instruments to govern science and technology. The reality is that the differences in regulatory regimes become more significant as trade obstacles. Manufacturers or service suppliers often confront challenges when attempting to comply with diverse national regulatory measures. At the forefront, the questions to ask are whether the emergence of various bilateral or megaregionals help promote regulatory cooperation/coherence? Or, has such phenomenon raised more questions than it has answered in terms of regulatory divergence? What mechanisms do the multilateral, plurilateral, or bilateral economic integration arrangements design to reduce regulatory divergence? We will engage in a critical review on pertinent law-making and jurisprudence to offer a systematic examination on regulatory convergence of technology law.