Governing Science and Technology under the International Economic Order
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Governing Science and Technology under the International Economic Order

Regulatory Divergence and Convergence in the Age of Megaregionals

Edited by Shin-yi Peng, Han-Wei Liu and Ching-Fu Lin

Against the backdrop of the recent trend towards megaregional trade initiatives, this book addresses the most topical issues that lie at the intersection of law and technology. By assessing international law and the political economy, the contributing authors offer an enhanced understanding of the challenges of diverging regulatory approaches to innovation.
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Chapter 5: Export policies, technology transfer policies, and investment reviews: How states compete in the era of global high-tech value chains

Mark Wu

Abstract

Although WTO law has foreclosed the use of traditional industrial policy instruments for technology exports, this chapter argues that a new set of instruments are emerging as vital to the competition between countries for technology-related global value chains. It highlights three such instruments: export policies, technology transfer policies, and investment reviews. Together, these tools are influencing the contours of competition between firms along value chains. This chapter then examines how mega-RTAs and other treaties seek to further discipline the use of such instruments, suggesting that further law is likely to develop to constrain government action regardless of whether mega-RTAs come to fruition.

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