China's Banking Law and the National Treatment of Foreign-Funded Banks

Description

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 is 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. Contents List of Tables List of Abbreviations Foreword • Sir Ross Cranston Foreword Preface Acknowledgments Introduction 1 History of National Treatment in China 2 WTO National Treatment and China’s Banking Commitments 3 Market Access, Forms, and Legal Status of Foreign-Funded Banks in China 4 China’s Banking Law Framework: Different Positions of Foreign-Funded Banks and Chinese-Funded Banks 5 More Favourable Treatment of Foreign-Funded Banks 6 Less Favourable Treatment of Foreign-Funded Banks 7 Identical Treatment between Foreign-Funded Banks and Chinese-Funded Banks 8 Integrating China’s Banking Law Framework Conclusion Bibliography Index