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


Book 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.




Chinese Banking Law and Foreign Financial Institutions


Book Description

If China is to develop a modern and viable banking sector, it needs to put in place a suitable legal infrastructure which is consistent with emerging international supervisory standards, WTO requirements and aspirations for financial sector liberalisation. The author argues that current foreign banking laws are fundamentally out of line with international standards and practices and that legislators and supervisors do not appreciate or cultivate commonly accepted supervisory values. This book proposes a set of reforms that would at the same time create a legal environment for competitive equality between foreign banks and protect the Chinese banking system. The issues considered include the licensing process for the entry of foreign banks into the Chinese market, the ongoing regulation of foreign banks and foreign bank crisis management or bank failure resolution. The author offers a proposed framework of Chinese foreign banking law which should be of great benefit to existing and prospective foreign banks in China.




Monetary and Exchange System Reforms in China


Book Description

In 1978, China embarked on a gradual but far-reaching reform of its economic system. This paper focuses on the achievements so far in reforming the financial sector, the legal framework for financial transactions, the payments system, and the monetary policy and foreign exchange system. It also analyzes the tasks ahead to achieve the goals set in these areas for the year 2000.




Banking Regulation in China


Book Description

Banking Regulation in China provides an in-depth analysis of the country's contemporary banking regulatory system, focusing on regulation in practice. By drawing on public and private interest theories relating to bank regulation, He argues that controlled development of the banking sector transformed China's banks into more market-oriented institutions and increased public sector growth. This work proves that bank regulation is the primary means through which the Chinese government achieves its political and economic objectives rather than using it as a vehicle for maintaining efficient financial markets.




Powering the Digital Economy: Opportunities and Risks of Artificial Intelligence in Finance


Book Description

This paper discusses the impact of the rapid adoption of artificial intelligence (AI) and machine learning (ML) in the financial sector. It highlights the benefits these technologies bring in terms of financial deepening and efficiency, while raising concerns about its potential in widening the digital divide between advanced and developing economies. The paper advances the discussion on the impact of this technology by distilling and categorizing the unique risks that it could pose to the integrity and stability of the financial system, policy challenges, and potential regulatory approaches. The evolving nature of this technology and its application in finance means that the full extent of its strengths and weaknesses is yet to be fully understood. Given the risk of unexpected pitfalls, countries will need to strengthen prudential oversight.




Doing Business 2020


Book Description

Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.




China's Changing Legal System


Book Description

While much international attention has been focused on China's developing economy, dramatic changes are also taking place in its legal system. This book is a groundbreaking, comprehensive introduction to China's legal system, covering the major areas of both civil and criminal law. The authors present fascinating cases and balanced accounts of controversial issues, from copyright law to punishment. By letting Chinese lawyers and judges speak for themselves, the authors also allow readers a surprisingly candid insider's view of real life legal practice.