Regulating the Visible Hand?

The Institutional Implications of Chinese State Capitalism
Erscheinungsjahr 2015
ISBN: 978-0-19-025025-6
Verlag: OXFORD UNIV PR

Buch, Englisch, 480 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 884 g

The economic and geopolitical implications of China's rise have been the subject of vast commentary. However, the institutional implications of China's transformative development under state capitalism have not been examined extensively and comprehensively. Regulating the Visible Hand? The Institutional Implications of Chinese State Capitalism examines the domestic and global consequences of Chinese state capitalism, focusing on the impact of state-owned enterprises on regulation and policy, while placing China's variety of state capitalism in comparative perspective. It first examines the domestic governance of Chinese state capitalism, looking at institutional design and regulatory policy in areas ranging from the environment and antitrust to corporate law and taxation. It then analyses the global consequences for the regulation of trade, investment and finance. Contributors address such questions as: What are the implications of state capitalism for China's domestic institutional trajectory? What are the global implications of Chinese state capitalism? What can be learned from a comparative analysis of state capitalism?

Autoren/Hrsg.

Liebman, Benjamin L.

Milhaupt, Curtis J.

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtstheorie, Rechtsmethodik, Rechtsdogmatik, Rechtsprechungslehre

Inhaltsverzeichnis

- List of Contributors

- Acknowledgments

- Introduction: The Institutional Implications of China's Economic Development

- Benjamin L. Liebman and Curtis J. Milhaupt

- Part I: Domestic Institutional Implications

- 1. Indigenous Evolution of SOE Regulation

- Deng Feng

- 2. Blowback: How China's Efforts to Bring Private-Sector Standards into the Public Sector Backfired

- Donald Clarke

- 3. Protecting the State from Itself? Regulatory Interventions in Corporate Governance and the Financing of China's "State Capitalism"

- Nicholas Calcina Howson

- 4. Quenching Thirst with Poison? Local Government Financing Vehicles -- Past, Present and Future

- Liao Fan

- 5. Antitrust Regulation of China's State-Owned Enterprises

- Angela Huyue Zhang

- 6. Taxation of State-Owned Enterprises: A Review of Empirical Evidence from China

- Wei Cui

- 7. Balancing Closure and Openness: The Challenge of Leadership Reform in China's State-Owned Enterprises

- Li-Wen Lin

- 8. Legal Informality and Human Capital Development in China

- Chen Ruoying

- 9. Reforming China's State-Owned Enterprises: Institutions, Not Ownership

- Curtis J. Milhaupt and Wentong Zheng

- 10. SOEs and State Governance: How State-Owned Enterprises Influence China's Legal System

- Zheng Lei, Benjamin Liebman and Curtis J. Milhaupt

- 11. The Social Relations of Chinese State Capitalism

- Mary E. Gallagher

- 12. Chinese State Capitalism and the Environment

- Alex Wang

- Part II: Global Institutional Implications

- 13. China's Rising Outward FDI: Its Reception in Host Countries and Implications for International Investment Law and Policy

- Karl P. Sauvant and Michael D. Nolan

- 14. The WTO and China's Unique Economic Structure

- Mark Wu

- Part III: Chinese State Capitalism in Comparative Perspective

- 15. The Hybridization of China's Financial System

- Katarina Pistor, Guo Li and Zhou Chun

- 16. Governing State Capitalism: The Case of Brazil

- Mariana Pargendler

- 17. Chinese Exceptionalism or New Varieties of State Capitalism

- Sergio Lazzarini and Aldo Musacchio

- Index

Über Autor(innen)

Benjamin L. Liebman is the Robert L. Lieff Professor of Law and Director of the Center for Chinese Legal Studies at Columbia University Law School. His current research focuses on Chinese tort law, on Chinese criminal procedure, on the impact of popular opinion and populism on the Chinese legal system, and on the evolution of China's courts and legal profession. Professor Liebman is recognized as one of the leading scholars of Chinese law, and consulted with both the U.S. and Chinese governments on legal developments in China. He previously served as a law clerk to Justice David Souter and to Judge Sandra Lynch of the First Circuit. He is a graduate of Yale, Oxford, and Harvard Law School.

Curtis J. Milhaupt is the Parker Professor of Comparative Corporate Law, Director of the Parker School of Foreign and Comparative Law, the Fuyo Professor of Japanese Law, and Director of the Center for Japanese Legal Studies--all at Columbia University Law School. He is also a member of Columbia University's Weatherhead East Asian Institute, the American Law Institute, and the European Corporate Governance Institute. His research, which focuses on comparative corporate governance, the legal systems of East Asia, state capitalism, and the relationship between legal institutions and economic development, has been featured in The Economist, the Financial Times and The Wall Street Journal, and has been widely translated.