RCEP IP Chapter: Another TRIPS-Plus Agreement?

In globalization’s era, the sustainability of a region is inseparable from the in-depth and close economic and trade cooperation of intra-regional countries to achieve complementary advantages, intra-regional and extra-regional positive economic cycles, and stable and balanced benefits distribution. For Asia-Pacific countries, the lack of deep cooperation in the past has affected their sustainability, but this can be made up for by the RCEP agreement aimed at achieving intra-regional trade liberalization. We adopt the Global Trade Analysis Project (GTAP) simulation analysis method to quantitatively analyze the impact of changes in macroeconomic and international trade indicators of several intra-regional countries after implementing the RCEP tariff reduction and exemption on the RCEP. Simulation results and comparative analysis based on international relations prove that despite the interference of trade benefits conflicts and international political factors, the RCEP can still exist in long term, and effectively promote regional economic integration and sustainability in the Asia-Pacific region. It is also a development opportunity for intra-regional countries and can also be used in the context of globalization providing references for integration and sustainability in other regions.

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The Norms on Cross-Border Data Flows in the RCEP

Huang

2022

Asian Journal of Law and Economics

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Cross-border data flows is a crucial factor in digital economy. Article 12.14 (2) and Article 12.15 (2) in RCEP stipulate the prohibitive norms on data localization, aiming to ensure the data is transferred freely. Except some other clauses indirectly stipulate some circumstances for excluding the use of the prohibitive norms, Article 12.14 (3) and Article 12.15 (3) directly stipulate the exception clauses of data localization, i.e., the clause of legitimate public policy, horizontal provisions, and clause of the essential security interests. The WTO case-laws show that the aforesaid concepts should be interpreted by the Parties according to their own reality. The norms on “anti-discrimination” and “anti-disguised restriction” are to prevent the “clause of legitimate public policy” from being abused. To understand these norms, we need to evaluate the substantive purposes of the concrete measures launched by the states, and then clarify the relations between aforesaid purposes and the legitimate public policy objective.

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RCEP IP Chapter: Another TRIPS-Plus Agreement?

Cited by 4 publications

References 1 publication

China Engages in International Regulation of Geographical Indications

China Engages in International Regulation of Geographical Indications

The role of trade liberalization in promoting regional integration and sustainability: The case of regional comprehensive economic partnership

The Norms on Cross-Border Data Flows in the RCEP

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