| December 5,2014 afternoon,The Central Political Bureau to speed up the construction of free trade area for the nineteenth collective learning,Xi Jinping,general secretary of the speech pointed out:Accelerating the implementation of the free trade area strategy is an important platform for China to actively participate in the development of international economic and trade rules and strive for the institutional power of global economic governance.We can not be bystander,followers.But to do the participants,the leader.Good at building through the free trade area to enhance China’s international competitiveness.Promote more Chinese voices in international rulemaking,inject more Chinese elements,maintain and expand our development interests.(People’s Daily,2014)What is the institutional power of global economic governance?Chinese Academy of Social Sciences definition:The institutional power to discourse in global economic governance is embodied in the influence of a country on international economic rules and international economic organizations.(QIUSHI,2016)The institutional power of global economic governance,The institutional power to discourse in global economic governance,There are differences between the two statements: The former heavy objective existence,the latter sovereign state position,the two categories of ontology should be consistent.According to the definition of Chinese Academy of Social Sciences,the institutional power of global economic governance can be modeled.Model 1: One country exerts international influence through international treaties or international agreements.Typical forms such as the International Monetary Fund(IMF),the World Bank,the World Trade Organization(WTO),the three major organizations mainly by the United States and other Western countries to manipulate.Model 2: A country ’s domestic law fulfills the functions of international economic rules.Typical forms such as: the US capital market law system.This type of law,some scholars in China called: “as a source of international economic law of domestic law”(Cao Jianming、 Chen Zhidong,1999).Model 3: A country’s civil power,the development of international economic rules,play an international influence.Typical forms such as: Standards developed by the International Organization for Standardization(Britain and the United States and other Western countries led),in international trade,enterprises through the organization’s standard verification often become a ticket to enter the international market.Another example: US multinational corporations through the monopoly of the IT industry core technology factual standards,planning to lead the global IT industry development direction,open a new era of human knowledge economy.Law is the advanced maturity of the rule system,governance mainly rely on the power of the rule of law.As one of the international economic rules,the concern of international law and the institutional power of global economic governance is manifested in:(1)The above three models,each of which are more or less concerned with international law,either now is international law or may develop into international law in the future.(2)The main force of institutional power in global economic governance,or that the global economic governance first camp power,is the power of international law norms.The second camp power is the civil power that has not yet acquired the form of international law.Positioning this article:power topic on basic theory and practice of International economic law.The topic not only has the international economic law power theory innovation significance,but also cut in time to the major practical problems.Power is a social relationship,the power at the international level itself is international,International law on international relations is “a macro international law”(Huang Jin,2007).This article uses the international economic organization law,the international economic treaty law,“domestic law as a source of international economic law”(Cao Jianming、 Chen Zhidong,1999)and so on material,explain the institutional power of global economic governance.As a basic theoretical study,law of reason is outside of law.Article strictly in accordance with international law norms of economic power as a skeleton,focusing on the rationale behind the interpretation of law,the rationale outside of law revolves around the law.This paper three tasks(also the purpose and innovation):一、Theoretical summaryThrough the analysis of representative power of international law,to provide international legal rationality in order to understand the institutional power of global economic governance:propose and define the relevant categories,comb relevant knowledge,sum up the relevant theory,explain the basic structure of economic power in the norms of international law,etc.(一)The institutional power of global economic governance creation subject and application subjectThe institutional power of global economic governance creation subject includes the original founders of power relations and the reformers of power relations.Whether the original founders of power relations or reformers of power relations,the two main types may involve: private law subjects(natural and legal persons),sovereign states,international organizations and international conferences.In contrast,the norms of international law of institutional power,the founders and the reformers of the power to a smaller range,generally only may be involved: sovereign states,international organizations and international conferences,of course,also including some special units,such as: Hong Kong,China.clearly defined in the law under the premise of power relations as a limited subject.In the actual operation,the institutional power creation subject of international law involve: the creation of power of the International Congress;to participate in the international conference of the sovereign states and regional members;the permanent international organizations during the intersessional period;there is a class there is no permanent establishment during the intersessional period,such as the G77、G20,etc.then,in this case the creation subject of power is the international convention routine mechanism itself.It is to be noted that the International Conference is a direct and simple form of international organizations;and that the power model of international organizations and the power model of the international conference are essentially the same,since the substantive power of the international organization’s power model is generally passed through the members of the organization the general assembly,the international organization as a permanent body is only responsible for dealing with daily affairs.If the generalization of the international power,it is directly represented by the international conference,the others are the two agents of the international conference,these two agents in addition to the domestic law level of private law(natural and legal persons),sovereign countries,at the international level,include:(1)International organizations with typical governance structures,such as the WTO,etc.(2)Non-typical governance structure of international organizations,such as the North American Free Trade Area,etc.Such international organization has a slight structure and may have something to do directly to the State party.(3)May also be to hold an international conference,or even to achieve any substantive results,which also belonged to the practice of an international organization.The institutional power of global economic governance application subject: In general,a specific power relations framework is created,the application subject is open,as long as consistent with the relevant provisions of natural persons and a variety of human social organizations can equally use this power relationship framework.Thus,the application subject than the creation subject a wide range.Such as: the World Bank’s International Investment Dispute Resolution Center(ICSID),its creation subject is the United States and several other international law subject,while its application subject is open: as long as it is in line with the provisions of the application subject,Natural person or legal persons may initiate arbitration in the institution.(二)Fundamental structure of the institutional power of global economic governanceFundamental structure of The institutional power of global economic governance connotation:From the subject,the institutional power of global economic governance is initiated by the anonymous creation subject(the subject of private law,sovereign state),the visibility creation subject(international organizations and international conferences)direct representative of the power system.Fundamental structure of the institutional power of the global economic governance,in short,the power relations between the above four categories of subjects.Fundamental structure of the institutional power of global economic governance involves:(1)A specific global economic governance institutional power,the visibility creation of the subject and the anonymous creation subject and the degree of association,namely: the subject of domestic law,sovereign state,international economic organizations and international conference between the four main types of power of the model.(2)In the subject of private law,sovereign state,international economic organization and international conference,international economic organization and international conference are the visibility and direct representatives of the institutional power of global economic governance.Therefore,the fundamental structure of the institutional power of global economic governance is discussed,mainly to explore the internal and external power structures of international economic organizations and international conferences.(3)External power structure refers to the international economic organization and international conference and its anonymous creation subject — the main law of domestic law and sovereign countries,the relationship between the degree of correlation and relevance,in short,the external power structure refers to the external system and the environment.(4)Internal power structure refers to: within the international economic organizations and international conferences,with relative significance of the composition of public power and private power,as well as the main components of the basic characteristics of public power.In short,the internal power structure refers to authority.The IMF、 the World Bank external power structure can be summarized as: the IMF、 the World Bank and the United States bundled external power structure.The two organizations are weighted voting system,US-controlled share of the shares are on the basis of ensuring the US veto.Based on the weighted voting system,from the positive view,it makes the power voice of the United States the most weight,decision-making power concentrated in the United States;reverse to see the reform of the basic power relations of any attempt must also obtain the United States agree.The two organizations are almost private stores of the United States,unless through war,it is difficult to imagine the United States will take the initiative,because it is related to the international currency issuance of these key powers.The functions of the IMF include: supervision、 advice、loans、training、technical assistance、support for reform.The authority of the World Bank is mainly to provide and organize long-term loans,investment and so on.WTO internal and external power structure of the key elements: a country a vote system、 consensus、WTO dispute settlement agencies to exercise a very strong judicial power,all of these factors determine the WTO decision-making mechanism and sovereignty is a loose external contact.WTO external power structure can be summed up:(1)WTO is mainly “say the most countries has the final say”power mechanism,the United States and Western countries,although the creation of the WTO,but not necessarily manipulate the WTO.(2)WTO power structure advantages: to better serve the majority of countries,can be better not dominated by the power of the big or strong country;Disadvantages: easy to lead to impasse,the Doha round is empirical.The important authority of the WTO: Judgment of trade disputes in sovereign countries;The power to assess the sovereign state’s trade policy,etc.(三)The institutional power of global economic governance “the direction of power ”“The direction of power” point of view,the institutional power of global economic governance is a sovereign state exogenous longitudinal power,on behalf of the international community a certain range of collective will.Specific performance,on the basis of voluntary sovereignty(EU and other regional power structure does not require sovereign state voluntary),a power from outside the sovereign state and their nationals play a role.(1)To supervise the conduct of sovereign states,such as: the IMF’s power to monitor the exchange rate policy of member countries;(2)To review the conduct of sovereign States,such as the power of WTO to trade policy of member countries;(3)Judicial judgments on disputes between sovereign states,such as the jurisdiction of the WTO for trade disputes between member States.A sovereign state is an endogenous horizontal power that represents individual national will.Including two situations:(1)Refers to the power between countries,either cooperation,either a game,there may be war.The sovereign state in the international community is a special “national individual”(Rao geping,2013),a social organization with more statutory power than the subject of private law in domestic law.(2)There is some power relationship between the sovereign state and the subject of private law in other countries,and among these power relations,the sovereign state and the subject of the private law of other countries are also the equal subject in the legal sense.such as:the 1965 Convention on the Settlement of Investment Disputes between States and Other States(hereinafter referred to as the Washington Convention),which entrusts natural persons and legal persons to bring international arbitration under the premise of the State’s consent.Non-governmental international organizations、 transnational corporations the duality of power:the power within its system has a vertical,it can be within the system of the global branch of the order;outside the system it is the product of sovereign national law,subject to certain sovereign state.Such as: the International Red Cross Society,activities around the world,but it is non-governmental international organizations based on and subject to the Swiss civil law.Multinational companies,although the its business strategy is global,but it is also the product of domestic law,which country dominated in which country.It can be seen that non-governmental international organizations 、 transnational corporations,both organizations have the longitudinal power to format their sovereignty,but the overall consideration,they are still transnational horizontal forces.typical cases such as: once the war,the sovereign state of the assets of the enemy can take immediate measures to make it a certain sense of sovereignty.The power based on International organizations and international conferences refers to the ball-power in this article,different from that of Sovereignty and privatepower.Ball-power is exogenous longitudinal power,representing the collective will of the international community.Sovereignty is,in general,an endogenous horizontal power,primarily representing the will of individual countries.The article points out: Different from the Eastwest Southnorth Contradiction in the traditional international economic law(the contradictions between horizontal powers);In recent years,the contradictions between the ball-power and sovereignty(The contradictions between the lateral power and the longitudinal power)has been highlighted,and will also be a long-standing,new main contradiction in the era of economic globalization.二、Practical reflectionIt is a new perspective on international law to reflect on the existing institutional power of international law by using the standpoint of global economic governance institutional power.The study found that international law has limitations,international law is always free from the limitations of sovereign states.(一)International law can not be effective to take care of the post-war since the rapid changes in the objective realityOutstanding performance: both in the country or abroad are scholars in questioning the legitimacy of G20.(Yujun,2014)G20 summit from the G20 finance ministers meeting,in 1999 to deal with the Asian financial crisis in Berlin for the first time G20 finance ministers meeting.2008 to deal with the US financial crisis raised the first G20 summit,starting from 2009 G20 held summit twice a year,2016 September G20 summit held in Hangzhou,China.G20 composition: the United States、 Britain、 Germany、France、Canada、Australia、Italy、Japan、South Korea、Russia、 China、 India、South Africa、Mexico、Brazil、Argentina、Indonesia、Saudi Arabia、 Turkey、a total of 19 countries and the European Union.GDP accounts for about 85% of the world,accounting for nearly 2/3 of the world’s total population.To date,the G20 summit is an informal dialogue mechanism in the Bretton Woods system and is part of the international economic cooperation forum,which is supported by the IMF and the World Bank,the rotating presidency,and the relevant experts.The conference aims to promote cooperation between developed and emerging market countries to promote global financial stability and sustained growth of the international economy.According to the existing international law,the G20 summit is worthy of scrutiny in terms of rally basis,subject qualification of conference,representation of conference,power of conference,etc.,but no one can deny that G20 summit is more effective to governance global financial crisis than the United Nations、the IMF and other veteran international organizations more outstanding decisiveness and effectiveness.In the face of the financial crisis in Europe and the global financial crisis,the international legal framework of the international organizations: the IMF,the World Bank,so that the United Nations are helpless,to the G20 summit and other mechanisms to play a timely role of firefighters.At present,despite the scholars questioned their legitimacy,the G20 summit has in fact stabilized as the supreme authority for global economic governance in crisis treatment.Analysis of this,we can see,G20 summit in the end is not legitimate? Cited Hegel’s assertion: all the reality is reasonable,and all reasonable will also be realistic.Should be empathy,should not be considered G20 summit in the end is not legitimate,but should consider whether the existing international law is a problem.The problem is: as a social logic,the current version of international law is too low,not the G20 summit is not legal.The logic should be unconditionally and consistent with the objective reality of the movement,and should not use the lagging logic to lock in the objective reality of the movement.“Understanding the globalization of traditional national thinking and theoretical frameworks is fundamentally impractical,and we need a global shift in the paradigm of social science and social analysis,contributing to the conditions of globalization and making globalization understand and explain in all its aspects.”(Cai tuo、Liu zhenye,2014)(二)International law embodies sovereign position,the institutional power of global economic governance objective demand global lawExplain the problem this article arranges two topics,namely:1、The IMF to support the dollar hegemonyThe IMF in charge,whether monetary or exchange rates,they have a common,on the surface seems to be fair and voluntary.In essence,they are “rules of the game,the interests of the guide,the strength to speak”,the surface of the fair trade cover the real trickery.The study shows that even with the same exchange rate policy,the greater the economic power in the process of internationalization of money,the more likely it is to gain a favorable benefit for oneself,and the more benefits.(Zhang yishan、Kong lingzhu,2010)In the case of foreign exchange reserves,foreign exchange reserves refer to foreign currencies held by sovereign states.In 2010,the United States held 61.73% of the world’s foreign exchange reserves,25.96% in the euro,3.96% in the pound and 3.74% in the yen,representing the top four in 2010.The IMF existing 188 countries and regions,the nameless other currencies total 4.51%(Dai jinping、 Xiong aizong、 Tan shushi,2012).Can you use the floating exchange rate,the same legal environment,the results are fair? According to this data,the printing press,the US government can long-term deficit fiscal;US citizens even if the three none can also be through the “subprime” and ahead of consumption;the US “subprime mortgage” crisis can also be quantitative easing output.“Money power international scissors difference” in fact the United States into a world city,the majority of developing countries become the world’s rural areas.National and civil,the United States can enjoy it.It is no wonder that former US President Johnson has pointed out: “For the general citizens of the United States,the power of the international monetary system,the power of the dollar,the balance of payments,etc.,are meaningless,seems to have nothing to do with our lives.In fact Its consequences affect all American consumers,workers,farmers,industrial giants and financiers.”(Li zerui,1997)2、On the Essence of Hegemony of the Cenozoic Free Trade Agreement in the United StatesThe Cenozoic Free Trade Agreement is represented by TPP、TTIP、 TISA(3T Agreement),Regardless of Trump after taking office also engage in it,it is the United States had engaged in.Macro: TPP and TTIP is part of the US Global Free Trade Agreement strategy,the post-war US national strategic goal is to establish and maintain the US global hegemony.TISA is an upgraded version of GATS,the United States to confirm TISA multilateralization goals,but refused to application of China to join the negotiations,the United States for international economic and trade rules of the hegemony of the intention is clear.Micro: 3T Agreement contains three different types of issues: obviously conducive to the United States and other developed countries issues;obvious negative issues for developing countries;between the first two issues neutral.The difference between the power of the subjects even if the equal competition itself is not equal,we can see: 3T agreement to boost US hegemony,the United States to the developing countries to find the market and power.For example: Cenozoic free trade agreement on the protection of intellectual property rights,more than the original level of WTO protection,also more than the level of protection of the World Intellectual Property Organization,what is the secret? Intellectual property(IP)is a long term in the United States.According to WTO: 2014 global IP transfer fee of 300 billion US dollars,of which the United States accounted for 45.5%,the EU accounted for 30.3%.In 2014,China’s IP export transfer fee accounted for 0.2% of the global IP transfer fee,and the import fee accounted for 7.6% of the global IP transfer fee(Luo wei,Wan shuzhen 2015).This is why the United States has been advocating in the international community to improve the protection of IP law.Although China is the world’s second largest economy,but in the sophisticated technology,China is still far behind the United States and the European Union,the core technology is mainly dependent on imports.It can be seen that the power of international law norms is not the best,but there is no more feasible than it is,No it is not enough.三、China’s practiceTo interpret China’s specific strategy on global economic governance institutional power,to clarify its strategic focus and basic ideas.China pursues the institutional power of global economic governance,jurisprudence is based on international law,including both China’s follow-up to the established rules of international law,(power application).but also China’s contribution to the international community with the Innovation of “Chinese voice”(power creation).“Increased international law formula”(Putin,2015),to the international law of calcium,mainly rely on the power of sovereign countries,more participation in global governance.China’s fight for global economic governance institutional power is in this global context,it reflects the emerging international powers to play.(一)China’s fight for global economic governance institutional power is the Party and the country’s major policyThe Chinese Communist Party rules and regulations,domestic law norms,norms of international law has made a clear deployment.basic strategy:At the global multilateral level:(1)For the influence of the post-war Bretton Woods legacy,it includes: the IMF,the World Bank,the WTO.(2)Continue to improve the influence in G20 mechanism.(3)To promote the establishment of an international mechanism to implement the Paris Agreement on Climate Change in Paris.At the regional level,it is committed to building a new system that embodies the principles and interests of developing countries,including the BRICS Cooperative Mechanism and the BRIC New Development Bank,the Free Trade Area,the Asia Investment Bank,and so on.(二)China’s pursuit of global economic governance institutional power itself is a theoretical issueThere is a certain theoretical space and theoretical leeway.According to the specific provisions of “China’s foreign relations law as the law of governing the country according to law”(Liu Ren Shan,2016),this paper combs the two strategic priorities of internal and external: Foreign strategic focus is the construction of talent,internal is the deep-level reform of internal strength.1、The Reasons and Countermeasures of Chinese enterprises overseas arbitration of more than 90% lostIn international business activities,commercial arbitration is more common than litigation.In recent years,Chinese enterprises overseas arbitration 90%-95% of the cases to defeat large sums of money,the reason,the talent is the key,our country at this stage the less of the use of international power tools talent.Talent is the most basic power resources,talent team established,not only playing in international lawsuit,in trade,investment,international finance and other fields can make our work to a new level.(Liu dongfang,2015)2、Shanghai Free-Trade Zone financial legal system construction analysisFormer US Secretary of State Henry Kissinger pointed out: “Who controls the oil,who will control all the countries;who control the food,who will control the human;who control the currency issue,who will master the world”(Xinyan,2016),“80% of the world’s sovereign economic problems are caused by currency”(Li bin,2013).Clarifying the strategic plan of the central financial reform is the key to China’s key to the institutional power of global economic governance.According to the “China(Shanghai)Free-Trade Experimental Zone overall program”,the Shanghai FTZ financial system construction is the key to the central level of the system re-supply: straighten out the relationship between financial property,the establishment of fair competition order system,supporting legislative tasks.(Liu dongfang,2015)... |
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