Competitive Rules On State-Owned Enterprises From The Perspective Of Competitive Neutrality

As State-Owned Enterprises(SOEs)’ involvement in global trade and investment has gone deeper,it has gained much concerned.On the one hand,‘state ownership’ strengthens SOE with unfair competitive advantages,on the other hand,it brings SOE with suspicious and extra burdens.In fact,the very essence of SOE is its ‘corporation’ characteristic,just as Private-owned Enterprises(POEs).Neither unfair competitive advantages nor extra burdens should be exposed on SOEs.This dissertation introduces the fundamental characteristics of SOEs,so long as it’s extra competitive advantages and the competitive distortion caused by it.Then,it provides the principle of ‘Competitive Neutrality’,as the standard of analyzing SOEs systems and rules in existing international trade and investment agreements.The reasons for introduction of ‘Competitive Neutrality’ principle relies on the reality which now China is facing with-It is obvious that SOEs contributes a lot to Chinses economy,while Chinese SOEs suffer with critics as well as suspicious form abroad.Since the SOEs topic is included in the recently concluded major free trade agreements and bilateral investment treaties as well as those under negotiation,it is necessary for China to prepare strategies and proposals on the SOEs topics.There are at last three typical strategies behind the major SOEs rule systems.The first one is the WTO Strategies,which is insufficient coping with competitive distortion caused by SOEs.The second one is TPP Strategies,which is rather burdensome for contracting parties.The third one is OECD Strategies,which is helpful and practical,and recommended by this dissertation.Then,this dissertation analyses typical rights and obligations about SOEs in major international trade and investment agreements,such as GATT、GATS、TPP、TTIP、TiSA、the US Model BIT 2012、NAFTA,giving introduction on the definition and scope of SOEs、Non-discrimination obligations、transparent obligations、commercial considerations and non-commercial assistance.By analyzing those obligations and rights,this dissertation attempts to seek proper proposals that China could offer in international negotiation.However,due to the lack of time and experiences,although the writers has tried her best to provide a full picture on the existing SOEs rules,there still might be mistakes and the demonstration might be shallow.As for this concern,the writer now shows her sincere regrets.