By Jamie P. Horsley – As recently as early May, optimism ran high that the United States and China were nearing an agreement to resolve their escalating trade dispute. But talks have hit an impasse, with both sides announcing new rounds of tariffs over the past few days.
In an interview on Fox News Sunday, White House economic adviser Larry Kudlow explained that a key point of contention is U.S. insistence that Chinese commitments be “codified by law in China, not just a State Council announcement.” According to Kudlow, the U.S. seeks “very strong enforcement provisions” to correct past Chinese behavior on trade, which he characterized as unfair, nonreciprocal, and sometimes unlawful.
Various U.S. media reported that the Chinese side was averse to the idea of a foreign country dictating Chinese law. Instead, negotiators from Beijing reportedly offered to codify the agreement through regulatory and administrative actions. The standoff raises an important question: If the other substantive issues can be resolved, would an agreement be enforceable even if it falls short of being codified in national laws?
National laws, local regulations, State Council regulations, and rules are all part of what is collectively called “legislation” (lifa). National laws (falü) are adopted by China’s National People’s Congress (NPC) and the NPC Standing Committee pursuant to formal procedures—including public notice and comment—set forth in the Legislation Law.
Similarly, local regulations (difangxing fagui) are adopted by the people’s congress operating in a particular province or autonomous region. State Council regulations (xingzheng fagui), which are legally binding and enforceable, are also governed by the Legislation Law and subject to public comment and other procedures stipulated in State Council implementing regulations (colloquially, the “Rulemaking Regulations”).
The same applies to rules (guizhang), which are promulgated by central departments and local governments. more>
Posted in Business, Economy, Education, How to, Regulations, Technology
Tagged Business improvement, Capital, China, Government, Law, Law Enforcement, Trade war
By Jochen Steinhilber – We are discussing the digital transformation, which will profoundly change how we live, work and participate in politics and society in the decades to come.
The political and social significance of digital networking, smart factories and big data depends on how technology is used. It can deepen social inequalities and cement domination and profit maximization, or it can improve working and living conditions and facilitate participation. That is why digitalization needs political direction and should be based on social agreements.
But how can this be achieved without, for example, bringing those companies under tighter democratic control that, for many years, have been engaged in secret negotiations on international trade policy to ‘protect’ the digital and services agenda from all state intervention for years to come?
Also, those who will rightly champion the ecological transformation in the coming years and want to pursue it in a maximally inclusive way will have to ask themselves how this can be achieved under the current relations of power between the economy, politics and democracy—especially under lower growth rates that allow less space for redistribution.
Anyone who now claims that, considering the challenges of climate protection, a debate on economic democracy is a diversionary tactic and at best of theoretical rather than political interest, ignores the fact that the important strategic decisions must be taken at the economic level.
Do we really want to leave crucial questions—where can growth continue because it serves the common good? what must be dismantled because it is ecologically and socially harmful? and who pays for the change?—for the most part to the dominant market players?
And finally, the frequently-invoked crisis of democracy at least suggests that we need to rethink how the economy works. more>
Posted in Banking, Business, Economic development, Economy, Education, History, How to, Technology
Tagged Business improvement, Capital, Free market, Government, Internet, Technology