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Regulatory Reform in China and the EU

A Law and Economics Perspective Edited by Stefan E. Weishaar, Associate Professor of Law and Economics, Faculty of Law, University of Groningen, Niels Philipsen, Professor of Shifts in Private and Public Regulation, Erasmus School of Law - RILE, Erasmus University Rotterdam and Vice-Director, METRO, Faculty of Law, Maastricht University, the Netherlands and Wenming Xu, Assistant Professor, School of Law and Economics, China University of Political Science and Law, China
With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective.
Extent: 296 pp
Hardback Price: $145.00 Web: $130.50
Publication Date: 2017
ISBN: 978 1 78536 853 0
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  • Asian Studies
  • Asian Law
  • Economics and Finance
  • Economic Regulation and Governance
  • Law and Economics
  • Law - Academic
  • Asian Law
  • Law and Economics
  • Regulation and Governance
With the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective.

With eminent international contributors, Regulatory Reform in China and the EU sets out a reform agenda by addressing financial markets, social and administrative regulation, and environmental protection. The first part of the book discusses the banking sector reform and the stock market regulation concerning institutional investors, insider trading and private enforcement. A second part discusses contract law and considers how EU state aid policy could also influence reform on (local) government in other jurisdictions. Third, environmental pollution and the need for stricter regulation are considered, with a focus on the possibilities of investment in new technology, such as offshore carbon capture and storage, economic growth and the nexus between WTO law and climate change. The fourth and final part of the book includes an essay by Jonathan Klick on the empirical analysis of regulation, with a particular focus on field experiments in China.

Academics and postgraduate students of both Economics and Law with a particular interest in regulation will find this book valuable and compelling. Policymakers and practitioners will also benefit from the insights revealed by the collaboration of lawyers and economists.
‘The Republic of China's economy may have advanced in leaps and bounds but does it have the regulatory framework to meet the needs of the 21st century? Against the background of an important Chinese initiative for regulatory reform, this important set of essays, drawing on law and economics and regulatory theory, reviews developments in the Chinese regulation of finance, the environment and other sectors, comparing them with the EU experience. A "must" for scholars and policymakers alike.’
– Anthony Ogus, Professor Emeritus, University of Manchester, UK and Erasmus University Rotterdam, the Netherlands
Contributors: R. Chen, Y. Chen, J. Dai, M.G. Faure, S. Feng, B. Gui, J. Hu, J. Klick, W. Li, R.A. Partain, N. Philipsen, S. Weishaar, T. Xi, G. Xu, W. Xu, Q. Zhou, T. Zhou


Contents:

Introduction
Wenming Xu, Stefan E. Weishaar and Niels Philipsen

PART I Financial Markets
2. Money, Banks, and the Commercial Banking Law: A Framework for Law and Economics Analysis
Tao Xi

3. Rethinking China’s Capital Market and Financial Stability after the Global Financial Crisis: The Significance of Institutional Investors
Jiye Hu and Yang Chen

4. Unpredictable Enforcement: A Study on CSRC’s Approach to Insider Trading in China
Tianshu Zhou and Wenjing LI

5. Private Enforcement of Securities Law in China: An Empirical Analysis of SPC’s 2002 Notice on A/B Share Markets
Jiajia Dai, Shiting Feng and Wenming Xu

PART II SOCIAL AND ADMINISTRATIVE REGULATION
6. What can economists learn from contract lawyers?
Qi Zhou

7. Evolving Goals of EU State Aid Policy and Possible Lessons for China: A Law and Economics Approach
Niels Philipsen

PART III ENVIRONMENTAL REGULATION
8. Development of a Regulatory Framework for CDM-Enabled Offshore Carbon Capture and Storage (OCCS) in China
Roy A. Partain and Michael G. Faure

9. Does the Environmental Kuznets Curve Hold for China? An Empirical Examination
Binwei Gui, Michael G. Faure, and Guangdong Xu

10. Carbon labels: Climate Change Regulation and Legal Risks and Opportunities under WTO Law
Stefan E. Weishaar and Ruohong Chen

PART IV RESEARCH AGENDA
11. Empirical Analysis of Regulation: The Promise of Field Experiments in China
Jonathan Klick

12. Regulatory Reform in China and the EU: Comparative and Concluding Remarks
Niels Philipsen, Stefan E. Weishaar and Wenming Xu

Index