Preface

• Author: Zhang Zhaohan and Fu Shuning
• Pages: 1-3

Tsinghua China Law Review

Volume 10 Spring 2018 Number 2

PREFACE

The Spring 2018 Issue of the Tsinghua China Law Review

provides readers with insight into the past, present and future of

China’s rule of law from economic and societal perspectives. The

five carefully-selected articles cover such areas of law as trade,

cross-border investment, intellectual property, takeover and

environmental protection.

With de-globalization trends occurring in recent years, it is of

great significance to reflect upon issues in the realm of international

economic law. This issue has selected three inspiring articles written

by scholars from the Faculty of Law, University of New South Wales

following the Tsinghua-UNSW Workshop 2017.

In Divergence, Convergence or Crossvergence of Chinese and

U.S. Approaches to Regional Integration: Evolving Trajectories and

Their Implications, WANG Heng analyses the question of whether

Chinese and U.S. trade approaches will converge, diverge or both,

and discusses the reasons for such trends. The article states that

Chinese and U.S. trade approaches are likely to demonstrate both

divergence and convergence, leading to crossvergence. Divergence

can be found in fundamental areas, especially the approaches to

regionalism and multilateralism. Convergence occurs only in

selected areas such as investment and intellectual property.

Uncertainties exist since both the Belt and Road Initiative and trade

policies of the Trump Administration are under development. The

interaction between Chinese and U.S. approaches will affect the

shaping of the international economic legal order.

In China’s Investment in Australia: A Critical Analysis of

Australia’s Foreign Investment Review Mechanism, JIANG Huiqin

and ZHOU Weihuan analyze Australia’s foreign investment review

mechanism and its central element, the Foreign Investment Review

Board process. The authors argue that four factors about the

mechanism may remain as barriers to Chinese investment in

Australia following the establishment of the China-Australia Free

Trade Agreement, and provide suggestions for Chinese investors and

the Chinese government.