Post-Subprime Crisis: China Banking and GATS Liberalization

The Article first presents a brief history or survey of the some of the earlier problems that associate with China’s banking and financial institutions. The Article then addresses specific problems, in the context of the rules, procedures, and practices of the banking and finance sector, which widely range from non-performing loans, to China’s money market and interbank lending business. These problems also directly associate with the liberalization of the banking and finance sector of the economy, and the requirements of both the WTO rules and China’s WTO Protocol on accession. The Article also briefly explores the US sub-prime mortgage crisis and its contagion effect throughout the world, including the Asian region. In the context of China and the subprime crisis, the Article summarizes some of the problems that associate with China banking and financial institutions, by focusing on the policy implications of the history of banking and finance in China, and what this means in terms of both WTO compliance and greater liberalization of banking and financial institutions, especially pursuant to the WTO GATS, as service industries. All of this, eventually, allows for the presentation of certain conclusions concerning China banking and finance in the new era of a global subprime crisis.China, banking, finance, WTO, GATT, GATS, subprime crisis, Interbank lending

Western Institution Building:The War, Hayek’s Cosmos and the WTO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-Western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers of the U.S. and other developed nation-states, and international intergovernmental organizations dominated by developed nation-states such as the World Trade Organization. However arguably well intended there remains the question of what will eventually result from the introduction of Western institutions into non-Western cultures and developing countries. This article explores F. A. Hayek’s discourse concerning taxis and cosmos (Kosmos), in terms of institution building. This article addresses why China presents an instance of institution building by bargaining, while countries such as Iraq and Afghanistan offer instances of institution building by military force, then directs emphasis toward institutional and constitutional reform, and an evolution of Western law in non-Western cultures and developing nation- states such as China, Afghanistan, and Iraq. Although Hayek may have had contrary intentions, his discourse on taxis and cosmos (Kosmos), and spontaneous order, nonetheless, challenges a modern Western world to rethink its priorities and policies, and perhaps even foundational ideologies, especially in the realm of rebuilding non-Western cultures and developing countries.Western, Institution building, F. A. Hayek, War, WTO, Cosmos, constitutions, laws, international, politics, economics, military, force, neo-realism, neo-liberalism, developmentalism, globalism, transnationalism

China\u27s Amended Constitution: Quest for Liberty and Independent Judicial Review

Whether China’s model of judicial review will evolve into a more discursive, independent model is a pressing issue in international law and politics. This issue has gained even greater prominence after China’s accession to the World Trade Organization (WTO). Rule of law, and its attendant judicial review, facilitates economic growth because it affords stability, transparency, and fairness to the entire economy. The directional growth and development of Chinese constitutionalism has national, interregional, and international implications that affect the growth and prosperity of both China and the world’s economy. On March 14th, 2004, China amended its 1982 Constitution. Past amendments to the 1982 Constitution had mostly addressed economic reform. Conversely, the March 14, 2004 amendments to the 1982 Constitution addressed liberty and human rights, including property rights. These new amendments inadvertently provide a gauge for measuring the “constitutionalism” of China’s 1982 Constitution against modern constitutions.1 For instance, the constitutionalism of the 1982 Constitution may be assessed by whether, under its current constitutional regime, China can give efficacy to a constitutional amendment that supposedly safeguards human rights and rights over private property. Forces that influence China’s constitutionalism include China’s ontological base in tradition (Confucianism), political ideology, constitutional history, and constitutional and governmental structure. The newest amendments also incorporate the ideology of Jiang Zemin’s “Theory of the Three Represents” into the preamble as an additional guiding ideology. These circumstances illustrate how Chinese political ideology and culture affect constitutionalism, the safeguarding of liberty, and the development of a positive and discursive model of judicial review

Western Institution Building: The War, Hayek’s Cosmos and the WTO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers of the U.S. and other developed nation-states, and international intergovernmental organizations dominated by developed nation-states such as the World Trade Organization. Though arguably well intended there remains the question of what will eventually result from the introduction of western institutions into non-western cultures and developing countries. This article explores F. A. Hayek’s discourse concerning taxis and cosmos (Kosmos), in terms of institution building. This article addresses why China presents an instance of institution building by bargaining, while countries such as Iraq and Afghanistan offer instances of institution building by military force, then directs emphasis toward institutional and constitutional reform, and an evolution of western law in non-western cultures and developing nation-states such as China, Afghanistan, and Iraq. Although Hayek may have had contrary intentions, his discourse on taxis and cosmos (Kosmos), and spontaneous order, nonetheless, challenges a modern western world to rethink its priorities and policies, and perhaps even foundational ideologies, especially in the realm of rebuilding non-western cultures and developing countries

China and Neo-liberal Constitutionalism

This article discusses the probability of growth of neoliberalism in modern China and its implications for Chinese constitutionalism. A China polity under the vision of a neo-liberal regime engenders problems of prescribing a legal system and identifying constitutional ethos. The genesis of this article is a February 21, 2003, symposium of Chinese neo-liberals, who pro er Chinese neo-liberalism in answer to issues of reforms and Chinese constitutionalism. A Chinese neo-liberal constitutional coterie desiderates immediate democracy and a governmental model that mirrors a United States constitutional government, replete with separation of powers and independent judicial review. Such urgings are arguably a denial of both the historicity of Western liberalism and China's ontological base in tradition, being Confucianism. The historic excesses and abuses of liberalism should serve to frustrate a transplant of neo-liberal constitutionalism in China.China, constitutionalism, neo-liberalism, liberalism

A survey of the business education program in the secondary schools staffed by the school sisters of Notre Dame in the United States, 1958-1959.

Thesis (M.Ed.)--Boston Universit

Post-global financial crisis: The measure of the “Beijing consensus” as a variety of capitalisms

In order to explore the prospective effects of what hails as the Beijing consensus, a conceptualization arguably near-synonymous with Beijing’s export-oriented strategy, the Article first discusses the state of the Chinese economy in the post-global financial crisis era. After reviewing some key indicators of the country’s economy, the Article presents a comparison between a Washington and Beijing consensus, contrasting ideological meanings between these two consensuses, and then explores the measure of the Beijing consensus as a variety of capitalisms. By doing so the Article reveals the broader role of Beijing’s export-oriented strategy and its eventual relation to international capital’s industrial transformation and the prospective effects of a Beijing consensus. The Article concludes by presenting a prospectus of the Beijing consensus as a variety of capitalisms in the post-global financial crisis era. By presenting the Beijing consensus or even export-oriented strategy as an evolving model in this new era, China’s trade and finance models prospectively present a distinctive modeling of capitalism and its tools of trade and finance models

Post-global financial crisis: The measure of the “Beijing consensus” as a variety of capitalisms

In order to explore the prospective effects of what hails as the Beijing consensus, a conceptualization arguably near-synonymous with Beijing’s export-oriented strategy, the Article first discusses the state of the Chinese economy in the post-global financial crisis era. After reviewing some key indicators of the country’s economy, the Article presents a comparison between a Washington and Beijing consensus, contrasting ideological meanings between these two consensuses, and then explores the measure of the Beijing consensus as a variety of capitalisms. By doing so the Article reveals the broader role of Beijing’s export-oriented strategy and its eventual relation to international capital’s industrial transformation and the prospective effects of a Beijing consensus. The Article concludes by presenting a prospectus of the Beijing consensus as a variety of capitalisms in the post-global financial crisis era. By presenting the Beijing consensus or even export-oriented strategy as an evolving model in this new era, China’s trade and finance models prospectively present a distinctive modeling of capitalism and its tools of trade and finance models