The Customs Collaboration Of “ One Belt One Road ”: The Core Of Legal Cooperation Mechanism For Regional Economic Integration Of China and East Asia

• Main Authors: CHEN, SHANG-LIN, 陳尚麟
• Other Authors: WANG,HSU-CHI
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/52txtm

碩士 === 東吳大學 === 法律學系 === 106 === Economic globalization and regional economic integration are the two major features of current world economy, contributing to the continued expansion of regional economic development on an international scale. As multiple economic systems, including regional economies, conjointly form the global economic system, regional economic integration gradually expands under the trend of economic globalization, and can be viewed as one of its main drivers. In other words, symbiosis exists between regional economic integration and economic globalization. Western Europe, North America, and East Asia are the three most economically vibrant regions of the world at present. In both Western Europe and North America, regional organizations have been successfully established, namely the European Union (EU) and the North American Free Trade Agreement (NAFTA). The EU, having developed over half a century, is the most integrated of all, and has established an economic union while bringing about the transfers of national powers. On the other hand, the NAFTA was signed in 1992 and has since developed rapidly, deepening not only trade but also investment cooperation among the United States (US), Canada, and Mexico. While the successful integration within the EU and NAFTA can serve as a lesson for East Asia, such models cannot be duplicated due to the region’s multiplicity of economics and politics, as well as an “external interference” factor at play in relation to East Asia’s intricate geopolitical landscape. Hence, the delicate dynamics between East Asia and external factors such as the US and the EU, along with the historical distrust between China and Japan, have rendered the region’s economic integration all the more difficult and slow in progress. Since China and Japan both play unique and influential roles in the East Asian economic landscape, future integration development in the region will be shaped by how China, Japan, South Korea, and ASEAN nations interact. However, the US would become more reserved in global affairs in the future, as evidenced both by the protectionism espoused by Donald Trump, and Hillary Clinton’s conservatism in the 2016 US presidential election. The election of Donald Trump signifies the rise of protectionism and invites the rethinking of globalization. In addition, President Moon Jae-in of South Korea and President Emmanuel Macron of France, both of whom assumed office in May 2017, also lean towards more reserved political stances. In Europe, the fears of a disintegrating EU run deep following the UK’s exit from the EU, Italy’s constitutional referendum, as well as Austria’s presidential election. On May 21st, 2018, Giuseppe Conte, a professor of private law, was proposed for the role of Prime Minister as the head of a coalition government between Movimento 5 Stelle (the Five Star Movement), an anti-establishment party, and the far-right party Lega Nord (the League). Controversies surrounding his educational background aside, Conte is, in terms of his political stance, an Eurosceptic populist who opposes the EU and doubts Italy’s participation in it. Protectionism is extremely contagious. Today, China is ruled by an apparent nationalist. In Europe, localists and nationalists come from both the far-right and far-left. Globally, it seems as if right- and left-wingers have all come together to champion nationalist protectionism, meaning that these countries will place much more emphasis on their domestic affairs than global issues. It also suggests that the foundation of post-WWII international order – be it the liberal world trading system that we are all accustomed to, or the international security regimes established by the US and its allies – will much likely face tremendous changes. Meanwhile, China is pursuing the opposite of protectionism. As a rising superpower, China is actively promoting and engaged in regional economic integration. Since President Xi Jinping proposed in 2013 the Silk Road Economic Belt and the 21st Century Maritime Silk Road (also known as the Belt and Road Initiative, BRI), China’s Central Leading Group for Financial and Economic Affairs has made a decision in 2014 to expedite the execution of the BRI to further open up to the world. On May 14th, 2017, the first Belt and Road Forum for International Cooperation was held in Beijing and it concluded with 270 concrete results, according to a joint communique released after the event. The context of development and future trend in East Asian regional economic integration not only influence the economic developments of East Asian countries deeply, but also complicate the changes in the future economic outlooks internationally. Under these circumstances, the emergence of China provides a new alternative for Asia to achieve further integration. China’s role in the Asian and even global economy has become increasingly important. With its strong economic power, it will promote and take the lead in the integration of Asian economies. Under the framework of BRI, international collaboration and trade will become frequent. BRI emphasizes five pillars, i.e. policy coordination, facilities connectivity, unimpeded trade, financial integration, and people-to-people bonds. Under these five pillars, there are 76 consensuses comprising more than 270 detailed results. China has signed memoranda of understanding and cooperation agreements with many countries and international organizations. Besides signing cooperation agreements on trade with 30 countries, China also launched the Belt and Road cooperation initiative on trade connectivity together with 60 countries and international organizations, which includes a number of financing projects worth billions of dollars. To boost cooperation, China will also establish the Research Center for the Belt and Road Financial and Economic Development and the Facilitating Center for Building the Belt and Road. The Belt and Road Initiative is an atypical way of integration. The entire Initiative revolves around the five pillars of connectivity. As China creates the vision of development with other countries in the area and builds transportation nodes to connect countries, it also provides source of funding by founding the Asian Infrastructure Investment Bank (AIIB) and the Silk Road Fund. By facilitating the flows of goods, capital, and human resources all at once, China aims to achieve comprehensive regional integration. With the connectivity infrastructure under construction, China also proactively expands the development of human resources, tourism, agriculture, public health, environmental protection, etc. so as to conduct cross-sector and multi-tiered integration. With the development of China’s Belt and Road Initiative and the Trump administration reversing pivot out of Asia, it is most likely that China will become the greatest power in Asia. Hence, the legal cooperation mechanism among Asian countries has become all the more significant. In this thesis, the scope of legal cooperation does not accentuate how international private laws in different countries should be regulated; instead, the thesis focuses on the interaction of countries with the emphasis of customs activities. The thesis therefore discusses the legal cooperation mechanism between China and other BRI countries with the emphasis of international collaboration between customs. The fifth chapter of this thesis further discusses the customs activities and international collaboration between China’s Pilot Free-Trade Zones and other BRI countries. On September 29th, 2013, the Shanghai Pilot Free-Trade Zone was established, followed by the Pilot Free-Trade Zones in Guangdong, Tianjin, and Fujian. On April 11th, 2017, seven Pilot Free-Trade Zones were established in Liaoning, Zhejiang, Henan, Hubei, Chongqing, Sichuan, and Shaanxi, forming a “1+3+7” map of FTZs in China. The establishment of these FTZs forms a strategic layout that will lead China to open up and build a brand-new BRI network which connects the whole world. On the Silk Road Economic Belt, in addition to the node cities on the ancient Silk Road, China will also build six major economic corridors to complete its strategic layout. At the same time, the 11 Pilot Free-Trade Zones will also continue to play an important role on the economic corridors of the Silk Road Economic Belt.