SUN Nanxiang: Historical Evolution and Legal Focus of and China’s Response to SOEs Rules


 
 

Abstract: Recently, the United States and other Western countries have been committed to incorporating SOEs rules into regional economic and trade arrangements. The core of this is an attempt to limit the development space of SOEs through identity regulation. Looking back in history, the normative focus of international trade agreements on enterprises requires maintenance a fair and equitable market economic order. Through the treaty interpretation of the CPTPP SOEs commercial rules, the commercial consideration obligation of state-owned enterprises does not necessarily indicate that there is no connection between the enterprise and the government, and the logical focus is to ensure that such correlations are currently being implemented to ensure that state-owned enterprises participate fairly in active market competition by optimizing the business environment. In this regard, states should be encouraged to build a fair competitive market for state-owned enterprises. In addition, the independent status of state-owned enterprises in the industrial chain should be ensured through legislation and other means. 

Key Words: CPTPP; international rules for state-owned enterprises; regional economic and trade agreements; competition rules; commercial considerations 

Author: Sun Nanxiang, Ph.D. in Law, associate research fellow, CASS Institute of International Law.

Source: 1 (2025) Wuhan University International Law Review