2019
DOI: 10.1093/jiel/jgz037
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Forced Technology Transfer and the US–China Trade War: Implications for International Economic Law

Abstract: Forced technology transfer has emerged from the US–China trade war as a new issue of systemic importance. The USA, the European Union, and Japan have jointly condemned forced technology transfer as a practice undermining the proper function of international trade and called for new WTO rules to discipline the practice. This article examines the issue in the broad context of international economic law. It seeks to address the following questions: What does ‘forced technology transfer’ mean? Where did this pract… Show more

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Cited by 23 publications
(10 citation statements)
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“…In order to force US "rms to transfer technology to Chinese organizations, according to the USA, China engages in "forced technology transfer" by employing administrative procedures and ownership constraints [2]. In the trade war, President Trumps took lots of measures from political, economic, diplomatic side to put pressure on China.…”
Section: Reducing High-tech Global Supply Chainmentioning
confidence: 99%
See 1 more Smart Citation
“…In order to force US "rms to transfer technology to Chinese organizations, according to the USA, China engages in "forced technology transfer" by employing administrative procedures and ownership constraints [2]. In the trade war, President Trumps took lots of measures from political, economic, diplomatic side to put pressure on China.…”
Section: Reducing High-tech Global Supply Chainmentioning
confidence: 99%
“…The Trump administration has resorted to taking unilateral steps under Section 301 as a result of these accusations. Despite China's denial of these accusations, the USA has increased tariffs on more than half of Chinese imports since July 2018 [2]. Besides, actions from President Trump also served global supply chain in high-tech Industries, China's high-tech industries depend on other raw material from overseas countries.…”
Section: Reducing High-tech Global Supply Chainmentioning
confidence: 99%
“…The West feels that MIC25 does not provide a level playing field to foreign businesses. They feel that China through large subsidies, domestic industry protection, policies that enable the purchase of technology and IPR from abroad (USTR, 2017a), policies that force foreign firms to transfer technology to access Chinese markets (Prud’homme, 2019; Qin, 2019) and reforms that violate WTO commitments are encouraging this (Branstetter, 2018). Such a policy would eventually make companies that have already set shop in China lose business to the Chinese companies because of the ‘self-reliance’ and ‘technological competitiveness’ developed by them as a result of the incentives provided by MIC25.…”
Section: Understanding ‘Made In China 2025’mentioning
confidence: 99%
“…finally, a separate goal of the Tech War is limiting China's "unfair" trade and economic practices (atkinson and ezell, 2012;Nakayama 2012;Shim and Shin 2016;Gewirtz, 2019;manning, 2019;Gewirtz, 2019;Qin, 2019;Kim et al 2020;Capri, 2020;u.S. Department of State, 2020).…”
mentioning
confidence: 99%