Anatomy of Hong Kong's International Trade Law: Logic and Consequences of Unilateralism, Bilateralism, and Multilateralism

The proposed research project conceptualizes and investigates the Hong Kong Special Administrative Region (HKSAR)'s international trade law and policy as a triangular structure (composed of unilateral, bilateral, and multilateral rules). While we know that the HKSAR does act in these three ways, it is not always clear why it pursues different strategies or whether there are any discernible patterns to its behavior. Examples of the HKSAR's unilateral behavior can be found in its extra-territorial application of competition law or when it applies trade defence instruments. Bilaterally, the HKSAR concludes agreements with states individually, in group units, or with international organizations, while the most obvious expression of its multilateral approach in international economic relations lies in its membership of the World Trade Organisation (WTO). This research project is not limited to a classic doctrinal analysis of the law in Hong Kong; instead, the research focuses on the law in motion, i.e. the logic and consequences of Hong Kong Triple-Track Strategy in international trade rules and policies. More specifically, the proposed research examines how the legal order of the HKSAR shapes its international behavior, and the impact of the triangular approach on domestic laws and policies. In this respect, this project uses a multifaceted research methodology which will primarily be qualitative in nature, employing, in particular, scoping round-tables and qualitative interviews. The research topic s important. While the HKSAR's political project remains specific, its central characteristic remains that of an economic unit, and its international relations continue to be dominated by this feature. Although the HKSAR's economic relations cover a wide array of areas ranging from competition policy to international aviation law, we propose to focus our research on the international relations of the HKSAR as they relate to trade and investment. Trade is the only area of international relations where the HKSAR acts as a single unit under a legally binding multilateral framework — at the WTO. Despite being one of the leading trade and investment world center trading blocs, however, the HKSAR is obliged to conform to the rules of the multilateral trading system, which places restrictions on its freedom to act unilaterally and bilaterally. The project examines these issues in detail, analysing the HKSAR's motivations and methods for pursuing these objectives at different levels or venues, and exploring the consequences for the domestic structure of the HKSAR system and its stated policy goal of coherence in its international relations.