| 摘要: |
| 国有企业和国家指定垄断企业是 TPP协议一个重要内容，协议对这些企业的贸易和
投资行为所做的规定在某种程度上参照了WTO规则，特别是TPP关于国营贸易企
业和垄断性服务供应商的规定以及关于政府补贴的规定，但在国有企业和指定垄断
企业的定义、政府补贴、国有企业投资、监管中立、司法管辖、一般例外、国别例
外和争端解决等几个方面，该协议的规定或是首创，或是比WTO的规定更加具体和
有针对性。作为迄今为止标准最高的区域自由贸易协议，TPP协议有关规定很可能
成为将来区域自由贸易协议制定相关纪律，乃至 WTO深化现行有关规定的参考。 |
| 关键词: 国有企业 国家指定垄断企业 TPP 协议 WTO规则 关系和区别 |
| DOI： |
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| 基金项目: |
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| TPP Disciplines on State-owned Enterprises in Comparison with WTO Rules |
| ZHANG Li-Ping |
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| Abstract: |
| It appears that the disciplines for State-owned enterprises and designated monopolies in the Trans-
Pacific Partnership Agreement are to some extent modelled on those in the World Trade Organization, particularly
the latter’s rules on State-trading enterprises and monopolized services suppliers as well as on subsidies granted by governments. Nevertheless, this Agreement goes beyond the WTO rules in several aspects, particularly its provisions regarding the definition of State-owned enterprises and designated monopolies, non-commercial government assistance, investment by State-owned enterprises, general exceptions, country-specific exemptions and dispute settlement. It addresses these issues either in an inventive manner or in a more concrete or more specific
manner. As the highest-standard regional free trade agreement concluded so far, the comprehensive provisions in
this Agreement will likely become references not only for future regional trade agreements in setting disciplines for State-owned enterprises/designated monopolies, but also for negotiating future rules in the World Trade Organization to deepen its disciplines for State-owned enterprises and designated monopolies. Hence it is worth examining the similarities and dissimilarities between the provisions under the Trans-Pacific Partnership Agreement and the World Trade Organization agreements |
| Key words: state-owned enterprises designated monopolies TPP agreement World Trade Organization Rules similarities and dissimilarities |
