Great Powers and New Risks: What Businesses and Regulators Should Know about China’s Strategic Ambitions

Orbis (forthcoming Volume 65, Winter 2021), published by Elsevier Ltd. for the Foreign Policy Research Institute

GWU Legal Studies Research Paper No. 2021-01

GWU Law School Public Law Research Paper No. 2021-01

19 Pages Posted: 8 Jan 2021 Last revised: 9 Jan 2021

See all articles by Thomas D. Grant

Thomas D. Grant

University of Cambridge - Lauterpacht Research Centre for International Law

F. Scott Kieff

George Washington University - Law School

Date Written: October 1, 2020

Abstract

China’s geopolitical ambitions give rise to risks that government agencies and the businesses they regulate need to address. In particular, Military-Civil Fusion (MCF), a whole-of-government legal and administrative machinery created by the Chinese Communist Party (CCP), aims to give China’s military, as well as China’s state- championed companies, the technologies essential to strategic competitiveness in the decades ahead. In service of China’s effort to acquire technology, MCF breaks down barriers of professional responsibility and confidentiality that organizations and individuals in the West take for granted. Through both executive and legislative action, the United States has begun to address MCF. To continue benefitting from opportunities that China presents, those who do business in or with China therefore need both to heighten their situational awareness when they transact with Chinese partners and to increase their familiarity with the responses that United States regulators now are developing.

Keywords: Business, Investment, Finance, Regulation, Courts, Risk, China, Military Civil Fusion, Great Powers Competition, Trade

JEL Classification: F1, F13, F2, F23, F5, F52, K2, K22, K23, K33, K41, K42, M16

Suggested Citation

Grant, Thomas D. and Kieff, F. Scott, Great Powers and New Risks: What Businesses and Regulators Should Know about China’s Strategic Ambitions (October 1, 2020). Orbis (forthcoming Volume 65, Winter 2021), published by Elsevier Ltd. for the Foreign Policy Research Institute, GWU Legal Studies Research Paper No. 2021-01, GWU Law School Public Law Research Paper No. 2021-01, Available at SSRN: https://ssrn.com/abstract=3761811

Thomas D. Grant

University of Cambridge - Lauterpacht Research Centre for International Law

10 West Road
Cambridge, CB3 9DZ
United Kingdom

F. Scott Kieff (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-994-4644 (Phone)

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