Research On Mechanism Of Dispute Settlement In CAFTA

Along with the development of economic globalization and the integration of regional economy, China-ASEAN Free Trade Area(CAFTA), an economy alliance which is completely composed by developing countries has come into being. Alhough the current economy of CAFTA countries is developing very fast, the trade disputes and conflicts are also reaching their peak. There is an issue which cannot to be ignored is that Once disputes arise between China and ASEAN countries, how CAFTA legal mechanism of dispute settlement can effectively guarantee the natural operation of the China-ASEAN free trade area, which in return make their disputes been solved smoothly and fleetly. To attain the above purpose, the paper commmences from the substance of CAFTA dispute settlement mechanism and its background, starts from a multiple perspectives of Macro-international relations, creatively makes a game-theory and comprehensive study of the above issue. In terms of research methodology, this paper conducts literature research, empirical study, comparative and case analysis, argumentation method as well as interdisciplinary research. At the same time, by comparing the different ways of CAFTA dispute settlement and analyzing, it reflects a typical value of dispute settlement mechanism of CAFTA. After summarizing the various new cases which combine with theory and practice, this thesis claims that in order to cope with the diversified development trend of the CAFTA disputes, it is necessary to accelerately establish and improve the plurality of dispute settlement mechanism, and integrate various social resources, make a integrated usage of conciliation, mediation, arbitration method so that to build up an functional complementation and effective settlement mechanism system. Thus, it will in return provide some alternative means of disputes settlement that will suit their interest-preference to resolve the disputes and conflicts among CAFTA parties timely, effectively and then finally maintain the good development of CAFTA.