Study On The Dispute Settlement Mechanism Of China-Asean Free Trade Area

This paper is about the dispute settlement mechanism of China-Asean Free Trade Area (China - ASEAN Free Trade Area, CAFTA), which profoundly decomposes its function, characteristics and shortages, and analyzes the difference of the dispute settlement mechanism in system in CAFTA,WTO and other RTAS . As a former political regional inter-governmental dispersion joint to a economic entity with this extended which includes all of nation in southeast Asia, so its economic trade friction is unavoidable, and the dispute settlement mechanism research will surely become the focus. In this paper, it does the mode, characteristics a deep analysis. Discusses the similarities and differences of the dispute settlement mechanism of CAFTA, the north American free trade zone, and the WTO. Concluded that the shortages and relative advantages of the dispute settlement mechanism of CAFTA .And eventually analysis how to deal with this opportunity and challenge and about the response to CAFTA.Except preface, this article is divided into four parts. In the first part it makes a general analysis about the CAFTA dispute settlement mechanism. This section is the foundation of the full text. First it did the dispute settlement mechanism of CAFTA briefly overview, and then on to its background to make a profound theoretical analysis. Next it discusses the legal foundation of dispute settlement mechanism of CAFTA. From the micro terms, CAFTA dispute settlement system is a legal protection and legal basis for CAFTA agreements signed among the contracting states. In protecting the lawful rights and interests of parties, it makes an effective safeguard. Macroscopically speaking, CAFTA dispute settlement mechanism accommodates international regional economic integration trend. It plays an important role in formulation and enforcement to promote international economic order more orderly developing.In the second part it introduces the characteristics of the dispute settlement mechanism of CAFTA, the shortcomings of its process and entity law in formulating, and then gives the measures in how to improve it. According to the special regional circumstances, geopolitical, politics, economy and culture etc of CAFTA, CAFTA dispute settlement mechanism has its own characteristics of both political and legal modes. But because the dispute settlement mechanism just recently put into use , so from the system constituting to procedure law making there inevitably are some defects. In this section it gives the appropriate suggestion to counter these weak points. Based on its implementation status being not satisfactory, it encourages when the disputes occur, one should first consider CAFTA dispute settlement mechanism to use.In the third part it mainly refer that CAFTA dispute settlement pattern is for the WTO dispute settlement patterns as template, and most of all CAFTA members are WTO members, so when the overlapping members in a case, with overlapping start in which a dispute settlement mechanism analysis under various conditions suitable conditions, it gives the corresponding suggestions to choose the proper mechanism in specific situations. Such as if the case involved political problems, it should be solved by CAFTA dispute settlement mechanism, and if it involved more fair and impartial adjudication, it should be switched on the WTO dispute settlement mechanism.In the fourth part it refers that in the application of CAFTA dispute settlement mechanism, China should make some reasonable ways to promote CAFTA development. It should set a specific corresponding domestic legal system, such as concerning foreign affairs agencies and special staffs, supervision and early warning mechanism, cultivating CAFTA special legal staffs to make specific aspects to reply that. In CAFTA dispute settlement mechanism, China should make a part of supports to push the CAFTA getting better development.