A Study On The Coopetition Between WTO Rules And FTA Institutions

Regional trading arrangements, such as FTAs, have legally consisted in the GATT/WTO system from the start as an exception to the principl of MFN . But in recent years, there comes out some new trends which make the relation between FTA and WTO more complicated and confusing. This arosed the author's interests to do some penetrating research on this issue. As to the analytical angle and research methods, the author strived to bring forth some new ideas. The concept "coopetition" is used to be adopted in the study of law, but it has been transplanted to the field of economics and management in recent years. Therefore, doing research on the analyses of the developmental complicated mutually reacting situation between FTAs and WTO by means of the concept "coopetition" will definitely increase the novelty of the analytical angle. Furthermore, because the new institutional economics has more powerful explanatory competence to practical economic issues, especially to economic issues closely related to institution, and no matter WTO rules or provisions on FTA are all in the category of institution, therefore, the author tried to analyze the institutional coopetition issue with some related theories and viewpoints within the scope of the new institutional economics. According to the comprehensive analyses, conclusion was drawn. As to the developmental trend of the the coopetition between WTO rules and FTA institutions, the aspect of competition will be more remarkable. Also, the global multilateral trading system of WTO and the regional trading arrangements will develop simultaneously in the foreseeable future. To unite all the trading sytems into one category——the global multilateral trading system of WTO is still too difficult. Escepically, we should take measures against the unexpectedly sudden collapse of WTO trading system. Finally, based on the analyses and conclusion, the author did some research on the Chinese countermeasures against the current above-mentioned situation and made some advice mainly on three aspects. Those are: the construction of FTAs under Chinese sovereignty; the key aspects to be considered during the constrution and operation of the FTA between China and Asean; China's active participation in the legislation and amendment of related WTO rules.