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Research On Several Legal Problems In The Construction Of Dispute Settlement Mechanism In Asia - Pacific Free Trade Area

Posted on:2016-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:R DuanFull Text:PDF
GTID:2176330452968606Subject:International Law
Abstract/Summary:PDF Full Text Request
November2014, APEC has be held in Beijing, China. The chairman of the President xijinping declared at the APEC (APEC) leaders’ informal meeting that China decided to start theprocess of free trade in the area of the Asia-pacific, approval of APEC to promote the Asia-pacificfree trade area road map.It is imperative to establish a free trade in the area of the Asia-pacific.Inrecent years, free trade areas in the region emerge in endlessly, of which the north American freetrade area and the China-Asean free trade area of the most representative.It is worth noting thatunder the domination of the United States,the TPP negotiation process is gradually impelled inrecent years.Due to its high level and wide range, critics believe that the TPP could be set up asfree trade area of the Asia-pacific. In order to guarantee the free trade agreement will play a role ofthe adjustment of the Asia-pacific regional economic and trade order, dispute settlement system isextremely important in the construction of free trade area of the Asia-pacific.This article under thebackground of such research, at present the selection of the most two representative free trade areaagreement-China-Asean free trade agreement and the trans-pacific partnership agreement of thedispute settlement mechanism is part of a comparative study, so as to provide reference to theAsia-pacific free trade area which will be built in the future.The first part of this paper is introduced in the Asia-pacific region economic and trade and thedevelopment of free trade areas, thus expounds to the necessity and feasibility to comparison ofthe north American free trade area with China-Asean free trade area dispute settlementmechanism, The second, third and forth parts as the main part of this article, will have on China-Asean free trade area and effective research model of TPP-NAFTA and KORUS FTA, the severallegal issues in dispute settlement mechanism are studied, including the applicable scope,organization setup, program construction, enforcement mechanism and dispute settlementmechanism in the field of investment, in which will involve some important system, such aswaiver clause, not in violation of the suit, in line with the complaint procedures for furtherresearch.I hope that the study of the above parts, will come up with useful and practicalrecommendations to the establishment of the Asia-pacific free trade agreement.
Keywords/Search Tags:Free trade zone, Dispute Settlement mechanism, NAFTA, KORUS FTA, CAFTA
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