On The Perfection Of ECFA Dispute Settlement Mechanism

The Economic Cooperation Framework Agreement(referred to as ECFA) was signed on June29,2010 by mainland and taiwan.Before it has been signed,.the two-way cross-strait economic activities increased frequently.With it been signed,the two-way cross-strait relations becomen more closely.At the same time,the disputes increase more much.However,the way of dispute resolution is focused on article10,and the article 10 provision simplely that the dispute of ECFA can be resolved by negotiate,or resolved by the cross-strait economic cooperation committee in the proper manner.A specialized and perfect disputes settlement mechanism has not formed. But no specific institutional arrangements exist, the main provisions are not clear, the lack of legal methods have been existed in the disputes settlement mechanism of ECFA,but the generate of dispute are inevitable,so it makes the establishment of investment disputes settlement mechanism a real urgency and necessity.Throughout the regional free trade agreements,its disputes settlement mechanism requiring different.The improve of the dispute settlement mechanim of ECFA can learned from the other disputes settlement,which hace been build.The successful implementation of CEPA which signed by mainland and Hong Kong,the signed of follow-up agreement between the two-way cross-strait have provide feasibility for improvement of ECFA.The purpose of this paper is to perfect a cross-strait disputes settlement mechanism on the basis of the comprehensive and in-depth assessment of the status quo of the cross-strait disputes settlement mechanism by absorbing domestic and international practical experience.