Trade Disputes Settlement Mechanism Between Mainland China And The Separate Customs Territory Of Taiwan Within The WTO

Since January 2002, the cross-strait relation betweenMainland China and Taiwan has entered into a new era. BothMainland China and Taiwan belong to the same China and thusTaiwan is an inalienable part of China, even though they holdtwo separate seats within the WTO. Along with the growth oftrade and the forthcoming opening of direct trade and shipping,trade disputes between Mainland China and Taiwan willinevitably increase. Although Mainland China and the Taiwan SCTbelong to the same China, they both are equal WTO members. Thisis a reality both the Mainland Government and the Taiwanauthority must accept and face. How to resolve trade disputeseffectively and legally within the WTO is a question which mustbe answered adequately by the two governments. This articleanalyzes the problems in the settlement of trade disputesbetween Mainland China and the Separate Customs Territory ofTaiwan within the WTO by outlining the reality of tradesituation and trade disputes between both sides of TaiwanStrait. The author puts forward opinions for the constructionof the trade disputes settlement mechanism between MainlandChina and the Separate Customs Territory of Taiwan by referringto the dispute settlement mechanism of WTO and other disputesettlement mechanisms in regional trade arrangement.This article is divided into three main sections: The first section outlines trade situation and tradedisputes between Mainland China and the Separate CustomsTerritory of Taiwan by using a lot of statistic numbers.The second section analyzes the problems in the settlementof trade disputes between Mainland China and the SeparateCustoms Territory of Taiwan within the WTO by outlining thereality of trade situation and trade disputes between bothsides of Taiwan Strait.In the third section, considering the special features ofcross-strait relations, the author puts forward opinions forthe construction of the trade disputes settlement mechanismbetween Mainland China and the Separate Customs Territory ofTaiwan by referring to the dispute settlement mechanism of WTOand other dispute settlement mechanisms in regional tradearrangement.