Research On Dispute Settlement Mechanism Of China-Association Of Southeast Asian Nations Free Trade Area

As the subscription of Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-Operation Between the Association of Southeast Asian Nations and the People's Republic of China, China-Association of Southeast Asian Nations free trade area is entering a new stage of construction. As we all know that China and the ten countries in East Asian Union are all developing countries, but there is great difference in terms of economic development level, economic system, politics, culture and jural system. Thus, in the process of cooperation, Dispute Settlement Mechanism becomes especially important. Whether the Dispute Settlement Mechanism is sound and protects the construction of China-Association of Southeast Asian Nations free trade area attracts much attention. Based on this, this essay put the Dispute Settlement Mechanism in the circumstances of international dispute and tries to analyze and research on it with the empirical and theoretic methods.This essay is composed of five parts. The first part gives a brief introduction of the history of the international dispute Settlement approaches and the relationship between national and international dispute Settlement approaches. The second part dwells on the legal sources and main contents of the dispute settlement mechanism of China-Association of Southeast Asian Nations free trade area. This dispute settlement mechanism embraces the aids, functions, principles and basic procedures. The third part gives a nomological analysis and tries to prove the soundness of the dispute settlement mechanism. The dispute settlement mechanism of China-Association of Southeast Asian Nations free trade area accords with principle of procedure justness and are proves to be efficient.The fourth part is the further research on the dispute settlement mechanism by comparing the dispute settlement mechanism of WTO, Northern American free trade area, European Union and Southeast Asian Union. The part gets the sameness and difference in terms of resolution organs, case-taking range, basic procedure and time limit in order to gain successful experience. The fifth part is an appraisal of the dispute settlement mechanism of China-Association of Southeast Asian Nations free trade area. Comparing with the dispute settlement mechanism of Northern American free trade area, European Union and Southeast Asian Union, this essay explains the advantages and the disadvantages of the dispute settlement mechanism of China-Association of Southeast Asian Nations free trade area and gets advice accordingly.In conclusion, by analyzing the dispute settlement mechanism of China-Association of Southeast Asian Nations free trade area nomologically and comparing with the dispute settlement mechanism of Northern American free trade area, European Union and Southeast Asian Union, this essay put some suggestions in order to make the system more efficient and fair, providing sound legal support for the building and development of China-Association of Southeast Asian Nations free trade area.