China - Asean Free Trade Area Of ​​the Dispute Settlement Mechanism

The regional economic integration have developed quickly in the whole world since the early 1990's, and greatly promoted liberalization of international trade. Free trade area, as an important component of the regional economic integration, involves in goods trade, services trade, Intellectual Property Protection, investment measures, and so on. To ensure running of such systems, and to contribute to healthily running a free trade area, it is very necessary to establish an effective dispute settlement mechanism. China - ASEAN Free Trade Area (CAFTA) as a newly established free trade area;There are increasing inevitable dispute with the increase of economic trades. To solve the debates, an effective dispute settlement mechanism for CAFTA is necessary to build up. An agreement on a dispute settlement mechanism in the China - ASEAN Free Trade Area, signed on November 29, 2004, provides a legal guarantee for the running of the CAFTA. However, the dispute settlement mechanism was established in short time, resulting in lack of integrity. Therefore, based on a comparison of dispute settlement mechanisms of other contraries, the authors put forward some unique perspectives on the integrity of the dispute settlement mechanism of CAFTA. In addition, according to the Chinese situation, the authors gave a countermeasure on the present dispute settle mechanism, which benefits to protect the proper rights utmost.The content of this thesis can be divided into six parts as follows: in Chapter one, as an introduction, the authors introduced the background and necessity of establishment of the dispute settlement mechanism of CAFTA; In Chapter two, describing the dispute settlement mechanisms for CAFTA, the authors introduced the ways and its development on solving dispute settlement about international economy, expatiated the main contents of the dispute settlement mechanism for CAFTA, and then analyzed characteristics of the dispute settlement mechanism of CAFTA; in Chapter three, showing a comparison on the dispute settlement mechanism for CAFTA and others, the authors compared the depute settlement mechanism for CAFTA and those for World Trade Organization (WTO), north American free trade area ,and ASEAN; the characteristics of these depute settlement mechanisms and their difference was analyzed, which consequently benefits establishment of the depute settlement mechanism of CAFTA; Chapter four shows the deficiencies of the depute settlement mechanism for CAFTA and its integrity; according to the comparison in the last chapter, the authors indicated the deficiencies of the depute settlement mechanism, and consequently presented some integrity measures based on the characteristics of CAFTA and the reference of other depute settlement mechanisms; Chapter five describes the influence of the depute settlement mechanism for CAFTA on our contrary, and the related countermeasures, where the authors introduced the influence first and then pointed out what kind of legal measures should be take according to the present depute settlement mechanism in order to protect utmost the proper rights of our contrary; Chapter six made conclusion for this thesis.