On The Reconstruction Of The Cepa Dispute Settlement Mechanism

Closer Economic Partnership Agreement(hereinafter referred to asCEPA) respectively signed between Mainland and Hong Kong, Macaohas been put into practice since January 1, 2004.The economic and tradecooperation between Mainland and Hong Kong, Macao has entered into anew development stage. It is hard to void the dispute between each otherin the implementation because of the difference among the law system,trade policy and economic interest. The Clause 19 of CEPA which is theregulation on the dispute resolving system is not perfect enough.Establishing the perfect dispute resolving system of CEPA is ofsignificance for promoting resolving dispute, guaranteeing the successfulimplantation of CEPA and promoting the development of free trade.The author makes a thorough analysis on the chrematistics of CEPAfrom law point. CEPA is the new style free trade agreement from point ofthe WTO frame and CEPA is the special domestic economic and tradearrangement from the point of traditional law category. The imperfectionand defects of the current system are pointed out and the reconstruction ofthe dispute resolving system of CEPA is urgent and necessary. Thedispute resolving system of WTO and typical regional economicorganization which could be used as the model reference and experiencebasis for the reconstruction of the dispute resolving system of CEPA isbriefly introduced. The author makes some suggestions on thereconstruction of the dispute resolving system which is in line with thecharacteristics of CEPA aimed at the current imperfection and defectfrom the aspects of ideology basis, macro-measures, concrete procedureand exterior relation.