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Cepa Dispute Settlement Mechanism

Posted on:2008-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:R Q WangFull Text:PDF
GTID:2206360215972935Subject:Law
Abstract/Summary:PDF Full Text Request
Dispute settlement mechanism is very important in the legal framework ofa FTA. and in June 2003 the signed "The Closer Economic PartnershipArrangement between Mainland and Hong Kong" (hereinafter referred to CEPA) did not make detailed provisions on this issue. Moreover, this provision is soto the extent that the principle of the settlement of disputes is too muchuncertainty. This left us with a thought and exploring space.This paper summarized the way for the introduction of CEPA, discussedthe background to the signing of the CEPA. And the same time the paperstressed the dispute settlement mechanism of the important role in regionaleconomic cooperation, the analysis of the causes of economic and tradedisputes, the nature and solutions; and through several models, establish politicaldispute settlement mechanism. Expert's court dispute settlement procedures ofthe CEPA model specific ideas.In the macroeconomic environment, the specific performance is observedon market access, the main treatment, tariff, quota policy issues, ways to resolvethe dispute settlement mechanism under the WTO framework and in a similarway, As to the parties that are observed to initiate dispute settlement procedures.But there is definitely a difference between the two, in a performanceconcentrated on economic policy between the different tariff dispute Undernormal circumstances be properly resolved through administrative consultationmechanism, and not seek legal channels for relief. The mediation proceedingscan be resolved, only a small number of difficult cases initiated arbitration. Andthe litigation proceedings to a final solution, but I believe the long-term plan isto establish a special group of experts get their mechanism.
Keywords/Search Tags:CEPA, The Pand of Experts, dispute settlement mechanism
PDF Full Text Request
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