On The Construction Of The Dispute Settlement Mechanism Under The Cepa Framework

The signature of CEPA has greatly contributed to the economic relationships among Hong Kong, Macao and Mainland, creating a new era from natural integration to system integration. But the absence of dispute settlement mechanism limits function of CEPA. In this paper, I will discuss how to build a dispute settlement mechanism for CEPA under four parts. The first part, analysis the current dispute settlement provisions under CEPA. Through the analysis, we will find the dispute settlement mechanism under CEPA is absent. And the current provisions have some problems, such as the political nature, unitary, non-specialized, lack of maneuverability and so on. The second part, the necessity and the feasibility of establish the dispute settlement mechanism under CEPA. This section is divided into two parts. First, I will discuss the significant role the dispute settlement mechanism plays in economic integration and the inconvenience when it is absent. Then I will analysis the constitutional basis and the practical conditions the dispute settlement mechanism can base on. The third part, the enlightenment the existing dispute settlement mechanism is for CEPA. Through comparative analysis among WTO, NAFTA, AUSFTA and China-New Zealand FTA, we can see their advantages and disadvantages obviously, then, according to the characteristics of CEPA, we can find some outstanding results can be applied by CEPA. The forth part, envisage establish dispute settlement mechanism under CEPA. I will pose the basic principals, the mode, the macro measures and the specific procedures to provide a comprehensive blueprint for establishing dispute settlement mechanism under CEPA.