Study On Dispute Settlement Mechanism Of Cross-Strait Economic Cooperation Framework Agreement (ECFA)

A new era of cross-strait economic cooperation has been opened since ECFA's signing. It generates a profound impact on cross-strait's political, economic and social development. However, we must see that the cooperation agreements which are beneficial to the development of cross-strait economic and trade cannot conceal the existence of trade disputes, and trade disputes still exist in all trade areas. Based on the special relations of Mainland-Taiwan, it is difficult to find a set of fully applicable to trade between the two sides dispute settlement from the dispute settlement mechanism of the previous Regional Trade Organization. Therefore, a suitable reality to cross-strait, scientific and reasonable dispute settlement mechanism can be find out to become the really effective conveniences for boosting ECFA's implementation, only when the analysis of existing trade dispute settlement mechanism of the content and features are compared deeply, and with the combination of own special cross-strait. This paper related to the introduction of ECFA, discussing the past status of cross-strait economic dispute settlement, it put forward the views and opinions on cross-strait's trade dispute settlement mechanism of the construction on the basis of a comprehensive analysis for the existing dispute settlement mechanism of the Regional Trade Organization.This paper has been divided into four parts:The first part introduces the background of ECFA's signing, content and significance. In regard to the ECFA's related presentations, it will be helpful to clarify the concept, and it provides the necessary preparation for the follow-up problem analyzing and solving.The second part describes the development of cross-strait trade's situation, and analyzes the existing conditions and deficiencies to the dispute settlement mechanisms, in order to highlight the necessity of establishing an effective dispute settlement mechanism after ECFA's signing, and then, it provide a favorable experience to build the more reasonable dispute settlement mechanism of the ECFA. The third part mainly analyzes the dispute settlement mechanism of WTO, the dispute settlement mechanism of China and the ASEAN Free Trade Area (CAFTA), the dispute settlement mechanism of North American Free Trade Area (NAFTA) and with regard to Mainland, Hong Kong and Macao's Closer Economic Partnership Arrangement's (CEPA) dispute settlement mechanism of the content and features.The fourth part is the innovation, which is also the purpose of this writing. It gives the further generalization to the dispute settlement mechanism of ECFA that the principles that should be persisted, it proposes the specific system design of building the dispute settlement mechanism of ECFA, and offers an effective advice and suggestion to the cross-strait trade disputes' solution.