The Problems Of The Dispute Settlement Mechanism Of The China - Asean Free Trade Area And The Perfect Countermeasures

The proposed establishment of the China-ASEAN Free Trade Area of the shared vision of the Chinese and ASEAN leaders during the meeting held in Singapore in November2000. November4,2002, Premier Zhu Ming Kei representatives of China, together with the ASEAN leaders signed the "China──ASEAN Comprehensive Economic Cooperation Framework Agreement"(hereinafter referred to as the "Framework Agreement")."China──ASEAN Comprehensive Economic Cooperation Framework Agreement", the formal signing marks China and ASEAN countries in economic, trade cooperation into a new stage of economic and trade cooperation between China and ASEAN to achieve a real leap developments.Followed by China and the ASEAN Free Trade Area signed a China──ASEAN Free Trade Area of the Dispute Settlement Mechanism "(hereinafter referred to as of CAFTA dispute settlement mechanism Agreement"). Of CAFTA dispute settlement mechanism of the Agreement signed to a certain extent, the implementation of the China-ASEAN Free Trade Area of the trade measures provide strong legal protection, to further expand economic and trade cooperation between China and ASEAN member countries in the legal framework laid the foundation. But the agreement still many inadequacies, and the agreement since the signing has yet to really play a role.In this paper, of CAFTA dispute settlement mechanism agreement reached between China and ASEAN countries consensus-based, described the characteristics of the CAFTA dispute settlement mechanism, and draw on the relevant provisions of the WTO dispute settlement mechanism, combined with the international investment dispute settlement mechanism development trends, analysis of CAFTA "Dispute Settlement Mechanism," the problems, put forward a sound proposal.This article is divided into four parts. The first part of CAFTA "Dispute Settlement Mechanism," Overview of CAFTA dispute settlement mechanism agreement "in the background, significance, characteristics, including the establishment of relevant institutions, procedures, arrangements and implementation modalities. Rules and content of the second part of CAFTA dispute settlement mechanism Agreement and the WTO dispute settlement mechanism, mainly for two basic procedures for dispute settlement mechanism, the scope of the principal, working hours and the Dispute Settlement Body and dispute settlement mechanism and evaluation of the similarities and differences. The third part analyzes the problems and realities of CAFTA dispute settlement mechanism Agreement defects. Part IV to make specific recommendations on how to improve of CAFTA dispute settlement mechanism Agreement on the establishment of permanent dispute settlement body, such as the legal construction of China──ASEAN Free Trade Area of CAFTA "Dispute Settlement Mechanism Agreement arbitration proceedings institutional settings, the selection of arbitrators, review and implementation of the arbitration award may be made to improve the proposal...