On The Construction Of ECFA Dispute Settlement Mechanism

Mainland and Taiwan signed Economic Cooperation Framework Agreement (“ECFA”) onJune29,2010in Chongqing. September12,2010，and formally implemented. ECFA furtherenhance their trade and investment relations, play a tremendous role in promoting thedevelopment of cross-strait trade. The signing of the ECFA is a win-win situation of theChinese mainland and Taiwan, it has a great of significance. ECFA also provides that the twosides agreed to the entry into force of this agreement no later than six months from the tradein goods; trade in services, to establish the appropriate dispute settlement procedures and theinvestment protection mechanisms, and to reach an agreement as soon as possible. ECFAdispute settlement mechanism is a priority. The paper, through comparative analysis thedispute settlement mechanism of CEPA, WTO, NAFTA and UN, and then, find theiradvantages. Consider to the characteristics of Chinese mainland and Taiwan, to build thebasic framework of the ECFA dispute settlement mechanism.I will discuss how to build a dispute settlement mechanism for ECFA under three parts:The first part, I will analysis the background of the ECFA dispute settlement mechanism.I will analysis the legal nature of the ECFA, the effect of the ECFA dispute settlementmechanism and the provisions on ECFA dispute settlement mechanism. And analysis thepossibility of cross-strait implementation of the dispute occurred in the ECFA, existingcross-strait dispute resolution can not solve the ECFA dispute. Through the analysis, we willfind it important to build the ECFA dispute settlement mechanism.The second part, I will analysis the international dispute settlement mechanism.Through comparative analysis the dispute settlement mechanism of CEPA, WTO, NAFTAA,and UN, we will find their advantages. And according to the characteristics of ECFA, findthe reason why their dispute settlement mechanism can not to be used directly for ECFA.The third part, I will find the idea how to build ECFA dispute settlement mechanism.On the basis of drawing on the international dispute settlement mechanism, combined withthe cross-strait. I will build the principals, the mode, the procedures and methods. I willprovide a comprehensive blueprint for establishing ECFA dispute settlement mechanism.