| It is the current trend of the international political and economic development ofBetween state and national, regional based on a free trade agreement established freetrade zone. Free trade area just like a "club organization", set up by the free tradeagreement as a legal basis.Members can have a variety of preferential tradearrangements, but to member countries outside the customs territory has certainexclusivity.It has had a huge impact to the WTO multilateral system-the foundationof "the most-favoured-nation treatment principle". But, the free trade agreement in theworld trade organization system and do have the existing legal basis.Regional trade organizations has become an important force to promoteeconomic development. Especially since the1990s, with the free trade zone developrapidly, many countries have signed a free trade agreement. By the end of2010, thenumber of global free trade agreement has reached474items. The value of the freetrade area beyond measure. In December2012, China, South Korea and Japanannounced the start free trade negotiations conform to the historical trend. However,free trade agreement reached is a long systems and vast engineering, free trade areaneed several years or even decades to build. Therefore, we must do long-term andin-depth research. Previous research about free trade area generally focus oneconomic and trade fields, from the legal aspects of relatively small articles. I thinkthat it is very worth a try and necessary to launch a discussion about the free tradeagreement from the law, especially in the perspective of the international law to freetrade. Therefore, this article attempts to explain and describethe China, Japan andSouth Korea free trade area and free trade agreement from the legal Angle.The article is divided into four parts: The introduction discusses the free trade area of the research significance,theoretical value, the domestic and foreign present research situation, the innovationof this paper place and research methods.The first part of the text is free trade agreement and free trade zone construction.Firstly it introduced the concept of the free trade and the trade agreement, and pointsout that involves field; And then illustrates the international law origin of the freetrade agreemen; Finally summarizes the characteristics of the free trade and the latestdevelopment trend.In the second part,firstly it introduces the China, Japan and South Korea freetrade area development process, and discuss the foundation of free trade area, fromfour angles of the geographical, cultural, economic and trade relations; Then, itanalyzes significance of the free trade zone in the political, economic. The last isabout free trade agreement legal function.The third part talked about law enlightenment of construct free trade area therepublic of Korea about by asean.In the last part of this article, it is about the China, Japan and South Korea freetrade agreement principle and idea of legal framework. The principle in thenegotiations, which Suggested that abide by international law principles, consistentrelatively with the WTO, equality and mutual benefit and adhere to the "openregionalism", etc. In the legal framework agreement on the idea,which do a simpleidea to the six part, from trade in goods, trade in services, investment, intellectualproperty rights, environmental protection and dispute settlement mechanism.By the basis of a lot of analysis of the legal issues of China, Japan and SouthKorea free trade area involved, it tried to give some advice, hoping which can providesome reference value to policy decision-making departments, and hoping thatpromote the related research of China, Japan and South Korea free trade area and freetrade agreement. |
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