An Analysis Of The Legal System Of Free Trade Area And Reflection On The Establishment Of The China-Japan-ROK FTA From A Legal Perspective

Currently, economic globalization and regional economic integration has become the main trend of the world economic development. Free Trade Area, involved in the economic integration of various areas, has become an important form of regional economic cooperation. The report to the17th CPC National Congress for the first time put forward the initiative to "implement the strategy of the Free Trade Area and strengthen bilateral and multilateral economic and trade cooperation". This shows that China will put the emphasis of foreign economic cooperation on the establishment of the free trade areas. Therefore, the importance and necessity of the study on institutions relating free trade area is increasingly highlighted. And it is extremely important to study the theoretical foundation of FTA institutions from a legal perspective through research and comparative analysis.This thesis explored the legal process and the history of FTA, seeking to identify an FTA model that is suited to China’s national conditions and will enhance China economic influence, and tried to put forward proposals for the establishment of the Free Trade Area of China, Japan and the ROK which is currently under negotiation. It started from an elaboration of the theoretical foundation of the establishment of the FTA, expounding the role of the principles of equality and mutual benefit, national economic sovereignty and international cooperation. Then the author went on to explain the development process of the FTA, analyzed its advantages in a WTO context, and made a comprehensive study on some of most typical FT As in today’s world, thus offering references and experiences for China to make its FTA strategy. In this theoretical and historical context, the motive of the China’s FTA Strategy in Chin has become particularly prominent.If looking at the major free trade systems that China is now participating in, it is not hard to find out that FTA is of great significance to China, and the establishment of the China-Japan-ROK FTA is all the more important. Based on this theoretical framework, the thesis went on to make a specific study on the institutions of the China-Japan-ROK FTA. China, Japan and the ROK are the most important economies in East Asia. They enjoy close economic cooperation, high degree of interdependence, complementarity and a solid cooperation foundation. The establishment of China-Japan-ROK FTA not only will bring about all-win outcomes for the three countries, but also is an unavoidable trend of regional economic development. With the official launch of the China-ROK FTA negotiations, the governments should make good preparations and plans in terms of macro-regulation, supervision and other areas. As for the construction of the legal system, special departments should be set up to coordinate with the multi-lateral economic cooperation systems and to avoid discrimination. Explorations should be made to find out an FTA development path that is suited to China’s national conditions and will help to lift the economic status of China in the Asia-Pacific region and the whole world.