Research On Public Interest Protection Mechanism In Regional Trade Agreements

Today’s free trade area negotiations tend to be a comprehensive agreement, its scope covers trade, investment, not only the protection of intellectual property rights, competition and dispute settlement are very wide range of areas, but also involve energy cooperation, environmental protection, labor protection, and even political dialogue and other issues.And non-trade issues such as environmental protection, labor protection, involves the content of the public interest protection in the free trade agreement, trade and environment in regional trade agreements associated, labor and other public interests protection is the trend of The Times, but it is related to trade protection of public interests is not straighten, only focus on the economic interests of the problem.The author analyses the necessity of protecting the public interest in regional trade agreements, especially China regional trade agreements signed summarizes four mechanisms: public interest supreme mechanism, the public interest coordination mechanism, the escape clause mechanism as well as the hard and soft law and mechanism of four. The article generally arranged as following:The first chapter the author analyzes the necessity of protection of public interests, from four angles. First the angle from the protection of public interest is the legitimacy of regional trade agreements based analysis, because the legitimacy of regional trade agreements is to reflect the public opinion and public interest protection area is a reflection of common human life; Second the angle from the protection of public interest is the inevitable requirement of regional sustainable development analysis, thought the public interests is the ethics basis of regional sustainable development, but also in the public interest is the value of regional sustainable development goals; The third perspective from the protection of public interest is the reality of regional public management need, points out that the protection of public interests is the common value goal of regional public management, public interest determines the multilayered of regional public management; Fourth the Angle from the protection of public interest is the development trend of regional integration, regional integration to public interest related industry in areas such as expand and become a regional integration.The second chapter the author begins to the point, sum up public benefit protection mechanism in regional trade agreements. Mechanism for the first mechanism is public interests first, in order to protect the public interest is one of the legislative purpose of regional trade agreements, reduce the level of public benefit protection principle, the principle of regional trade agreement in the national interest three principles to support framework. Regional trade agreement mechanism for protection of public interests is a sound legal system, the first since the legislative purpose to introduce the public interest protection, only purpose can straighten out the thinking of legal norms and legal framework. Public interests mechanism does not conflict with free trade value phase target, because trade liberalization is the countries for implementing agencies, national interests and public interests are intertwined.The third chapter mainly discusses the operating mechanism of regional trade agreements to protect the interests of the public, it generally includes public policy transparency and coordination mechanism, the market operation mechanism, the path dependence of the country’s economic sovereignty and information security system of four. Public interest in regional trade agreements in the nation’s public policy and its operation transparency requirements. And the market operation mechanism is to use the market rule arouse the enthusiasm of the private sector to protect public interests, actively guide enterprises in the public nature of the industry investment and cooperation to make the government organization and coordination and effective market mechanism both hands together, play their respective advantages to protect the public interest.The fourth Chapter talks the regional trade agreements to protect the interests of the public mechanism of exception clause, due to the development of globalization, countries around the world have established the WTO multilateral trading system for international economic rules and regulations, and regional trade agreements as a multilateral system of most-favoured-nation treatment principle of the exception, not from the WTO framework. And the reality of the world operating in the WTO and regional trade agreements two sets of mechanism, they escape clause mechanism from each other common development. The exception clause mechanism of regional trade agreements is used in the framework of WTO exception mechanism of regional, it absorbs the excellent system based on the mechanism of WTO exception clauses, and combined with the actual situation of this region to supplement and perfect it. But, because of the limitation of the regional trade agreement itself attribute in the exceptions to investors in the judicial practice, but there was one challenge to the host country national sovereignty dispute resolution and arbitration ignored the phenomenon of public interests, the exception clause did not play its due role to maintain public interests.The fifth chapter mentions that the regional trade agreements to protect the interests of the public mechanism of soft and hard method, the mechanism is the commonly used protection mechanism within the regional trade agreement. First for regional trade agreements to protect the interests of the public using soft soft law mechanism method to explain the reason, and summarize the specific content of soft law mechanism operation and the positive role of regional trade agreements. The hardening mechanism of regional trade agreement within is self-evident, it is through the set to the country, the enterprise organization and individual rights and obligations to play a role. The current regional trade agreement in all countries of the world have used not just for the mechanism of hard and soft method in the public interest and build and by using this mechanism. Finally, the author thinks that should be mixed with the soft and hard laws be mode to promote the protection of the public interest.In short, in the case of the regional trade agreement ascendant, regional trade agreement in building and perfecting public interest protection mechanism is the demand for the development of regional trade agreements.