Research On The Trade Dispute Settlement Mechanism Between Both Sides Of Taiwan Strait Under The Framework Of WTO

Since the mainland China and Taiwan have entered WTO, both sides of TaiwanStrait are holding their own separate seat within WTO, which opens up a new era ofcross-strait trade development. However, opportunities and risks exist at the sametime. With the direct trade between cross-strait carrying out and the market graduallyopening up, trade disputes are inevitably increasing every year. In this case, in light ofbelonging to one China and both being WTO members, how to resolve trade disputeseffectively and legally within WTO is a research topic with a great practicalsignificance. Through the study on the role and the shortcomings of the existingsolutions to the cross-strait trade disputes, this article aims to provide a theoreticalbasis for the improvement of cross-strait dispute settlement mechanism and proposethe establishment of a new dispute settlement mechanism, so that both sides of TaiwanStrait can have pluralistic trade dispute settlement mechanism to get all kinds ofdisputes addressed quickly and effectively, thereby promoting the stability anddevelopment of cross-strait trade order.This paper is carried out by means of literature analysis, case studies, articlesanalysis, academic analysis, empirical study and comparison and reference. Based ona wide range of collection, the data is classified, constantly generalized andsummarized. Phased and organized analysis of the types of cross-strait trade disputes,the existing dispute resolutions and deficiencies of these resolutions are made,adherence to the sequences of phenomenon-to-reason and reason-to-result, so as toput forward the conception of improving the existing solutions and establishing a newsettlement mechanism.This paper is divided into four sections:The first section describes the basic profile of the cross-strait trade disputes afteraccession to WTO. This section illustrates the main types of cross-strait trade disputes,outlines the regional characteristics of the cross-strait trade disputes and theinternational characteristics of its operational standards, and analyzes the three mainreasons that lead to the trade disputes between cross-strait after accession to WTO.The second section analyzes the reasons why the WTO dispute settlement mechanism does not apply to the two sides of Taiwan Strait in view of their differentrepresentative bodies in WTO and their different attitudes toward the resolutions oftrade dispute.The third section analyzes the present cross-strait trade dispute settlementmechanisms under the framework of the WTO to put forward the advantages ofnon-governmental and formal consultations and their existing inadequate executionand other defects.The fourth section, based on the first three sections, focuses on the improvementand construction of the related dispute settlement mechanisms, namely (1) theintroduction of Economic and Trade Disputes Coordination Group within Associationfor Relations Across the Taiwan Strait and the Straits Exchange Foundation, in orderto strengthen the effectiveness of non-governmental consultation mechanism and toestablish a joint mediation mechanism;(2) the establishment of Cross-Strait TradeArbitration Commission to construct a practical cross-strait trade arbitration system inaccordance with the actual situation of cross-strait trade disputes; and (3) theestablishment of Dispute Settlement Mechanism under Free Trade Zone of both sidesof Taiwan Strait.