Research On Cross-strait Service Trade Agreement

The surge in RTAs has continued unabated since late 1990 s,most of the WTO members have taken part in one or more regional trade arrangements. With the suspension of the Doha round and the development of the free trade agreements, China also promote the progression of the FTA. Currently, China has 9 FTAs under negotiation, including 23 countries, they are: China-Korea FTA; China-GCC FTA; China-Australia FTA; China-Japan-Korea FTA; Regional Comprehensive Economic Partnership and China-ASEAN FTA.As an important component of regional trade agreements, the liberalization of and cooperation over trade in services will also be a key topic in the negotiations over China and Taiwan. Economic Cooperation Framework Agreement(ECFA) is concluded in September,2010,which include the opening in the goods service, trade services and the investment. Cross-Strait Service Trade Agreement is signed in June,2013,which provide a guard for the development of service trade, promote the economic advancement and the opening between Taiwan area and China.This thesis explores the process of development and background of Cross-Strait Service Trade Agreement, conducts a comprehensive analysis of the specific content the key provisions of agreement, and compare the difference between Cross-Strait Service Trade Agreement and CEPA, makes recommendations on how to make the agreement come into force and perfect the provisions of agreement. This thesis is divided into 4 parts:The first part: The summary of the Cross-Strait Service Trade Agreement. This part conducts a detailed analysis from three aspects: the history of the signature of the agreement background and legal issue of the review. Among them, the background including the needs for the development of services trade and the trend of FTA.The second part: The content of main provisions of Cross-Strait Service Trade Agreement. The content is divided into six elements: the scope of application;obligations and rules, general commitments, emergency safeguard measures, exception provisions and dispute settlement mechanism.The third part: the difference between CEPA and the Cross-Strait Service Trade Agreement. This part analyze the difference between the degree of opening, the provider of the service trade and the dispute settlement system.The fourth part: The problems and the suggestions of Cross-Strait Service Trade Agreement. This part is divided into four sections. First of all, explore the contributing factor that prevent the agreement from coming into effect and put forward the according suggestions; Furthermore, in terms of emergency safeguard measures, make recommendations on the profection of the agreement; In addition, in terms of the dispute settlement mechanism, put forward the feasible dispute settlement solutions; At last, discuss the problem of operating mechanism.