The Study Of Dispute Settlement Mechanism Of China- ASEAN Free Trade Area

With the build China- ASEAN Free Trade Area(China-ASEAN Free Trade Area, hereinafter referred to as CAFTA) " upgrade" and "Start China- ASEAN Free Trade Area negotiations upgraded version " and other concepts have appeared, marking the full in 2010 built in China-ASEAN Free Trade Area is about to enter a new stage of development. As China- ASEAN Free Trade Area " safety valve" in the dispute settlement mechanism in the FTA can enter a new stage still play an important role in safeguarding is a very worthy concern and research. However, considering China- from the establishment of the ASEAN Dispute Settlement Mechanism has yet to practice, to study the dispute settlement mechanism from a practical point of view is not feasible, and therefore need the help of other trade dispute settlement mechanism be fully considered in order for the mechanism design a comprehensive grasp, in order to deepen the sense of cooperation between China and ASEAN, to enhance trade between each other and to promote economic development of both sides.The main content of this paper is composed of four parts:The first part is introduction, in the basis of "Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-operation between China and ASEAN "(hereinafter referred to as <Dispute Settlement Mechanism Agreement>),the part introduced in what kind of background the CAFTA dispute settlement mechanisms has generated, and the main content and features of the mechanism, and in order to grasp the mechanism of the content from the whole.The second part is the comparison of the dispute settlement mechanism of CAFTA with the others. This part introduced the WTO(World Trade Organization, hereinafter referred to as WTO), NAFTA(North American Free Trade Area, hereinafter referred to as NAFTA) and the ASEAN Free Trade Area(ASEAN Free Trade Area, hereinafter referred to as AFTA) dispute settlement mechanism to compare with the above content, Through comparing with these dispute settlement mechanism with content, in order to understand in nature whether the system design of the CAFTA dispute settlement mechanism is scientific and reasonable.The third section discussion is launched in the preceding section. After in comparison with other dispute settlement mechanism, against the existing controversial issues at present and there are improvements of the content which I believe in the CAFTA dispute settlement mechanism, I put forward my own views and suggestions for improvement. Of course, whether these suggestions for the CAFTA dispute settlement mechanism are necessarily correct and feasible has yet to be specific operation in practice, the article discussion only from the theoretical point of view for analysis.The forth part return from theory to practice, to explore how to take advantage of CAFTA dispute settlement mechanism for China. China and ASEAN countries are differences in the history, culture, the level of economic development and political forces which leading to the limited degree of mutual trust of both sides cooperation in CAFTA, and raised the questions that China how to better use the dispute settlement mechanism of CAFTA. In my opinion, China should continue to play an important role in its active advocate and practitioner in the process of CAFTA construction, one can promote CAFTA improving its dispute settlement mechanism, on the other hand China can better safeguard economic interests in CAFTA.