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Research On The Trade Dispute Settlement Mechanism Of "One Belt One Road"

Posted on:2018-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2346330515467511Subject:Law
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After the financial crisis in 2008,the world economic slow recovery,the development of differentiation,the current global governance of a new pattern,the global economic recovery caused by new protectionism,different forms of regional agreements in the rise,the British off the European and other events reflect the tendency to look forward,Globalization faces new challenges.With the WTO as the representative of the multilateralism difficult,regional economic integration is flourishing,and our advocacy "zone all the way" strategy is also under the trend of regional economic integration came into being."All the way" strategy is China's courage to make its own voice,improve the right to speak,and actively face the profound changes in the international political and economic situation,to take a major strategic plan to promote large-scale,deep-seated regional cooperation,common Build a community of interests,destiny and responsibility.There are more than sixty countries along the way,and the situation in each country is different.There is a unique situation.Although the countries along the country respond positively,the research and understanding of the "one way along the way" need to be improved and the situation is complicated.The introduction of strategic blueprint,but the lack of detailed planning mechanism.At present,China has signed trade agreements with many countries and regions or is building a free trade area.The economic and trade exchanges have become more frequent and trade disputes have become more frequent.And the dispute solution is different,all kinds of complex,the lack of a set of effective dispute resolution mechanism as a backup,to lift the trade between countries to worry about,to protect the "one way" in the implementation of the rules and the implementation of the normal operation.Therefore,in order to implement the strategy of "going all the way",to ensure the effective operation of the regional trade agreements and to establish a mutually acceptable and effective dispute settlement mechanism,it is an urgent task to carry out the strategy.Under this goal,under this goal,the author divides the article into five parts:The first part mainly introduces the background,the significance of the topic and the research status of the trade dispute settlement mechanism in the "one way" through the logic analysis method."Along with all the way" strategy since 2013 came out,it has been widespread concern at home and abroad,with the 2017 two sessions held,"along the way" repeatedly mentioned,once again become a hot topic.In 2017,the Supreme Court of China will promote the establishment of the "one way along the way" dispute settlement center,therefore,"research along the way" trade dispute settlement mechanism has great theoretical and practical significance,but for this topic,it is also because of its novel Sex,domestic and foreign scholars of different degrees,can refer to the literature.The second part is an overview of the "one way across the road" trade dispute settlement mechanism.To explore the meaning and characteristics of the trade dispute settlement mechanism with the "one by one" strategy as the breakthrough point.Based on the latest trade data of the Ministry of Commerce,this paper expounds the necessity of establishing a "trade along with all the way" trade dispute settlement mechanism,To the challenge.The third part of the specific "launched all the way" member countries in the process of settlement of trade disputes may encounter problems.This article mainly from the jurisdiction of the conflict,the rules of the conflict,political and other risks of interference and high-end complex talent shortage of these four aspects,based on data,examples of specific elaboration,of course,in the process of trade dispute settlement problems include but not Confined to these aspects.In the fourth part,we will make a comparative analysis of the main representative trade dispute settlement mechanism,and find out what can be learned from it.This paper chooses the comparative analysis of the EU,the North American Free Trade Area and the China-ASEAN Free Trade Area,and compares the WTO dispute settlement mechanism and the international arbitration in the global trade dispute settlement mechanism.Whether it is a comparative analysis of the regional dispute settlement mechanism or the global dispute settlement mechanism,it is not a comprehensive comparison,but a selective and targeted comparison.The fifth part will be based on the previous article to explore the "one way along the road" trade dispute settlement mechanism path choice.From a macro perspective,will follow the national legal traditions along the line,focusing on coordination with other dispute resolution mechanisms,phased,step-by-step construction of flexible and diverse,independent choice of trade dispute settlement mechanism of the overall thinking;in specific construction,To establish a special dispute settlement center,responsible for related matters;the use of political,diplomatic and mediation,arbitration and diversification means to resolve the dispute;and increase the training of personnel,the introduction of reserves to solve the shortage of talent.The prospect of "all the way" is very broad,but only with the establishment of the mechanism,"all the way" to go more stable,farther.Building a "one way along the road" trade dispute settlement mechanism,will be "one way all the way" strategy to move forward a big step forward.
Keywords/Search Tags:One Belt One Road, Trade dispute settlement mechanism, Free trade agreement, Arbitration dispute settlement mechanism
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