The Improvement On The Cross-Strait Trade Dispute Settlement Mechanism In Economic Cooperation Framework Agreement(ECFA)

June 29, 2010, Chen yunlin,the chairman of the Association for Relations Across the Taiwan Straits, and Jiang Bingkun, the chairman of the Taiwan Straits Exchange Foundation,signed ECFA(Economic Cooperation Framework Agreement) in Chongqing, and the agreement officially come into effect in September 12, when both side completed the exchange program. The signature of Economic Cooperation Framework Agreement(ECFA)opens the official window of cross-strait economic and trade negotiations and also promotes mutual understanding and cooperative relationship for both sides.However, due to special political status and economic consideration, the content of this agreement should be regarded under a more thoughtful way, especially the dispute settlement mechanism.The modes of dispute settlement have always been focused on the researches of international trade studies. A proper dispute settlement mechanism not only plays the most important role in the operation of international trade agreements but also avoids the friction and conflict between parties.In view of the sensitive and political complexity of cross-strait economic relations,the dispute settlement mechanism of the regional and international economic and trade organizations in practice is difficult to fully apply to two sides dispute settlement, for example, the dispute settlement mechanism from WTO, the existing cross-strait dispute settlement arrangements can not fully meet the increasingly frequent trade and business needs.This thesis therefore would like to analyze the background and details of the ECFA, and summarize the current status of cross-strait trade disputes ; at the same time, it reviews the existing ECFA dispute settlement provisions and reviews the dispute resolution institutions -Cross-strait Economic Cooperation Committee, under considering the combination of cross-strait reality, the current improvement can be made as an objective proposal and evaluation, so that when the ECFA agreement face trade dispute issues, the both two sides can be more fair, systematic and in line with the special relationship to solve the trade dispute.This paper is divided into four parts to research and demonstrate the improvement on trade dispute settlement mechanism in ECFA.The first chapter is the main overview of ECFA. Since the dispute settlement method proposed in this paper is based on the framework agreement of ECFA, the introduction of this agreement is a necessary condition.The second part is about the current situation of trade disputes across the Taiwan Strait,respectively, with the data highlighting the current two types of disputes, and analyze the reasons for the occurrence of these disputes.The third chapter is the current cross-strait trade dispute settlement mechanism and its effectiveness analysis, according to Article X of the ECFA, the current cross-strait trade dispute settlement choices the consultation first,followed by cross-strait economic cooperation committee, such provisions in the agreement, within six months of the effective date of the agreement, to establish an appropriate dispute settlement procedure and to reach an agreement as soon as possible to resolve any dispute concerning the interpretation,implementation and application of this Agreement. On this basis, it analyzes the immaturity and several shortcomings of the current solution mechanism.The forth part is the innovation of this paper, which mainly about the construction of this dispute. First of all, for the cross-strait special political and economic status, analyses if the WTO dispute settlement mechanism should be applied to ECFA framework dispute settlement and then put forward two points of the current cross-strait dispute settlement of the perfect proposal, respectively, 1, to develop a clear dispute resolution mechanism,improve the legal provisions and the scope of application, put forward the "Consultation ?Mediation - Arbitration - Litigation" solution procedures, and these four ways are explained one by one, The concise multiple trade dispute settlement mechanism, which is able to ensure that the combining legal and political methods of organic coordination and effective combination, is wisely for harmonious and orderly development of the cross-strait economic and trade.; 2, improve the Cross-strait Economic Cooperation Committee dispute settlement,putting forward in view of the different types of economic and trade disputes in different economic and trade field set up different dispute settlement agencies, in order to distribute evenly the functions of Cross-strait Economic Cooperation Committee. Finally, the establishment of two new mechanisms are exclusive jurisdiction and set up bilateral trade dispute institution.The dispute settlement mechanism is the system guarantee for the smooth operation of the ECFA and the important content of the agreement on economic cooperation between the two sides in the future. Therefore, it is extremely important to construct a complete dispute settlement procedure.