The Resolution Of Conflicts Between Regional Free Trade Agreements And WTO Disputes

Since 1990 s,Under the current WTO Multilateral Trading System,the free trade agreements show the trend of sustained growth.In a period of time in the future,free trade agreement with the WTO rules parallel would be the salient feature of the pattern of international trade.For the first time,the WTO dispute settlement mechanism in the soft drink case in Mexico is confronted with the problem of the conflict of jurisdiction over the dispute of free trade agreement,which has led to the discussion of academic and practical affairs.This paper begins with jurisdiction over disputes under the WTO and free trade agreements,for a deeper,reveals the WTO dispute forced and exclusive jurisdiction,and in the free trade agreement jurisdiction stipulated by the three models.Then,the WTO and free trade agreements the inner mechanism of the dispute of jurisdiction conflicts on the empirical analysis,realize the overlap due to the entity rules and procedures of inconsistency caused by the reality of jurisdiction conflict is inevitable.Finally,combining with the understanding of the status quo and the reason mechanism analysis,put forward to solve the problem of the jurisdiction conflict: treaty interpretation rules and the difference between a "jurisdiction" and "can by rationality",the jurisdiction of the construction of its own clause and the judicial inclusion FTAs initiative.