The Research On Dispute Settlement Mechanism Of EU-Canada Comprehensive Economic And Trade Agreement

CETA is the abbreviation of<EU-Canada Comprehensive Economic and Trade Agreement?,which is the latest generation comprehensive regional trading agreement signed between EU and Canada at the year of 2014.And it's the most advanced FTA on all perspectives,from the economy size to involved member states and to the dispute settlement mechanism.The establishment of CETA is a significant symbol that the dispute settlement of FTA has been promoted to a much superior stage.It's obvious that CETA has carried a tough duty since it came to the world.In recent 3 years,quantity of issues showed up in the area of FTA dispute settlement.For instance,lack of transparency in international investment arbitrationjurisdiciton conflict between RTAs and WTO,double compensation,ISDS violate host state's regulation,arbitrators' impartial behaviour,South America states quit ICSID convention and so on.CETA is just like a tool made by EU with which could modify the current FTA dispute settlment.This thesis is mainly a discussion about how would CETA fix the problems made by the existed FTA dispute settlement mechanism.This thesis could be managed into 4 parts:Chapter One,the Birth of CETA and its Content.In this chapter,the author gives a review of the consultation proceeding of CETA.Then the author proved the economic size and scope of CETA.Chapter Two,Analysis of CETA Dispute Settlemet Mechanism.In the first few lines,the author outlined the structure of CETA dispute settle mechaism,and classified the rules into substance rules and procedure rules.Then the exception situations are described in the following several paragrahs.Chapter Three,the Reform and Development that CETA has made to the FTA Dispute Settlement Mechanism.In this section,the author make comparison in two dimensions-longtitude and latitude.On the perspective of latitude,the author compared CETA with ICSID and WTO,then point out that CETA has successfully restrained investors' sue rights,set a supervise procedure to the arbitrators and promoted the transpanrency in arbitration.On the perspective of longtitude,the author compared CETA with NAFTA,TTIP and TPP.By comparing these 4 FTAs,the author figured out that CETA has obsoleted the previous rules set by NAFTA and constitued a model law for TTIP and TPP.Chapter Four,Inspirations which CETA showed to China.In this Chapter,the author has made a conclusion to the Chinese practice in the area of FTA dispute settlement,and made suggestions to the management of dispute settlement under "One Belt,One Road" strategy.