Research On Monetary Compensation Mechanism In CPTPP Disput Settlement

Implementation remedy system is the last system guarantee of dispute settlement mechanism,Some scholars pointed out if the Understanding on Dispute Settlement Rules and Procedures is the greatest harvest of the Uruguay Round,then the implementation article is a key part of the DSU.This discussion is also applicable to bilateral and regional agreements,such as CPTPP,which is outside of the WTO framework.However,non-implementation in dispute settlement procedures is common.The reason may be that the vast majority of the current implementation remedy rules have obvious shortcomings.In view of this,the US FTA began to introduce the monetary compensation mechanism to supplement the implementation remedy rules,which are mainly based on compensation and suspension of concessions.Admittedly,the United States has not participated in CPTPP,but its influence runs through the TPP negotiations.The CPTPP text presents a distinct the US FTA features.The rules under the CPTPP basically inherit the characteristics of the rules of the US FTA.Monetary compensation mechanism is also introduced into the text of the CPTPP agreement in a logical way.It forms a relatively perfect implementation remedy system,together with traditional implementation remedy measures,such as compensation and suspension of interests.Specifically,besides the introduction and conclusion,this paper is divided into the following five parts:The first part is the basic theory of CPTPP monetary compensation mechanism.This paper mainly untangles the background knowledge of CPPP monetary compensation mechanism in this part.Starting with the introduction of implementation remedy system of CPTPP,this paper introduces compensation and suspension of concessions,leads to the CPTPP monetary compensation mechanism.Then,it discusses the motivation of CPTPP introducing monetary compensation mechanism,analyses the shortcomings of implementation remedy measures,the long-term practice of WTO monetary compensation and the successful experience of the US FTA,and sums up the inherent characteristics of CPTPP monetary compensation mechanism.The second part is the working procedure of CPTPP monetary compensation mechanism.This part mainly discusses the procedural matters of CPPP monetary compensation mechanism,including the start and termination procedures of monetary compensation mechanism.When discussing the above contents,this paper will also make a horizontal investigation on the system design of domestic and foreign scholars concerning WTO monetary compensation and the working procedure of the US FTA monetary compensation mechanism,from which the procedural defects of CPTPP monetary compensation mechanism can be clearly identified,and make an empirical analysis of the existing practice concerning the working procedure of monetary compensation.The third part is the calculation rules of CPTPP monetary compensation mechanism.In this part,This paper mainly discusses the starting time and calculation standard of CPTPP monetary compensation.Similarly,when discussing the calculation rules of CPTPP monetary compensation,I will make a horizontal study of the system design of WTO monetary compensation and the US FTA,from which the substantive defects of CPTPP monetary compensation calculation rules can be clearly identified,and make an empirical analysis of the existing practice concerning CPTPP monetary compensation calculation rules.The fourth part is the payment rules of CPTPP monetary compensation mechanism.In this part,the general payment rules and fund payment rules of CPTPP monetary compensation are mainly discussed.Through the horizontal investigation of the system design of WTO monetary compensation and the US FTA,the substantive defects of CPTPP monetary compensation mechanism payment rules are clearly identified,and the existing practice of payment rules of monetary compensation mechanism is empirically analyzed.The fifth part is the Enlightenment of CPTPP monetary compensation mechanism to China.In this part,based on the current situation of implementation remedies in the dispute settlement articles of China FTA,this paper analyses the dilemma of implementation remedy system of China FTA.Drawing on the content and gist of CPTPP monetary compensation mechanism,this paper puts forward feasible suggestions to improve implementation remedy system of China FTA,in order to establish a strong dispute settlement mechanism and promote China FTA strategy.