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Trade Dispute Settlement Mechanism Between China And South-Korea

Posted on:2019-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q XuFull Text:PDF
GTID:2416330596951851Subject:Law
Abstract/Summary:PDF Full Text Request
China and South-Korea have signed the Free Trade Agreement(FTA)in 2015,the FTA should have greatly promoted bilateral economic and trade development.However,the dispute between China and South-Korea on the deployment of "THAAD" anti-missile system broke out in 2016 and 2017,which had a huge negative impact on economic and trade between China and South-Korea.As an important economic force in Asia,if China and South-Korea have economic and trade disputes,it will have a negative impact on the economic development of the Asia-Pacific region and even the global economy.The main issue of this paper is the existing dispute settlement mechanisms between China and South-Korea,the WTO Dispute Settlement Mechanism and the FTA Dispute Settlement Mechanism how to play a more effective role.By introducing and comparing Dispute Settlement Mechanism of WTO and the Dispute Settlement Mechanism of Free Trade Agreement between China and South-Korea,this paper points out the problems of application of the dispute settlement mechanism between China and South-Korea and gives some related suggestions.The first chapter of this paper mainly introduces the problems of WTO Dispute Settlement Mechanism.Through the introduction of the characteristics,scope and specific systems of the WTO Dispute Settlement Mechanism,the author analyzes itand summarizes some existing problems of it through institutional analysis,this part lays the foundation for the following part which makes comparison of the two dispute settlement mechanisms.The second chapter mainly introduces the dispute settlement mechanism stipulated in the FTA of China and South-Korea.The author gives a brief introduction to the FTA of China and South-Korea,and then introduces the dispute settlement institutions and principle of disputes settlement,and then introduces specific dispute settlement methods stipulated in the FTA in detail.The advantages and disadvantages of the dispute settlement mechanism were summarized.The third chapter of this paper analyzes how to deal with the problems of choice and application of the dispute settlement mechanisms of WTO and FTA.The author compares the dispute settlement principles of the two mechanisms and finds that both adhere to the basic principles of international dispute settlement and have inherent consistency in the basic principles.The author also makes a comparative analysis of the specific systems of the two dispute settlement mechanisms and finds that there are many differences,like the dispute settlement bodies,the scope of the cases and the specific dispute settlement procedures.Finally,the author introduced the current doctrines of conflicts of jurisdictional issues between WTO and FTA,and based on this,analyzed and resolved the jurisdictional issues of the two dispute settlement mechanisms..The forth chapter of this paper gives some enlightenment and suggestions on the dispute settlement mechanism between China and South-Korea.This chapter analyzes and discusses in three aspects: how to improve the dispute settlement mechanism of China-South Korea Free Trade Agreement,how to avoid trade disputes and how to find better ways to deal with trade disputes that have occurred.
Keywords/Search Tags:China and South Korea Trade, Trade Disputes, Dispute Settlement Mechanism, Free Trade Agreement
PDF Full Text Request
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