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Some Analysis of Improving Methods of Settling Disputes between Mainland and Hong Kong under CEPA Frame

Author: XiPing
Tutor: MoShiJian
School: China University of Political Science
Course: Legal
Keywords: CEPA trade dispute Regional economic integration Dispute settlement mechanism Bilateral consultations
CLC: D996.1
Type: Master's thesis
Year: 2006
Downloads: 349
Quote: 2
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Abstract


\Mainland and Hong Kong CEPA opens a new era of economic cooperation, trade and economic development for the two plays a huge role in promoting, accelerating regional economic integration provides an important platform. However, in the implementation of CEPA process will inevitably produce trade disputes, such as the fulfillment of the agreement, interpretation or application of other aspects of the dispute, which requires agreement provides the basic methods of dispute resolution, procedural rules and institutional setting, that is, their specific dispute resolution system. When the mutual trade and economic cooperation in the field of differences, disputes or disputes disputes, how to resolve these disputes? Need to learn from the practice of other free trade dispute settlement mechanism established itself sued or the dispute in accordance with the WTO dispute settlement mechanism, or Domestic dispute resolution means to solve? order to demonstrate the need to build CEPA Dispute Settlement Mechanism and the establishment of what dispute settlement mechanism, which requires the first of CEPA has a profound analysis. CEPA order to have a clear, comprehensive and correct understanding and positioning, this article in the first chapter will first analyze the legal nature of CEPA, CEPA through from the main body, to adjust the object, based on international law, domestic law and economic integration based on the angle and level aspects of analysis and appraisal of CEPA legality and legal nature. I believe that the legal nature of CEPA with particularity, is a sovereign state different tariff agreement signed between the areas; is adjusted by the international treaties and norms of a particular country's domestic legal arrangements; And CEPA also has a class nature of a free trade zone. Based on the existing political consultation methods are inadequate and CEPA of the special legal nature, then I argued in Chapter CEPA necessity to establish a dispute settlement mechanism. Existing provisions of CEPA, although the political consultations with flexible and convenient, low cost, and facilitates the implementation and continued cooperation and other advantages, is two better way to resolve disputes, but also have some means of political consultations defects, such as CEPA Section 19 prescribed by the steering committee of the political means through consultations enough to deal with the entire process of the implementation of CEPA and trade disputes; run from the WTO and other free trade zone development point of view, the dispute settlement mechanism has important security significance. Next, the author through the current theoretical circles should be directly applicable to whether the WTO dispute settlement mechanism, and follow the Mainland and Hong Kong's original dispute resolution system (ie domestic solution) to comment on the two views, which made CEPA should establish its own dispute settlement mechanism and CEPA Dispute Settlement Mechanism feasible. The fourth chapter will analyze what mode of dispute settlement established machine

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CLC: > Political, legal > Legal > International law > International Economic Law > International Business Law ( International Trade Law )
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