A Study On The Legal Issues Of Economic Cooperation Frame Agreement

The history in recently progress of China has created the called "Cross Strait"relationship between Mainland China and Taiwan."Cross Straif"issue is the own concern of China, moreover it also relates to the connection of East Asia even the international society. There were political and military conflicts between Taiwan and Mainland China authorities; however they were eventually substituted by negotiations because of the undividable familihood of the people in both sides. The unique historical been-through brought out a unique way of negotiation by cross-strait red cross associations to SEF-ARATS, are form by non-governmental parties and authorized by Taiwan and Mainland China authorities. The Cross-Strait negotiations are more eyes-attracted since the participations in WTO of Mainland China and Taiwan. The Cross-Strait agreements were only focus on solving substantial problems lifted by exchange activities before2010.Through the Straits Exchange Foundation (SEF) and the Association for Relations Across the Taiwan Straits (ARATS). The associations conducted dialogues continuously hoping to open the door of foreign trade zone. As a result, in June2010, Taiwan and Mainland China signed the Economic Cooperation Framework Agreement (ECFA).ECFA, a framework agreement, is divided into five chapters. In addition to the Preamble, it contains sixteen provisions, and five annexes. It can be generally divided into six important parts, which are early harvest, trade in goods, trade in services, investment agreements, dispute settlement institutional provisions. The "ECFA" aims to progress step by step, and gradually reach the goal of cross-strait economic and trade liberalization. Explore in ANZCERTA, NAFTA, CAFTA and other FTAs signed by Taiwan and Mainland China bring out comparisons and examples. New tide of intergration and economical stimulations are advancing; for Mainland China, Taiwan, Hong Kang and Macua, those are created by ECFA and CEPA. However, the signing of ECFA can improve the Cross-Straits relation, legal issues raised by the implementation of ECFA should be concerned. The further subject should be noticed are the advancing of ECFA, the further cooperation in Cross-Straits area, and the harmonization between Cross-Straits area and East Asia, TPP.The better, more opened and more friendly future is foreseeing for Mainland China and Taiwan, by the signing and perfection of ECFA.