Solving Mechanisms For Trade Disputes Between Both Sides Of Taiwan Strait

Both sides of Taiwan Strait joined WTO in the capacity of the People's Republic of China and Separate Customs Territory of Taiwan , Penghu, Kinmen, Matsu(Chinese Taipei) separately on Dec 11 , 2001 and Jan 1, 2002, and the identity China joins is a sovereign state, by contrast, the identity Chinese Taipei joins is just Custom Territory . According to the rules of entry to WTO, both sides join WTO in package way, and have not quoted " Marrakech Setting up World Trade Organization's Pact" article 13 about the unsuitable clause of the multilateral trade agreement among the specific members in allusion to the other side. Therefore, after both sides of Taiwan Strait get membership of WTO, legal files , rules and mechanisms for trade disputes sovling of WTO willapply to two sides completelyIn the field of WTO , the application for disputes solving mechanisms have been sensitive between cross-strait and both sides focus on different aspects. Chinese Mainland pays close attention to the trade relationship between two sides, while Chinese Taiwan focus on the internationalism of World Trade Organization. After entry to WTO, the trade scale between cross-strait has been improved considerably, so China begins to pay more attention to suitability and application of disputes solving mechanisms. There is growing awareness that the application for WTO disputes solving mechanisms to both sides is admirable. From the angle of international law, disputes solving mechanism of WTO can not deny or surpass existence of state sovereignty During the course of entering the WTO , the identity and relation of two sides have already been dealt carefully . On September 29 , 1992. President of GATT's council made significant announcement that Chinese Taiwan as tariff territory should enter WTO after Chinese Mainland, which displayed that the relationship between cross-strait and "One China Principle" have been approved internationally. Therefore, Chinese Mainland is completely under the control while dealing with trade disputes of two sides. The policies that Chinese Mainland avoided and refused contact with Chinese Taiwan in the field of WTO are temporary , and can not be the long-term tactics for dealing with cross-strait trade relationship . From the angle of the course of entry into WTO and jural causes of WTO, application for DSU to cross-strait trade disputes is scarcely equal to the internationalization of Taiwan Issue and Taiwan authorities could not get what they want. After validly stopping the political attempt of the Taiwan authorities, Chinese Mainland could make greater improvement in utilizing jural causes of WTO, trade normalization and positive and interactive development between cross-strait.