On The Construction Of Dispute Settlement Mechanism Under ECFA

on June 29^th 2010, Cross-strait Economic Cooperation Framework Agreement (ECFA) was signed formally. Deepen cooperation between the Both Sides would be promoted under ECFA. However, ECFA is a transition agreement. The enforcement could be realized under the specific agreements by following negotiation. To ensure the enforcement of ECFA, the Dispute Settlement Mechanism (DSC) is needed to be constructed.According to the content and nature of ECFA, in this thesis the author provides opinions on the construction of the DSC by anglicizing the dispute resolutions mechanism of CAFTA, NAFTA and other mature FTA.There are three chapters of this thesis. The first chapter is"panorama of ECFA". In this chapter, the author introduces the background and main ideas of ECFA, discuss the nature of ECFA under international law. The author elaborates the necessity of the DSC under ECFA, and analysis the political and legal meaning from the point of view of both Taiwan and the Mainland.The second chapter is"the Construction of DSC under ECFA". Firstly, the author introduces the present status of the DSC under ECFA. Secondly, the author points out the issues arising academically and practically, and discusses on the applicable of DSU under WTO. The comparison of DSC between CEPA, CAFTA and NAFTA gives advice to construct the DSC under ECFA. The author also investigates the FTA which Taiwan has took part in and finds out which mechanism Taiwan authority would incline to. The subject of application of the DSC and its object scope are discussed in the second part. The third chapter is"analysis on and prospect the channels of disputes settlements under ECFA". Four parts are listed in this chapter. In the first part the author inspects on the function and prospect of"Cross-strait Economic Cooperation Committee". And then in the third step, negotiation, arbitration and other applicable channels are provided to resolute disputes arising from ECFA. At last the author brings up several issues which are needs to be taken in to consideration in constructing the DSC.