The Study On China-ASEAN Dispute Settlement Mechanism

Establishing an effective dispute settlement mechanism is a major component of the construction of China--ASEAN Free Trade Area and the law base of ensuring the normal operation of economic cooperation of China--ASEAN Free Trade Area. The dispute settlement mechanism of China--ASEAN is as young as China ASEAN Free Trade Area, the study on the dispute settlement mechanism of educational circle is not much.This article analyzes the 18 clauses of Agreement on Dispute Settlement Mechanism of the Framework Agreement on Comprehensive Economic Co-operation between the People's Republic of China and the Association of Southeast Asian Nations, especially the follows: Scope and coverage of dispute, consultation, conciliation or mediation, appointment, composition, functions, proceedings implementation, compensation and suspension of concessions or benefits of arbitral tribunals. This article also analyzes the nature and characteristic of the dispute settlement mechanism of China--ASEAN through a comparative study between it and the European Union, the North American Free Trade Area, World Trade Organization and ASEAN Free Trade Area. Its characteristic is similar to the dispute settlement mechanism of the North American Free Trade Area and World Trade Organization. Their characteristics are quasi-justice, and some provisions are drawn up by using the dispute settlement mechanism of World Trade Organization for reference. But it has its own unique features in the following aspects: The choice of the dispute settlement mechanism of application by dispute country; scope and coverage; procedure of arbitration and implementation. Meanwhile, this article proposes the disadvantages and the suggestions of perfecting: Extending the subject of applying the dispute settlement mechanism to person or enterprise; making an expert name list in the China—ASEAN secretariat; setting up standing arbitral tribunals and adjudicating according to the chief arbitrator if it is necessary; adding a reviewing procedure of the adjudication of the arbitral tribunals; setting up"supervisory system of implementation"; setting up perfect punishment system; adding a preventive system of the dispute of trade and investment; establishing China—ASEAN Free Trade Area investment dispute settlement mechanism.