The Study Of Dispute Settlement Mechanism Of China-ASEAN Free Trade Area

Economic globalization and regional integration is increasingly becoming the world's two major trends of economic development. Under the trend of economic globalization, the World Trade Organization played an irreplaceable role in promoting global trade liberalization, its dispute settlement mechanism is called "the cornerstone of the multilateral trading system, although there are still inadequate in the dispute settlement mechanism, but it remains the best candidats drawed by the regional trade organizations. Under the trend of regional economic integration, the North American Free Trade Area and the European Union and the ASEAN free trade area are more typical regional free trade associations in the world, when they improving respective legal systems, no one ignore the dispute settlement mechanism as the protection of the legal system. Among them, the European Union has the highest level of integration, and establish a judicial nature of the European Court of Justice, which is all the world's regional trade organizations can not be compared. As the largest developing country, to follow and be involved in the trend of economic globalization and regional integration trend. China become the WTO party in 2001. after entry to WTO,WTO brought many opportunities and challenges. On the other hand, China has actively seek the opportunities to establish or participate in regional trade organizations. Because of geographical proximity between China and the Association of Southeast Asian Nations and the increasing cross-border trade, China is actively developing trade partnership with ASEAN. In 2004, China and the ASEAN 10 countries signed the "China and the ASEAN Framework Agreement on Comprehensive Economic Cooperation", which marks the China-ASEAN Free Trade Area officially launched. China-ASEAN Free Trade Area as China's first construction of a regional free trade area, its role and significance can not be measured, it offer templates and examples for China and other countries building regional free trade zones. But the ability to provide good templates and examples lay in the effective operation of China-ASEAN Free Trade Area, but the effective functioning of China-ASEAN Free Trade Area depends on the improvement and unity of the legal system. To improve the legal system, China and ASEAN signed "China and the ASEAN Agreement on Trade in Goods" and "China and the ASEAN Agreement on Dispute Settlement Mechanism"in 2004, signed the "China and the ASEAN Agreement on Trade in Services"in 2007, signed "China and ASEAN on the investment agreement"in 2009.The signing of "China and the ASEAN Agreement on Investment," marks the completion of the legal system of the China-ASEAN Free Trade Area. However, these agreements are flawed and the effective functioning of the agreement need to practice in textual research. As an important guarantee for the legal system, the effective functioning of dispute settlement mechanism is more an important influence.Following the North American Free Trade Area,the dispute settlement mechanism of China-ASEAN Free Trade Area have two dispute resolution mechanisms, one is " China and the ASEAN Agreement on Dispute Settlement Mechanism "applicable to resolve trade disputes and the other is "China and the ASEAN Agreement on Investment, "applicable to the settlement of investment disputes,In this paper, "China and the ASEAN Agreement on Dispute Settlement Mechanism" as the main object of study in dispute settlement mechanisms of China-ASEAN Free Trade Area. based on describe the content and features of'China and the ASEAN Agreement on Dispute Settlement Mechanism", this paper analysis "China and the ASEAN Agreement on Dispute Settlement Mechanism", and describes the dispute settlement mechanism of the world's few more typical of a regional free trade, assess the substance of coordinating the conflict between the China-ASEAN Free Trade Area and WTO,analysis the reasons why China-ASEAN Free Trade Area dispute settlement mechanism has not yet started.Finally,this paper expects the improving of basic procedures of "China and the ASEAN Agreement on Dispute Settlement Mechanism" and operation, make some tough challenges our country need to face, provide the legal response to positive use the dispute settlement mechanism of China-ASEAN Free Trade Area.