On The Disputation Of Improvements Of Service Trade Dispute Settlement Mechanism Of China-ASEAN Free Trade Area

With the further development of economic globalization, the interests and demands of all countries are difficult to get reconciled in WTO, and the development of the multilateral trading system is faced with difficulties. Regional economic organizations based in regional trade agreements not only fill the shortage of the multilateral trading system, but also promote the further development of the world economy. China-ASEAN Free Trade Area is a good example, and it further develops the cooperation in trade, economy, politics and culture. In the developmentof China-ASEAN Free Trade Area, there will be many problems and conflicts between countries inevitably. It has strategic meaning for the FTA to promptly resolve the disputes and coordinate national interests. However, members of China-ASEAN Free Trade Area are more inclined to use political negotiation solutions. This will increase the uncertainty and insecurity of the FTA mechanism. Trade in services is highly technical and very complex, so it needs more for a robust dispute settlement mechanism as a guarantee.The purpose of this article is to explore ways and means to improve the dispute settlement mechanism of China-ASEAN Free Trade Area from the perspective of trade in services, to provide institutional protection for the development of trade in services. Articles available on the FTA dispute settlement mechanism mainly focuse on the overall state of the mechanism, while few to explore specific areas of trade dispute settlement. This paper attempts to further analyse service trade dispute settlement, and to investigate how to perfect the dispute settlement mechanism of China-ASEAN Free Trade Area in a small angle. Most studies on the FTA dispute settlement mechanism focuse only on the mechanism itself, while it is disscussed about the legal basis and the operating environment in this paper. Analysis is focused on status and problems of the service trade dispute settlement mechanism of China-ASEAN Free Trade Area, and experinece is learned from NAFTA, CAFTA and other economic organizations to improve the service trade dispute settlement mechanism of China-ASEAN Free Trade Area.There are many aspects of the service trade dispute settlement mechanism of China-ASEAN free trade area that should be improved. For instance, the service trade dispute settlement mechanism is inaccurately positioned, organization and management institutions are not perfect, political solutions are weak, judicial solutions are institutionalized weakly, and legal basis of the mechanism is imperfect. Main regional and multilateral economic organizations have established dispute settlement mechanism. Generally dispute settlement mechanism is the main body and the core, and some special rules for trade in services are attached. The practice of economic organizations provides important reference to the improvement of service trade dispute settlement mechanism of the China-ASEAN Free Trade Area. The innovation direction of trade dispute settlement mechanism is to improve the comprehensive ability in dispute settlement. The specific objectives of reformation are to improve the the authority, practicality and efficiency of the mechanism, and to increase participation of the mechanism. From a macro perspective, not only procedural rules and substantive laws of the mechanism need improvement, but also the dispute settlement mechanism and the coordination and supervision mechanism need to cooperate tightly. In the microscopic point of view, the goal of dispute settlement reformation is to make judicial decisions be more ruled and make diplomatic negotiations be more institutionalized. Vertical and horizontal relationship of these methods should be cleared. In respond to the problems, this paper puts forward the corresponding countermeasures, for example, find the right position of service trade dispute settlement mechanism, establish and improve management organizations of the service trade dispute settlement mechanism, improve the judicial and political solutions, improve the substantive legal basis and operation environment of mechanism.