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Study On The Dispute Settlement Mechanism Of Regional Comprehensive Economic Partnership

Posted on:2023-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y LiFull Text:PDF
GTID:2556307040477404Subject:International economic law
Abstract/Summary:PDF Full Text Request
Chapter 19 of the "Regional Comprehensive Economic Partnership Agreement"(RCEP)designed its dispute settlement mechanism with a special chapter,which provides a dispute settlement procedure for the free trade zone with the largest population,the largest economic and trade scale,and the most development potential in the world design.This article is mainly divided into five parts to study the dispute settlement mechanism of RCEP.The first part gives an overview of the content of the RCEP dispute settlement mechanism,which is divided into the basic characteristics of RCEP,scope of application,and the influence of the dispute settlement mechanism on the future operation of RCEP.The second part introduces the procedural design of the RCEP dispute settlement mechanism,including its consultation procedure,expert group procedure,ruling enforcement procedure and the judicialization process of the RCEP dispute settlement mechanism.The third chapter puts forward the main problems in RCEP,including the absence of an investment dispute settlement mechanism between investors and countries,failure to clearly exclude all non-violation lawsuits,and the final review system established by the expert panel procedure.The fourth part uses the dispute settlement mechanism in the international regional free trade agreement as a reference,based on the design of a more complete dispute settlement mechanism in the China-ASEAN(CAFTA)and Trans-Pacific Partnership Agreement(CPTPP),and is RCEP dispute settlement.Seek suggestions for the improvement of the mechanism.The fifth part is the suggestions for perfecting the RCEP dispute settlement procedures and my country’s response strategies.First,it should be established that my country’s choice of a mixed settlement model is reasonable,and secondly,there should be corresponding improvements in the dispute settlement mechanism between investors and the state and the expert group procedures.And finally improve the transparency of the operation of the RCEP dispute settlement mechanism,and promote the development of the RCEP dispute settlement mechanism in a more efficient direction.
Keywords/Search Tags:Regional Comprehensive Economic Partnership Agreement, Dispute Settlement Mechanism, The Panel of Experts, Investor-state Dispute Settlement
PDF Full Text Request
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