Research On The Trade Dispute Settlement Mechanism Of CPTPP And Its Perfection

In December 2018,the Comprehensive and Progressive Agreement for TransPacific Partnership(CPTPP)officially entered into force.As a representative high-level international trade agreement,the trade dispute settlement mechanism of CPTPP covers many innovation rules.In the background of the WTO Appellate Body crisis,it provides a new direction for the development of the new generation of trade dispute settlement mechanisms.Studying the trade dispute settlement mechanism of CPTPP will contribute to clarify the latest development of the current international trade dispute settlement mechanism,and will have important reference value for the construction of the international trade dispute settlement mechanism of Chinese future free trade agreements.In addition to the introduction,this dissertation is divided into four parts:Firstly,this dissertation takes the WTO Appellate Body Crisis as a starting point to introduce the background of the trade dispute settlement mechanism of CPTPP and its unique epochal significance and research value.The second part outlines the provisions of the trade dispute settlement mechanism of CPTPP,and explains the innovation and development of it with comparative analysis method from both procedural and substantive rules.In terms of procedural rules,the trade dispute settlement mechanism CPTPP has expanded transparency,improved professionalism and efficiency;In terms of substantive rules,it further emphasizes the principle of sustainable development on the basis of the WTO,and makes detailed regulations on trade dispute settlement mechanisms for social issues and state-owned enterprise,embodying high-level and high-standard characteristics.The third part is about the challenges and issues faced by the trade dispute settlement mechanism of CPTPP.Combining the current era background and the crisis of trust in the dispute settlement mechanism,this part summarizes the shortcomings of the trade dispute settlement mechanism of CPTPP,and states the issues of unclear legal interpretation methods as well as the absence of check and balance mechanism.Finally,based on Chinese position,this dissertation proposes the method of improvement and perfection to the trade dispute settlement mechanism of CPTPP.Based on the current situation of the international trade environment,it is necessary to borrow the advanced experience and establish the check and balance mechanism to restrict the power of expert groups so as to protect the sovereign interest of countries.To address the shortcoming of unclear methods of legal interpretation,it is necessary to maximize the advantages of the high-level and comprehensive characteristics of CPTPP,strengthen the foundation of the interpretation methods of the Vienna Convention on the Law of Treaties,and draw on the experience of the legal interpretation method of the WTO dispute settlement mechanism to establish the rank of legal interpretation methods to maintain the stable operation of CPTPP.