论中国—东盟自由贸易区服务贸易争端解决机制的完善
发布时间：2018-12-07 16:15
【摘要】：随着经济全球化的进一步加深,各国的利益诉求难以在WTO体制内得到调和,多边贸易体制面临着发展困境。区域性经济组织的发展不仅填补了多边贸易体制的不足,而且也促进了全球经济的发展。中国-东盟自由贸易区便是顺应这种潮流而建立的,加深了自贸区内经贸合作和成员国间的政治文化交流。随着自贸区发展,成员间难免遇到很多问题及矛盾。及时化解纠纷,协调各国利益对自贸区良性发展具有战略意义。但是,实践中各国间更加倾向于运用政治协商的解决方式。这无疑增加了自贸区机制运行的不确定性与不安全因素。尤其是服务贸易领域技术性强且非常复杂,更加需要一套健全的争端解决机制作为保障。 本文的写作目的是探求如何从服务贸易角度完善中国-东盟自由贸易区争端解决机制,为自贸区服务贸易的发展提供制度性的保障。现有的关于自由贸易区争端解决机制的文章主要集中于机制整体状况的论述,而对于具体贸易领域争端处理的探讨较少。本文试图通过进一步论述服务贸易摩擦处理,以小视野探讨中国-东盟自由贸易区争端解决机制的完善。多数关于自由贸易区争端解决机制的研究仅专注于机制本身,本文还从机制运行的法律基础及环境着手,建议改善机制运行环境。重点分析中国-东盟自由贸易区服务贸易争端解决机制的现状及存在问题,并借鉴其他经济组织的经验探讨改进的方法。 实践证明,中国-东盟自由贸易区服务贸易争端解决机制不是完美无缺的,其诸多方面有待改进。如对服务贸易争端解决机制定位不准确,管理组织不健全,政治性解决方式的规范性较弱,司法性解决方式的制度化不够及机制运行的法律基础不完善等。关于服务贸易争端解决,主要区域及多边经济组织都建立了争端解决机制,并以一般争端解决机制作为主体与核心,同时会针对服务贸易附加一些特别的规定。这些制度安排与实践经验可以为完善自贸区争端解决机制提供重要参考。提高贸易摩擦处置综合能力是改进争端解决机制的方向。改革具体目标是提高权威性、可行性和效率,增加机制的参与度。从宏观角度看,机制的改进不但要从程序规则与实体规范两方面着手,还需要争端解决机制与协调监督等制度紧密配合。从微观角度看,争端解决方式改革的要求是司法裁决规则化及外交谈判制度化,并缕清这些方法之间的纵向和横向关系。对于上述问题,本文提出了相应的措施,如找准服务贸易争端解决机制的定位,设立并完善其组织管理机构,完善司法性与政治性解决方式,完善机制运行的法律基础和改善运行环境等。
[Abstract]:With the further deepening of economic globalization, the interests of various countries are difficult to be reconciled within the WTO system, and the multilateral trading system is facing a dilemma of development. The development of regional economic organizations not only fills the deficiencies of multilateral trading system, but also promotes the development of global economy. China-ASEAN Free Trade area was established in accordance with this trend and deepened the economic and trade cooperation and political and cultural exchanges among member countries. With the development of the Free Trade area, members will inevitably encounter many problems and contradictions. Timely resolution of disputes and coordination of national interests are of strategic significance to the benign development of the Free Trade Zone. However, in practice, countries are more inclined to use the solution of political negotiation. This undoubtedly increases the uncertainty and insecurity of the operation of the Free Trade Zone Mechanism. Especially in the field of trade in services, the technology is strong and very complex, and it needs a set of perfect dispute settlement mechanism as the safeguard. The purpose of this paper is to explore how to perfect the dispute settlement mechanism of China-ASEAN Free Trade area from the point of view of service trade so as to provide institutional guarantee for the development of service trade in FTA. The existing articles on the dispute settlement mechanism of free trade area mainly focus on the whole situation of the mechanism, but less on the dispute settlement in the specific trade field. This paper attempts to discuss the perfection of the dispute settlement mechanism of China-ASEAN Free Trade area from a small perspective by further discussing the handling of service trade friction. Most of the researches on the dispute settlement mechanism of free trade area only focus on the mechanism itself. This paper also proposes to improve the operating environment of the mechanism from the legal basis and environment of mechanism operation. This paper focuses on the analysis of the present situation and existing problems of the service trade dispute settlement mechanism in the China-ASEAN Free Trade area, and discusses the ways to improve it from the experience of other economic organizations. Practice has proved that the service trade dispute settlement mechanism of China-ASEAN Free Trade area is not perfect, and many aspects need to be improved. For example, the positioning of dispute settlement mechanism of service trade is not accurate, the management organization is not perfect, the standardization of political solution is weak, the institutionalization of judicial settlement is not enough and the legal basis of mechanism operation is not perfect, etc. As for the dispute settlement of trade in services, the main regional and multilateral economic organizations have established the dispute settlement mechanism, and take the general dispute settlement mechanism as the main body and the core. At the same time, some special provisions will be added to the trade in services. These institutional arrangements and practical experience can provide an important reference for perfecting the dispute settlement mechanism in FTAs. Improving the comprehensive ability of trade friction disposal is the direction of improving the dispute settlement mechanism. The specific goal of the reform is to improve authority, feasibility and efficiency, and increase the participation of the mechanism. From the macro point of view, the improvement of the mechanism should be carried out not only from the procedural rules and substantive norms, but also from the system of dispute settlement and coordination and supervision. From the microscopic point of view, the requirements of the reform of dispute settlement methods are the regularization of judicial decisions and the institutionalization of diplomatic negotiations, and the vertical and horizontal relationship between these methods is clarified. For the above problems, this paper puts forward the corresponding measures, such as finding out the position of the dispute settlement mechanism of trade in services, establishing and perfecting its organization and management organization, perfecting the judicial and political solution, Improve the legal basis for the operation of the mechanism and improve the operating environment.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D996.1
本文编号：2367449
[Abstract]:With the further deepening of economic globalization, the interests of various countries are difficult to be reconciled within the WTO system, and the multilateral trading system is facing a dilemma of development. The development of regional economic organizations not only fills the deficiencies of multilateral trading system, but also promotes the development of global economy. China-ASEAN Free Trade area was established in accordance with this trend and deepened the economic and trade cooperation and political and cultural exchanges among member countries. With the development of the Free Trade area, members will inevitably encounter many problems and contradictions. Timely resolution of disputes and coordination of national interests are of strategic significance to the benign development of the Free Trade Zone. However, in practice, countries are more inclined to use the solution of political negotiation. This undoubtedly increases the uncertainty and insecurity of the operation of the Free Trade Zone Mechanism. Especially in the field of trade in services, the technology is strong and very complex, and it needs a set of perfect dispute settlement mechanism as the safeguard. The purpose of this paper is to explore how to perfect the dispute settlement mechanism of China-ASEAN Free Trade area from the point of view of service trade so as to provide institutional guarantee for the development of service trade in FTA. The existing articles on the dispute settlement mechanism of free trade area mainly focus on the whole situation of the mechanism, but less on the dispute settlement in the specific trade field. This paper attempts to discuss the perfection of the dispute settlement mechanism of China-ASEAN Free Trade area from a small perspective by further discussing the handling of service trade friction. Most of the researches on the dispute settlement mechanism of free trade area only focus on the mechanism itself. This paper also proposes to improve the operating environment of the mechanism from the legal basis and environment of mechanism operation. This paper focuses on the analysis of the present situation and existing problems of the service trade dispute settlement mechanism in the China-ASEAN Free Trade area, and discusses the ways to improve it from the experience of other economic organizations. Practice has proved that the service trade dispute settlement mechanism of China-ASEAN Free Trade area is not perfect, and many aspects need to be improved. For example, the positioning of dispute settlement mechanism of service trade is not accurate, the management organization is not perfect, the standardization of political solution is weak, the institutionalization of judicial settlement is not enough and the legal basis of mechanism operation is not perfect, etc. As for the dispute settlement of trade in services, the main regional and multilateral economic organizations have established the dispute settlement mechanism, and take the general dispute settlement mechanism as the main body and the core. At the same time, some special provisions will be added to the trade in services. These institutional arrangements and practical experience can provide an important reference for perfecting the dispute settlement mechanism in FTAs. Improving the comprehensive ability of trade friction disposal is the direction of improving the dispute settlement mechanism. The specific goal of the reform is to improve authority, feasibility and efficiency, and increase the participation of the mechanism. From the macro point of view, the improvement of the mechanism should be carried out not only from the procedural rules and substantive norms, but also from the system of dispute settlement and coordination and supervision. From the microscopic point of view, the requirements of the reform of dispute settlement methods are the regularization of judicial decisions and the institutionalization of diplomatic negotiations, and the vertical and horizontal relationship between these methods is clarified. For the above problems, this paper puts forward the corresponding measures, such as finding out the position of the dispute settlement mechanism of trade in services, establishing and perfecting its organization and management organization, perfecting the judicial and political solution, Improve the legal basis for the operation of the mechanism and improve the operating environment.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D996.1
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