FTA谈判中的陷阱及其防范原则

The"Traps"in FTA Negotiations and the Principles with Regard to the Prevention Thereof

文章深入地剖析了自由贸易协定谈判中常见的五种“陷阱”,在此基础上,提出了我国在FTA谈判中的防范陷阱之道。其中包括:充分认识FTA之局限;重点关注贸易利益;不可迷信“标准条款”;始终坚持量力而行;切莫轻信“继续谈判”;尽量避免自相矛盾。

This paper makes a deep analysis on the five ＂traps＂ frequently confronted by the FTA negotiators. These ＂traps＂ include, but not limited to, undertaking extended obligations which is beyond the ability of a contracting party; adoption of the so-called standard agreement which is obviously unfair to the contracting party; resulting in ＂Spaghetti Bowl＂ effect; the loss of balance between benefit and obligations; and relying on the future commitments of the other party in the way of insert a ＂continued negotiation＂ clause in FTA at the price of substantial current commitment. Based on the above analysis, the paper gives several suggestions with regard to responding strategies that the Chinese FTA negotiators shall pay attention to. These suggestions include but not limited to sound understand of the limitation of FTA, the focus on trade-related national interest, prudent commitment based on Chinese ability, the avoidance and mitigation of ＂Spaghetti Bowl＂ effect, and so on.