论ECFA框架下两岸经贸争端解决机制的建构

On the Construction of the Economy and Trade Dispute Settlement Mechanism Between the Both Sides under ECFA

2010年6月29日,《海峡两岸经济合作框架协议》(ECFA)正式签定,ECFA框架下建构两岸经贸争端解决机制的重要性也日显凸出。在借鉴现有的争端解决机制的基础上,结合两岸关系的特殊性,两岸经贸争端解决机制的适用主体应有其特殊性,调整的客体范围可考虑包括货物贸易争端、服务贸易争端、投资争端、知识产权争端等各领域,ADR在解决两岸经贸争端中应广泛采用。

on June 29^（th）,2010,Cross-straits Economic Cooperation Framework Agreement（ECFA） was signed formally, with that,the construction of the Economic and Trade Dispute Settlement Mechanism between the Both Sides has been increasingly found important.By using the experience of the existing dispute resolution mechanisms,according to the specialty of Cross-straits Relations,the subject of application of the Economic and Trade Dispute Settlement Mechanism between the Both Sides should have its particularity,and its object scope may cover the each field such as goods trade dispute,services trade dispute,investment dispute and intellectual property dispute,and ADR should be put to use widely.