RCEP争端解决机制评估与中国之因应

Assessment of RCEP Dispute Settlement Mechanism and China's Coping Strategies

区域全面经济伙伴关系协定(RCEP)重视为成员国提供积极高效和公开透明的争端解决办法,并以独立章节形式将争端解决机制固化下来。RCEP争端解决机制主要包括磋商、斡旋、调解、专家组(裁判庭)仲裁等争端解决办法,是一种将政治方法和法律方法相结合的多维度解决模式,也是一种多样性包容和渐进式改革的有效尝试,这些机制创新传递出更加互惠共赢的积极信号。但RCEP争端解决机制存在一定的缺陷,ISDS谈判也尚未完成,将对我国的数字经济、电子商务等行业造成影响和冲击。为切实维护国家利益和企业利益,中国应大力推动缩小RCEP争端解决机制的不适用范围,积极参与RCEP中ISDS机制的构建与完善,并提前评估后续可能产生的贸易摩擦或争端。

The RCEP attaches importance to providing a dispute settlement mechanism in the form of a special chapter to provide effective,efficient and transparent procedures and rules for resolving disputes between member states.The mechanism is intended mainly to solve disputes between contracting states through consultation,mediation,intervention and expert group(judicial tribunal)arbitration,which is not only a multi-channel and multi-dimensional solution mode combining political and legal methods but also an effective attempt at diversity inclusion and incremental reform.These institutional innovations send a positive signal of greater mutual benefit.However,the RCEP dispute settlement mechanism has some defects,and the ISDS negotiations have not been completed,which will have an impact on China's digital economy,e-commerce and other industries.In order to effectively safeguard the interests of China and its enterprises,China should vigorously promote the reduction of the scope of non-application of the RCEP dispute settlement mechanism,take an active part in the establishment and improvement of the ISDS mechanism in RCEP,and assess the possible trade frictions or disputes in advance to make preparations for a rainy day.