CEPA争端解决机制的完善

CEPA是中国内地分别与中国香港特别行政区和中国澳门特别行政区之间签署的更紧密经贸安排。CEPA的第一阶段和第二阶段的顺利实施以及第三阶段的良好开端对中国两岸三地自由贸易区的建设、未来WTO下一国四席的自由贸易区创建具有重大意义。CEPA协议主体的双重性及其独特的国内法律安排,以及可能出现的新的争端也呼吁对其解决机制的完善。针对这一新课题,应借鉴国际通行作法补充修改CEPA相关条款,完善争端解决机制,为解决中国国内区际经贸争端创建范例。

Perfection of the CEPA dispute settlement mechanism

CEPA(closer economic partnership arrangement,CEPA) is the closer economic partnership arrangements signed separately between Mainland China and Hong Kong Special Administrative Region of the People's Republic of China as well as between Mainland China and Macao Special Administrative Region of the People's Republic of China.The successful application on the first and the second stages and on the third stage good starting of CEPA have set a good example for the establishment of the FTAs(free trade areas,FTAs) among the three regions in China and have a special importance for the creation of the FTAs among the WTO four members within one greater China.The double characteristics of the subject of CEPA and its special legal arrangements within a sovereignty state and the likely brand-new trade disputes call for the perfection of its dispute settlement mechanism.It is suggested that China should learn from international practices and modify at earliest time the related article of CEPA and improve and perfect its dispute settlement mechanism,so as to set a model for its regional business disputes' settlement in the future.