論CAFTA與WTO爭端解決機制的管轄權沖突.pdf

1、Currently,there are two different trends among the modern economic trade development：globalization and regionalization．GATT and its successor WTO are grew by such trend ofdevelopment and the rapid developing Regional Tra

2、de Agreements(hereafter RTAs)isanother vivid example of such reginalization．
　　Consequently,the increasing number of RTAs have been coming into more and moreconflict situation with WTO rules．One of the example of such

3、 conflict is the jurisdiction rule．One have to admit，that it is of great importance to solve the collision between the two rulingsystem，for the healthy and stabilized evolution of global economic trade．Therefore，it would

4、be realistically meaningful to research on the conflict problem between RTAs and WTO rules，especially on the China—ASEAN Free Trade Area(hereafter CAFTA)issues．
　　As for the existing academic materials，there are sever

5、al theories that mainly focus on theRTAs—WTO jurisdiction conflicts in a macroscopic way whereas they put little concern on thespecific RTAs such as CAFTA．
　　This article is intended to chose the CAFTA as starting poi

6、nt，trying to analyse theproblem through the deficiency of jurisdiction rules between CAFTA and WTO．Specificallyspeaking，there will be four chapter of analysis on the reason and possible consequence ofsuch conflict after

7、a brief introduction on the background information；then，the article willfocus on the concrete legislative issue and some practical experience on the deficiencies of WTO and CAFTA system，in order to make comparison on po

8、ssible solutions．During thecourse of writing，the writer will pay more attention on the gathering，comparison，as well asdifferent combination of first-handed materials，thus will be able to explore the jurisdictioncollision

9、 solution from every possible angle，which would help avoiding confusion and void．
　　As one scholar has said，the CAFTA treaty is problematic in the practical sense without aefficient conflict resolution system，conseque