The Construction of International Trade Dispute Settlement Mechanism in the Context of RCEP and China's Positioning

Research Article
Open access

The Construction of International Trade Dispute Settlement Mechanism in the Context of RCEP and China's Positioning

Hanwen Cao 1* , Jiapan Gao 2 , Weiran Wang 3 , Xuan Zhao 4
  • 1 School of Economic Law, Southwest University of Political Science & Law, Baosheng Avenue, Chongqing, China    
  • 2 Law School & Intellectual Property School, Jinan University, Huangpu Avenue, Guangzhou, China    
  • 3 School of Law, Dalian Maritime University, Linghai Road, Dalian, China    
  • 4 Law School, Beijing Technology and Business University, Sunshine South Street, Beijing, China    
  • *corresponding author 2020022086@stu.swupl.edu.cn
LNEP Vol.6
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-915371-37-9
ISBN (Online): 978-1-915371-38-6

Abstract

With the regional economic integration and economic globalization, RCEP was enacted and entered into force, and its dispute settlement mechanism provides a more efficient and convenient way and platform for FTA members to resolve trade frictions against the background of WTO dispute settlement mechanism's difficulties. The paper adopts the research methods of textual analysis and comparative analysis and concludes that the RCEP dispute settlement mechanism adopts a hybrid model with more comprehensive provisions in terms of basic settings and procedural construction; compared with the WTO dispute settlement mechanism, RCEP has obvious advantages in terms of autonomy, timeliness and fairness. Meanwhile, the paper proposes that China, as an important member of RCEP, should further strengthen Asia-Pacific region's economic and trade corporation in the process of building an open, free and rule-based multilateral trading system to help the construction of "One Belt, One Road" and enhance China's influence and discourse power as a practitioner.

Keywords:

Dispute settlement mechanism, RCEP, WTO, International trade

Cao,H.;Gao,J.;Wang,W.;Zhao,X. (2023). The Construction of International Trade Dispute Settlement Mechanism in the Context of RCEP and China's Positioning. Lecture Notes in Education Psychology and Public Media,6,844-852.
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References

[1]. ZHONG Liguo. (2012). On the Model of Dispute Settlement Mechanism of Regional Trade Agreements and its Choice. Law Review, 3, 57-64.

[2]. Acharya, R. (2016). Regional trade agreements and the multilateral trading system. Rohini Acharya (ed.). Cambridge: Cambridge University Press.

[3]. WANG Qian, GAO Jinhan. (2018). An Exploratory Study of the Establishment of Dispute Settlement Mechanisms for RCEP. Global Review, 2, 134-152+158.

[4]. Smith, J. M. (2000). The Politics of Dispute Settlement Design: Explaining Legalism in Regional Trade Pacts. International organization, 1, 137–180.

[5]. Jo, H., & Namgung, H. (2012). Dispute settlement mechanisms in preferential trade agreements: democracy, boilerplates, and the multilateral trade regime. Journal of Conflict Resolution, 56(6), 1041-1068.

[6]. QIANG Yongchang, QUAN jiamin. (2012). An Empirical Research on the Choice of Trade Dispute Settlement Mechanism. International Economic and Trade Exploration, 28(02), 103-112.

[7]. LIU Bin. (2012). Reconstruction of the Legal Order of International Trade Community under the Background of RTAs’ Proliferation--From An External Legal perspective: Xiamen University Press, 2.

[8]. ZHANG Jian. (2022). Renovation and Perfection of International Trade Dispute Settlement System in the Context of RECP. Journal of China University of Political Science and Law, 2, 224.

[9]. XU Yibin. (2013). The Consultation System Under the WTO Dispute Settlement Mechanism. Journal of Ocean University of China, 3, 85-89.

[10]. Massimo, L. (2022). Enhancing Conflict Resolution ‘ASEAN Way’: The Dispute Settlement System of the Regional Comprehensive Economic Partnership. Journal of International Dispute Settlement, 13(01), 98-120.

[11]. Wolff, A. (2001). Problems with wto dispute settlement Chicago Journal of International Law, 2(2), 417-426.

[12]. YUAN Xing. (2021). RCEP dispute settlement mechanism and its significance for China. Foreign Economic Relations & Trade, 8, 51-54.

[13]. LIU Jie. (2022). RCEP Investor-Challenges in Building a National Dispute Settlement Mechanism. Guide to Economic Research, 19, 144-146.

[14]. LIU Jie. (2022). RCEP Investor-Challenges in Building a National Dispute Settlement Mechanism. Guide to Economic Research, 19, 144-146.

[15]. Kawharu, A. (2015). The Admission of Foreign Investment under the TPP and RCEP. Journal of World Investment & Trade, 16, 1058-1088.

[16]. SHAN Yuan. (2021). Improvement of the "Belt and Road" Dispute Settlement Model and Mechanism construction. The Northern Economic and Trade, 11, 31-33.

[17]. HE Ping, SHEN Chen. (2013). RCEP and China's Asia-Pacific FTA Strategy. China International Studies, 40, 138-158.

Cite this article

Cao,H.;Gao,J.;Wang,W.;Zhao,X. (2023). The Construction of International Trade Dispute Settlement Mechanism in the Context of RCEP and China's Positioning. Lecture Notes in Education Psychology and Public Media,6,844-852.

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About volume

Volume title: Proceedings of the International Conference on Interdisciplinary Humanities and Communication Studies (ICIHCS 2022), Part 5

ISBN：978-1-915371-37-9(Print) / 978-1-915371-38-6(Online)
Editor：Muhammad Idrees, Matilde Lafuente-Lechuga
Conference website: https://www.icihcs.org/
Conference date: 18 December 2022
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.6
ISSN：2753-7048(Print) / 2753-7056(Online)

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References

[1]. ZHONG Liguo. (2012). On the Model of Dispute Settlement Mechanism of Regional Trade Agreements and its Choice. Law Review, 3, 57-64.

[2]. Acharya, R. (2016). Regional trade agreements and the multilateral trading system. Rohini Acharya (ed.). Cambridge: Cambridge University Press.

[3]. WANG Qian, GAO Jinhan. (2018). An Exploratory Study of the Establishment of Dispute Settlement Mechanisms for RCEP. Global Review, 2, 134-152+158.

[4]. Smith, J. M. (2000). The Politics of Dispute Settlement Design: Explaining Legalism in Regional Trade Pacts. International organization, 1, 137–180.

[5]. Jo, H., & Namgung, H. (2012). Dispute settlement mechanisms in preferential trade agreements: democracy, boilerplates, and the multilateral trade regime. Journal of Conflict Resolution, 56(6), 1041-1068.

[6]. QIANG Yongchang, QUAN jiamin. (2012). An Empirical Research on the Choice of Trade Dispute Settlement Mechanism. International Economic and Trade Exploration, 28(02), 103-112.

[7]. LIU Bin. (2012). Reconstruction of the Legal Order of International Trade Community under the Background of RTAs’ Proliferation--From An External Legal perspective: Xiamen University Press, 2.

[8]. ZHANG Jian. (2022). Renovation and Perfection of International Trade Dispute Settlement System in the Context of RECP. Journal of China University of Political Science and Law, 2, 224.

[9]. XU Yibin. (2013). The Consultation System Under the WTO Dispute Settlement Mechanism. Journal of Ocean University of China, 3, 85-89.

[10]. Massimo, L. (2022). Enhancing Conflict Resolution ‘ASEAN Way’: The Dispute Settlement System of the Regional Comprehensive Economic Partnership. Journal of International Dispute Settlement, 13(01), 98-120.

[11]. Wolff, A. (2001). Problems with wto dispute settlement Chicago Journal of International Law, 2(2), 417-426.

[12]. YUAN Xing. (2021). RCEP dispute settlement mechanism and its significance for China. Foreign Economic Relations & Trade, 8, 51-54.

[13]. LIU Jie. (2022). RCEP Investor-Challenges in Building a National Dispute Settlement Mechanism. Guide to Economic Research, 19, 144-146.

[14]. LIU Jie. (2022). RCEP Investor-Challenges in Building a National Dispute Settlement Mechanism. Guide to Economic Research, 19, 144-146.

[15]. Kawharu, A. (2015). The Admission of Foreign Investment under the TPP and RCEP. Journal of World Investment & Trade, 16, 1058-1088.

[16]. SHAN Yuan. (2021). Improvement of the "Belt and Road" Dispute Settlement Model and Mechanism construction. The Northern Economic and Trade, 11, 31-33.

[17]. HE Ping, SHEN Chen. (2013). RCEP and China's Asia-Pacific FTA Strategy. China International Studies, 40, 138-158.

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