Home >> Journal of International Economic Law, Volume 14, Number 1

The ChinaTaiwan ECFA, Geopolitical Dimensions and WTO Law

Author: Hsieh, Pasha L.

Source: Journal of International Economic Law, Volume 14, Number 1, 15 March 2011 , pp. 121-156(36)

Publisher: Oxford University Press

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Abstract:

This article examines legal and geopolitical aspects of the China-Taiwan Economic Cooperation Framework Agreement (ECFA). It begins by analyzing areas in which the two governments measures contravene rules of the World Trade Organization (WTO). In particular, it provides the first detailed examination of the significant implications emerging from the ECFA for cross-straits trade relations and East Asian regionalism. The article also explains how the ECFA was modeled on free trade agreements (FTAs) of the Association of Southeast Asian Nations and assesses the impact of the ECFAs early harvest program. Finally, the article discusses the ECFAs consistency with WTO requirements for an interim FTA agreement and potential legal issues arising from the dispute settlement mechanism. In this respect, the article presents a valuable case study of an FTA.

Document Type: Research article

DOI: http://dx.doi.org/10.1093/jiel/jgr009

Publication date: 2011-03-15

More about this publication?
  • The Journal of International Economic Law is dedicated to encouraging thoughtful and scholarly attention to a very broad range of subjects that concern the relation of law to international economic activity, by providing the major English language medium for publication of high-quality manuscripts relevant to the endeavours of scholars, government officials, legal professionals and others. The emphasis will be on fundamental, long-term, systemic problems and possible solutions, in the light of empirical observations and experience, as well as theoretical and multi-disciplinary approaches. It is expected, therefore, that the journal's contents will potentially influence real events and provide important critiques of policies, negotiations, or court and tribunal cases. In this manner the journal should contribute modestly to promoting peace, world welfare and enhancement of the quality of life for all peoples.
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