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指導教授(外文):Chang-fa, Lo
口試委員(外文):Pijan, WuTsai-yu, Lin,
外文關鍵詞:FTA Dispute ResolutionDSMBilateral Dispute ResolutionChina FTAsChina Dispute Resolution
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有關中國自由貿易協定(FTA)中爭端解決條款(dispute resolution clause,簡稱DRC)的研究並不多,探討過此問題的學者均給予負面評價。本論文首先分析其方法,質疑其結論,並進而進行更完整的分析,以便獲得更周延的見解。
多數其他研究者僅比較中國DRC與WTO的DSU(dispute settlement understanding,即爭端解決機制),即作出評價;故其對中國DRC並不滿意,有其原因。筆者認為,這種研究方法僵硬,無法正確衡量中國DRC的品質。

Although there has been almost no research conducted on China’s bilateral dispute resolution clauses, the few scholars who have examined China’s FTAs were unimpressed by China’s interstate dispute resolution chapters. Taking these views as the initial inspiration of this inquiry, this thesis reassesses China’s dispute resolution chapters by analyzing the arguments of scholars and their research methodologies, in addition to conducting a survey of all dispute resolution chapters found in China’s FTAs.
This thesis demonstrates that scholars have little faith in China’s ability to honor its commitments to rule-based dispute resolution. Thus, they dismiss these dispute resolution chapters without conducting a rigorous analysis. In fact, most of the scholars surveyed in the thesis failed to identify specific concerns with China’s dispute resolution chapters and merely quoted China’s traditional distaste of rule-based dispute resolution. As will be discussed in Chapter 3, such an analytical approach is highly problematic.
Second, most of the scholars surveyed in the thesis have been comparative in their analysis of China’s dispute resolution chapters and evaluated their quality with reference to the WTO DSU. This explains why the academic community is largely dissatisfied with China’s dispute settlement chapters. A deeper look into this research methodology demonstrates that it is overly rigid, prescriptive and does not accurately portray the quality of China’s agreements. This is because of the fact that scholars mostly measure effectiveness through a comparison of various design features and not substantive content.
In order to overcome existing analytical pitfalls and provide a fresher perspective on China’s interstate dispute resolution chapters, this thesis conducts a survey of all bilateral dispute resolution chapters found in China’s free trade agreements. The approach offers a number of advantages over existing methodologies. First, it is less prescriptive and measures the effectiveness of an agreement based on its actual contents rather than based on expectations of what a dispute resolution chapter should contain. Second, it allows one to test observations made by scholars who have examined China’s dispute resolution chapters. Are China’s dispute resolution chapters promoting negotiated settlement of disputes? If so, is such a preference manifested in a manner that could make it difficult for parties to engage in third-party arbitration? Are these agreements inadequate or vague?
The survey demonstrates that China’s apparent preference for consultations is not clearly manifested in its agreements. Most of China’s agreements allow only the complaining party to initiate arbitration. While this is not a major area of concern, it nonetheless shows that parties are not given equal access to third-party arbitration. However, two of China’s agreements allow both sides to file arbitration complaints. Additionally, in all cases, consultations are subject to firm deadlines and do not create opportunities for parties to stonewall proceedings. The thesis also argues that, in most of these FTAs, parties may directly forego consultations and proceed to arbitration.
With regards to arbitral proceedings, most of China’s FTAs provide parties with an effective and predictable dispute settlement mechanism to resolve their differences. While FTAs with Costa Rica and New Zealand have the potential to complicate the resolution of disputes (as they are most unpredictable), all other agreements employ very typical dispute resolution formats. Thus, while China’s agreements exhibit a number of idiosyncrasies, they do not demonstrate the problems identified by the scholarly community.

Structure of the Thesis: page 3
Research Significance: page 4
Research Limitations: page 6
CHAPTER 1 China’s FTAs and Their Critics: page 8
Summary of Assessments: page 8
Synthesis of Critical Opinions: page 10
China’s FTA Dispute Resolution Format in Global Perspective: page 14
Conclusion: page 20
CHAPTER 2 How to Put Dispute Resolution on Trial: page 23
Challenges in Assessing FTA Dispute Resolution Clauses: page 24
Overview of the Dominant WTO Comparative Approach: page 26
Survey of Other Research Methodologies: page 30
Why Do China’s FTAs Feature Low Legalization: page 45
Suggested Research Methodology and Conclusions: page 52
CHAPTER 3 China’s Misunderstood Attraction to Consultations: page 54
Why China’s Preference for Consultations Might be an Issue: page 54
Does China have a Preference for Diplomatic Settlement?: page 56
Use of Consultations and China’s Practice: page 63
Analysis of Provisions Regulating Consultations in China’s FTAs: page 67
Are Consultations Mandatory Before Arbitration?: page 77
Right to Initiate Panel Proceedings: page 81
Conclusions: page 82
CHAPTER 4 Arbitration Under China’s FTAs: page 90
Bound to Arbitrate: Terms and Conditions Apply: page 90
Initiation of Arbitration: page 92
Selection of Arbitrators and Their Qualifications: page 93
Substantive Rules During Panel Proceedings: page 96
Transparency in Arbitral Proceedings: page 102
Final Award and Implementation: page 103
Conclusions: page 106
CHAPTER 5 Explaining Absence of Arbitration in CEPAs and ECFA: page 113
Understanding Absence of Third Party Arbitration: page 114
A Unique CEPA Model for Resolution of Disputes: page 115
Analysis of CEPA Model: page 120
Conclusions: page 123
CHAPTER 6 Synthesis of Findings: page 124
Reassessment or Assessment?: page 124
Holistic Analysis of Dispute Resolution Chapters: page 125
LIST of REFERENCES: page 133


Abbott, Kenneth W., Keohane, Robert O., Moravcsik, Andrew, Slaughter, Anne-Marie and Snidal, Duncan, The Concept of Legalization. International Organization, Vol. 54, No.3, pp. 401-419, 2000

Abbott, Frederick M., the NAFTA and the Legalization of World Politics: A Case Study. International Organization, Vol. 54, No. 3, pp. 519-547. 2000.

Alilovic, Robert, Consultations under the WTO’s Dispute Settlement System. Dalhousie Journal of Legal Studies, Vol. 9, pp. 279-301, 2000

Antkiewicz, Agata and Whalley, John, China''s New Regional Trade Agreements. The World Economy, Blackwell Publishing, Vol. 28, No.10, pp. 1539-1557, 2004

Azrieli, Avraham, Improving Arbitration Under the U.S-Israel Free Trade Agreement: A Framework for a Middle-East Free Trade Zone. St. John’s Law Review, Vol. 67, No. 2, pp. 189-263, 1993

Baranes, Yair, The Motivations and Models: A comparison of the Israel-U.S Free Trade Agreement and the North American Free Trade Agreement. New York Law School Journal of International and Comparative Law, Vol. 17, pp. 146-169, 1997

Barfield, Claude, The Dragon Stirs: China’s Trade Policy For Asia-and the World. Arizona Journal of International and Comparative Law, Vol. 24, No.1, pp. 93-119, 2007

Basu, Parikshit K., Hicks, John, and Sappey, Richard B., Chinese Attitudes to Trade Agreements in the Context of the Proposed Australia-China Free Trade Agreement. Economic Papers: A Journal of Applied Economics and Policy, Vol. 24, No. 4, pp. 294–308, 2005

Biukovic, Ljiljana, Dispute Resolution Strategies in Trade Agreements Endorsed by the EU: CEFTA Experience. UNPUBLISHED MANUSCRIPT, Montreal, Canada, 2007

Breslin, Shaun, Comparative Theory, China, and the Future of East Asian regionalism(s). Review of International Studies, Vol. 36, No. 3, pp. 709-729, 2010

Cai, Kevin, Chinese Changing Perspective on the Development of an East Asian Free Trade Area. Review of International Affairs, Vol. 3, No. 4, pp. 584-599, 2004

Chen, Zhichao, Cross-Strait Economic Cooperation Framework Agreement: Deliberation on Economic, Political and Legal Aspects. Journal of East Asia and International Law, Vol. 4, No. 1, pp. 153-172, 2011

Chou, Chi-an, A Two Age Sword: The Economic Cooperation Framework Agreement Between The Republic of China and the People’s Republic of China. International Law and Management Review, Vol. 6, No. 1, pp. 1-21, 2010

Clarke, Donald C., China''s Legal System and the WTO: Prospects for Compliance. Global Studies Law Review, Vol. 2, No. 97, pp. 97-120, 2003

Clarke, Donald, Dispute Resolution in China. Journal of Chinese Law, Vol. 5, pp. 245-296, 1991

Clarke, Andrew and Gao, Xiang, Bilateral Free Trade Agreements: A Comparative Analysis of the Australia-United States FTA and the Forthcoming Australia-China FTA. University of New South Wales Law Journal, Vol. 30, No. 3, pp. 842-854, 2007

Clarke, Donald C., Murrell, Peter and Whiting, Susan H., The Role of Law in China''s Economic Development. The George Washington University Law School Public Law Research Paper No. 187, pp. 1-79, 2006

Dan, Wei, China’s Regional Trade Agreements: Implications and Comments. Manchester Journal of International Economic Law, Vol. 6, No. 1, pp. 81-118, 2009

Davey, William J., Evaluating WTO Dispute Settlement: What Results Have Been Achieved Through Consultations and Implementation of Panel Reports?. Illinois Public Law Research Paper No. 05-19, pp. 1-36, 2005

Dent, Christopher, Free Trade Agreements in the Asia-Pacific a Decade On: Evaluating the Past, Looking to the Future. International Relations of Asia-Pacific Vol. 10, No. 2, pp. 201-245, 2010

Farina, Anne Judith, Talking Disputes Into Harmony, China Approaches International Commercial Arbitration. American University International Law Review Vol. 4, No. 1, pp. 137-171, 1989

Gao, Henry S., China''s Participation in the WTO: A Lawyer''s Perspective. Singapore Yearbook of International Law, Vol. 11, pp. 1-34, 2007

Gao, Henry S., Elephant in the Room: Challenges of Integrating China into the WTO System. Asian Journal of WTO & International Health Law and Policy, Vol. 6, No. 1, pp. 137-168, 2011

Green, Carl J., APEC and Trans-Pacific Dispute Management. Law and Policy in International Business, Vol. 26, No. 3, pp. 719-734, 1995

Guzman, Andrew T., The Cost of Credibility: Explaining Resistance to Inter-State Dispute Resolution Mechanisms. UC Berkeley Public Law Research Paper No. 5, pp. 1-46, 2001

Guzman. Andrew. T., The Design of International Agreements. European Journal of International Law, Vol. 16, No. 4, pp. 579-612, 2005

Harpaz, Marcia D., Sense and Sensibilities of China and WTO Dispute Settlement. Journal of World Trade, Vol. 44, No. 6, pp. 1155–1186, 2010

Holbein, James and Carpentier, Gary, Trade Agreements and Dispute Settlement Mechanism in the Western Hemisphere. Case Western Reserve Journal of International Law, Vol. 25, pp. 531-570, 1993

Horlick, Gary, The Consultation Phase of the WTO Dispute Resolution: A private Practitioner’s View. International Law Journal, Vol. 32, No. 3, pp. 685-694, 1998

Horn, Henrik, Johannesson, Louise and Mavroidis, Petros C., The WTO Dispute Settlement System 1995-2010: Some Descriptive Statistics. IFN Working Paper No. 891, pp. 1-40, 2011

He, Baogang, East Asian Ideas of Regionalism: A Normative Critique. Australian Journal of International Affairs, Vol. 58, No. 1, pp. 105-125, 2012

Hicks, Raymond, and Kim, Soo Yeon, Reciprocal Trade Agreements in Asia: Credible Commitment to Trade Liberalization or Paper Tigers?. Journal of East Asian Studies, Vol. 12, No. 1, pp. 1-29, 2012

Hsieh, Pasha L., China-United States Trade Negotiations and Disputes: The WTO and Beyond. Asian Journal of WTO and International Health Law and Policy, Vol. 4, No. 2, pp. 369-99, 2009

Hu, Weixing, China and Asian Regionalism, Challenge and Policy Choice. Journal of Contemporary China, Vol. 5, No.11, pp. 43-56, 2007

Hudec, Robert, The New WTO Dispute Settlement: an Overview of First Three Years. Minnesota Journal of Trade Law, Vol. 8, No. 1 pp. 2-43, 1999

Iida, Keisuke, Is WTO Dispute Settlement Effective?. Global Governance: A Review of Multilateralism and International Organizations, Vol. 10, No. 2, pp. 207-225, 2004

Jackson, John H., Hudec, Robert E., Davis, Donald, The Role and Effectiveness of the WTO Dispute Settlement Mechanism [with Comments and Discussion]. Brookings Trade Forum, pp. 179-236, 2000

Ji, Wenhua and Huang, Cui, China’s Experience in Dealing with WTO Dispute Settlement: A Chinese Perspective. Journal of World Trade, Vol. 45, No. 1, pp. 1–37, 2011

Ji, Wenhua and Huang, Cui, China’s Path to the Center Stage of WTO Dispute Settlement: Challenges and Responses. Global Trade and Customs Journal, Vol. 5, No. 9, pp. 365-377, 2010

Kahler, Miles, Legalization as Strategy: The Asia-Pacific Case. International Organization, Vol. 54, No. 3, pp. 549-571, 2000

Karli, Mehmet, Assessing the Development Friendliness of Dispute Settlement Mechanisms in the Economic Partnership Agreements and Analytical and Comparative Guide to the Dispute Settlement Provisions in the EU’s FTAs. The Global Trade Ethics Study Programme Occasional Paper Series, University of Oxford, pp. 1-103, 2008

Kong, Qingjiang, China’s WTO Accession and the ASEAN-China Free Trade Agreement: Perspective of Chinese Lawyer. Journal of Economic Law, Vol. 7, No. 2, pp. 839-861, 2004

Koremenos, Barbara, If Only Half of International Agreements Have Dispute Resolution Provisions, Which Half Needs Explaining?. Journal of Legal Studies Vol. 36, No. 1, pp. 189-212, 2007

Kono, Daniel Y., Making Anarchy Work: International Legal Institutions and Trade Cooperation. The Journal of Politics, Vol. 69, No. 3, pp. 746-759, 2007

Lim, Chin-leng, East Asia’s Engagement with Cosmopolitan Ideals Under its Trade Treaty Dispute Provisions. McGill Law Journal, Vol. 56, No. 4, pp. 823-862, 2011

Lim, Chin-leng, Law and Diplomacy in World Trade Disputes. Singapore Journal of International and Commercial Law, Vol. 6, pp. 436-497, 2000

Ma, Xinmin, China’s Mechanism and Practice of Treaty Dispute Settlement. Chinese Journal of International Law, Vol. 11, No. 3, pp. 387-392, 2012

Malawer, Stuart, United States - China WTO Litigation (2001-2010): Active & Aggressive Litigants. Virginia Lawyer, Vol. 59, pp. 28-34, 2011

McRae, Donald, Measuring Effectiveness of the WTO Dispute Settlement System. Asian Journal of WTO & International Health Law and Policy, Vol. 3, No. 1, pp. 1-20, 2008

Mercurio, Bryan C. and LaForgia, Rebecca, Expanding Democracy: Why Australia Should Negotiate for Open and Transparent Dispute Settlement in its FTAs. Melbourne Journal of International Law, Vol. 6, pp. 485-516, 2005

Mu, Ziyi, Study of the NAFTA: Establishing a Better Dispute Resolution Mechanism under CEPA. US-China Law Review, Vol. 5, No. 6, pp. 32- 42, 2008

Pan, Zhongqi, Dilemmas of Regionalism in East Asia. Korea Review of International Studies Vol. 18, pp. 17-29, 2007

Parlin, Christopher, Operation of Consultations, Deterrence, and Mediation. Law and Policy in International Business, Vol. 31, No. 3, pp. 565-572, 2000

Pauwelyn, Joost, The Limits of Litigation: ''Americanization'' and Negotiation in the Settlement of WTO Disputes. Ohio State Journal on Dispute Resolution, Vol. 19, No. 1, pp. 121-140, 2000

Peerenboom, Randall and He, Xin, Dispute Resolution in China: Patterns, Causes and Prognosis. La Trobe Law School Legal Studies Research Paper, pp. 1-41, 2009

Peng, Shin-yi, The WTO Legalistic Approach and East Asia: From the Legal Culture Perspective. Asian-Pacific Law & Policy Journal, Vol. 1, No. 2, pp. 13-57, 2000

Ravenhill, John and Yang, Jiang, China’s Move to Preferential Trading: a New Direction in China’s Diplomacy. Journal of Contemporary China, Vol. 58, No.18, pp. 26-48, 2008

Ramírez Robles E., Political & Quasi-Adjudicative Dispute Settlement Models in European Union Free Trade Agreements - Is the Quasi-Adjudicative Model a Trend or is it Just Another Model?. WTO Economic Research and Statistical Division Working Paper Series, pp. 1-43, 2006

Ravenhill, John, East Asian Regionalism: Much Ado About Nothing?. Review of International Studies, Vol. 35, S.1, pp. 215-235, 2009

Rozman, Gilbert, Post-Cold War Evolution of Chinese Thinking on Regional Institutions in Northeast Asia. Journal of Contemporary China, Vol. 19, No. 66, pp. 605-620, 2010

Schneider, Andrea K., Not Quite a World Without Trials: Why International Dispute Resolution is Increasingly Judicialized. Journal of Dispute Resolution Vol. 2006, No. 1, pp. 119-131, 2006

Sheehy, Benedict, Fundamentally Conflicting Views of the Rule of Law in China and the West & Implications for Commercial Dispute. Northwestern Journal of International Law and Business, Vol. 26 No. 2, pp. 225-265, 2005

Shell, Richard G., Trade Legalism and International Relations Theory: An Analysis of the World Trade Organization. Duke Law Journal, Vol. 44, No. 5, pp. 829-927, 1995

Smith, James, The Politics of Dispute Settlement Design: Explaining Legalism in Regional Trade Pacts. International Organization, Vol. 54, No. 1, pp. 137-180, 2000

Slaughter, Anne-Marie B., International Law and International Relations Theory: A Dual Agenda. The American Journal of International Law, Vol. 87, No. 2, pp. 205-239, 1993

Snyder, Francis, China’s Regional Trade Agreements and the WTO Law. Journal of World Trade, Vol. 43, No. 1, pp. 1-53, 2009

Stipanowich, Thomas, Arbitration: The “New Litigation”. University of Illinois Law Review, Vol. 2010, No. 1, pp. 3-58, 2010

Trimble, Phillip R., International Trade and the "Rule of Law". Michigan Law Review Vol. 83, No. 4, pp. 1016-1032, 1985

Wang, Guiguo, China’s FTAs: Legal Characteristics and Implications. The American Journal of International Law, Vol. 105, No. 3, pp. 493-516, 2011

Wang, Jiangyu, China and East Asian Regionalism. European Law Journal, Vol. 17, No. 5, pp. 611-629, 2011

Wang, Jiangyu, China''s Regional Trade Agreement (RTA) Approach: The Law, the Geopolitics, and the Impact on the Multilateral Trading System. Singapore Year Book of International Law, Vol. 8, pp.119-151, 2004

Wang, Wei, CEPA: A Lawful Free Trade Agreement Under “One Country, Two Customs Territories?. American Law & Business Review, Vol. 10, 2004

Wang, Yuzhu, China, Economic Regionalism, and East Asian Integration. Japanese Journal of Political Science, Vol. 12, No. 2, pp. 195-212.

Webster, Timothy and Zhao, Jun, Taking Stock: China''s First Decade of Free Trade. University of Pennsylvania Journal of International Law, Vol. 33, No.1, pp. 65-119, 2011

Wethington, Olin L., Commentary on Consultation Mechanism Under the WTO Dispute Settlement Understanding During its First Five Years. Law and Policy International in Business, Vol. 31, No. 3, 2000

Choi, Won-Mog, Regional Economic Integration in East Asia: Prospect and Jurisprudence. Journal of International Economic Law, Vol. 6, No.1, pp. 49-77, 2003

Xiao, Ren, Between Adapting and Shaping: China’s Role in Asian Regional Cooperation. Journal of Contemporary China, Vol. 18, No. 59, pp. 302-320, 2009

Yang, Jiang, China’s Pursuit of Free Trade Agreements: Is China Exceptional?. Review of International Political Economy, Vol. 17, No. 1, pp. 238-261, 2010

Yang, Jiang, Australia-China FTA: China''s Domestic Politics and the Roots of Different National Approaches to FTAs. Australian Journal of International Affairs, Vol. 62, No. 2, pp. 179-195, 2008

Yoshimatsu, Hidetaka, Domestic Political Institutions, Diplomatic Style and Trade Agreements: A Comparative Study of China and Japan. New Political Economy, Vol. 15, pp. 395-419, 2010

Zhang, Liang, Unprecedented RTA Practices Between the Customs Territories of China. Journal of East Asia and International Law, Vol. 4, No. 1, pp. 81-104, 2012


Baldwin, Richard, Asian Regionalism: Promises and Pitfalls in EAST ASIAN ECONOMIC REGIONALISM, Ahn ed., pp.157- 173, 2005

Bercero, Garcia I., Dispute Settlement in European Union Free Trade Agreements: Lessons Learned? in REGIONAL TRADE AGREEMENTS AND THE WTO LEGAL SYSTEM, Bartels and Ortino eds., pp. 384-406, 2006.

Capie, David, Rival Regions? East Asian Regionalism and Its Challenges to the Asia-Pacific in ASIA-PACIFIC: A REGION IN TRANSITION, Rolfe ed., pp. 149-165, 2003

Ding, Sheng, A Concealed Regionalization Without Historical Roots: A New Form of Regionalism in Rising China’s Foreign Policy in INTERNATIONAL POLITICAL ECONOMIC OF NEW REGIONALISMS SERIES: CHINA AND THE GLOBAL POLITICS OF REGIONALIZATION, Kavalski ed. pp.33-47, 2009

Donaldson, Victoria, and Lester, Simon, Dispute Settlement in BILATERAL AND REGIONAL TRADE AGREEMENTS: COMMENTARY AND ANALYSIS, Mercurio and Lee eds., pp. 347-415, 2009

Evans, David, Bilateral and Plurilateral PTAs, in BILATERAL AND REGIONAL TRADE AGREEMENTS, COMMENTARY AND ANALYSIS, Mercurio ed., pp. 53-79, 2008

Gao, Henry S., Aggressive Legalism: The East Asian Experience and Lessons for China in CHINA''S PARTICIPATION IN THE WTO, Gao and Lewis, eds., pp. 315-351, 2005

Gao, Henry S., The Closer Economic Partnership Arrangement (Cepa) Between Mainland China and Hong Kong - Legal and Economic Analyses, in TRADING ARRANGEMENTS IN THE PACIFIC RIM: ASEAN AND APEC, pp.1-10, 2004

Gao, Henry S., The RTA Strategy of China: A Critical Visit in CHALLENGES TO MULTILATERAL TRADE: THE IMPACT OF BILATERAL, PREFERENTIAL AND REGIONAL AGREEMENTS, Vai and Boulle eds., pp. 55-66, 2008

Gantz, David A., The United States and the NAFTA Dispute Settlement: Ambivalence, Frustration and Occasional Defiance in THE SWORD AND THE SCALES: THE UNITED STATES AND INTERNATIONAL COURTS AND TRIBUNALS, Cesare Romano ed., pp. 356-394, 2009

Hoadley, Stephen and Yang, Jiang, China’s Free Trade Negotiations: Economics, Security and Diplomacy in CROSS REGIONAL TRADE AGREEMENTS, Katada and Solis eds., pp.123-146, 2008

Kim, Ng Bee, The China-Singapore Free Trade Agreement in ECONOMIC DIPLOMACY: ESSAYS AND REFLECTIONS BY SINGAPORE’S NEGOTIATORS, Lim and Liang eds. pp. 273-280 2010

Kong, Qingjiang, International Dispute Settlement: the Chinese Approach and Practice, and their Implications in CHINA, INDIA AND THE INTERNATIONAL ECONOMIC ORDER, Wang ed., pp. 314-329, 2010

Leal-Arcas, Rafael, China’s Economic Rise and Regional Trade in APEC AND THE RISE OF CHINA, Ho and Wong eds., pp. 93-120, 2011

Ming, Wan, The Domestic Political Economy of China’s Preferential Trade Agreements in TRADE POLICY IN THE ASIA-PACIFIC: THE ROLE OF IDEAS, INTERESTS AND DOMESTIC INSTITUTIONS, Aggarwal and Lee eds., pp. 29-48, 2011

Morgan, David, Dispute Settlement Under PTAs: Political or Legal? in CHALLENGES TO MULTILATERAL TRADE: THE IMPACT OF BILATERAL, PREFERENTIAL AND REGIONAL AGREEMENTS, Buckley et al. eds., pp. 1-27, 2009

Raustiala, Kal and Slaughter, Anne-Marie, International Law, International Relations and Compliance in THE HANDBOOK OF INTERNATIONAL RELATIONS, Carlnaes et al. eds., pp. 538-558, 2002

Suami, Takao, Regional Integration in East Asia and its Legalization: Can Law Contribute to the Progress of Integration in East Asia? in EAST ASIAN REGIONALISM FROM LEGAL PERSPECTIVE, CURRENT FEATURES AND A VISION FOR FUTURE, Nakamura ed., pp. 168- 189, 2009

Surrey, Walter S., Sobel, Stephen M., Recent Developments in Dispute Resolution in the People’s Republic of China in LEGAL ASPECTS OF DOING BUSINESS IN CHINA, Surrey and Sobel eds., pp. 373-429, 1983

Wang, Jiangyu, Association of Southeast Asian Nations–China Free Trade Agreement in BILATERAL AND REGIONAL TRADE AGREEMENTS: COMMENTARY AND ANALYSIS, Mercurio and Lee eds., pp. 192-225, 2009

Wang, Shuiliang, Introduction to International Trade Dispute Settlement in China in GLOBALIZATION AND LOCAL ADAPTATION IN INTERNATIONAL TRADE LAW, Potter and Biukovic eds., pp. 225-239, 2011

Waincymer, John M., Settlement of Disputes Under Free Trade Agreements in NEGOTIATING A PREFERENTIAL TRADING AGREEMENT: ISSUES, CONSTRAINTS AND PRACTICAL OPTIONS, Jayasuriya et al. eds., 192-218, 2009

Wu, Chienhuei, A New Landscape in the WTO: Economic Integration Among China, Taiwan, Hong Kong, and Macao in EUROPEAN YEARBOOK OF INTERNATIONAL ECONOMIC LAW, Herrmann and Terhechte Eds., pp. 241-270, 2012

Wu, Guoguang and Lansdowne, Helen, Conclusions in CHINA’S TURN TO MULTILATERALISM, Wu and Lansdowne eds. pp. 267-290, 2008

Zhao, Suisheng, China and East Asian Regional Cooperation: Institution-Building Efforts, Strategic Calculations and Preference for Informal Approach in CHINA AND EAST ASIAN STRATEGIES AND DYNAMICS, Li and Lee eds., pp. 53-67, 2011

Zhang, Yongjin, Understanding China’s Views of the Emerging Global Order in CHINA AND THE NEW INTERNATIONAL ORDER, Wang and Zheng eds., pp. 149-168, 2008


Jackson, John, WORLD TRADING SYSTEM, 1997

Peerebloom, Randall, CHINA’S LONG MARCH TOWARDS RULE OF LAW, 2002.


United Nations, Vienna Convention on the Law of Treaties, 23 May 1969, United Nations, Treaty Series, vol. 1155, p. 331, available at:
http://www.unhcr.org/refworld/docid/3ae6b3a10.html [accessed 8 April 2013]

DSU, Dispute Settlement Rules: Understanding on Rules and Procedures Governing the Settlement of Disputes, Marrakesh Agreement Establishing the World Trade Organization, Annex 2, THE LEGAL TEXTS: THE RESULTS OF THE URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS 354 (1999), 1869 U.N.T.S. 401, 33 I.L.M. 1226 (1994)

APEC, Best Practice for RTAs/FTAs in APEC, SOM CHAIR 2004. Available at http://www.apec.org/Home/Groups/Other-Groups/~/media/D3CEA02503D04FB49D9859EA10D29520.ashx, accessed on 01. 10. 2013.


Panel Reports, Brazil —Desiccated Coconut, WT/DS/22/R (October 1996)

Panel Report, Mexico — Corn Syrup, WT/DS/132/R (January 2000)

Panel Report, China — Poultry, WT/DS/392/R (September 2010)

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