Title

The China-Taiwan ECFA, Geopolitical Dimensions and WTO Law

Publication Type

Journal Article

Publication Date

2011

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 ECFA’s early harvest program. Finally, the article discusses the ECFA’s 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.

Discipline

Asian Studies | International Trade Law | Law and Economics

Research Areas

Law of Transnational Business

Publication

Journal of International Economic Law

Volume

14

Issue

1

First Page

121

Last Page

156

ISSN

1369-3034

Identifier

10.1093/jiel/jgr009

Publisher

Oxford University Press

Additional URL

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