This article is based on current Taiwan trade activities in WTO and the background of cross-strait economic and trade. Due to this background, it further investigates the framework of integration with cross-strait economic and trade. The relationship between Taiwan and China’s economic and trade have become normalization and institution since they signed ECFA on June 29, 2010. Under the framework of ECFA, cross-strait also singed Cross-Strait Bilateral Investment Protection and Promotion Agreement on Aug. 9, 2012, hence the relationship between cross-strait officially turned into post-age of ECFA. This article not only investigates the current framework of ECFA but reviews necessary improvement on clauses in comparison with FTAs of friendly countries of Mesoamerica, CEPA and NAFTA. It is hoped that this article can give some legal improved advises for ECFA system.
This article will be divided into six sections. Section 1 will present its background, motivation, goal and investigation. Section 2 will introduce the development from GATT to WTO, the process of Doha Development Agenda Negotiations and the challenges facing WTO. Section 3 will explore the relationship between Globalization and Regionalism, analyzing the development of regional integration and discuss the exception of preferential trading arrangement which is under the principle of the Most-Favored-Nation Treatment and National Treatment. Section 4 focuses on the necessary of economic and trade integration. It will thoroughly discuss why Taiwan and China want to sign ECFA. Section 5 will be divided into four subsections which discuss legal rank of ECFA and supervision by the congress. Furthermore, according to the ECFA clauses, it will use comparison method to explore four issues of Institutional Arrangement, Dispute Settlement, Termination and Investment Dispute. Finally, section 6 summarizes the conclusions which are worthy of future investigation.
