The China-Taiwan ECFA, Geopolitical Dimensions and WTO Law

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 exa...

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Bibliographic Details
Published in:Journal of international economic law 2011-03, Vol.14 (1), p.121-156
Main Author: Hsieh, Pasha L
Format: Article
Language:English
Subjects:
ASEAN
Case studies
China
Free trade
Free trade areas
Geopolitics
International law
Legislation
Regulation
Studies
Taiwan
Trade agreements
Trade relations
World Trade Organization
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Summary: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. [PUBLICATION ABSTRACT]
ISSN:1369-3034
1464-3758
DOI:10.1093/jiel/jgr009