Interpreting the ECFA: A New Common Market for Taiwan and Mainland China?

Yen-Hsueh Lai Soochow University, Taiwan
School of Law, Soochow University, 56, Kuei-yang St., Sec. 1, Taipei, Taiwan 100 R.O.C.
Corresponding Author: yhlai31746242@yahoo.com.cn
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
The ECFA was signed by Taiwan and Mainland China on June 29, 2010. It is Taiwan's new overall national economic policy calling for rapproachment with Mainland China. A primary purpose of this Agreement is to establish a quasi-national cross-strait common market within the framework of the WTO as well as to design the legal framework of bilateral economic cooperation. It is a course for the Chinese common market as the final economic integration. By its nature the current ECFA lies somewhat between a free trade agreement and a bilateral trade agreement within the framework of the WTO in the sector of trade in goods. Two parties have agreed on a new model of preferential treatment for goods exported from Taiwan to Mainland China. An agreed Early Harvest for Trade in Goods list is favourable for Taiwan, while an Early Harvest for Trade in Services list is balanced one for both parties. Other principles formulated by the ECFA are related to intellectual property rights and mutual investment. The success and failure of the ECFA will depend largely on the future cross-strait political atmosphere.

Keywords : ECFA, WTO, Early Harvest for Trade, Mutual Investment, Chinese Common Market

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.09

The Cross-Straits Economic Cooperation Framework Agreement: Deliberation on Economic, Political and Legal Aspects

Zhichao Chen Xiamen University, China
International Economic Law Institute, Xiamen University, Xiamen City, Fujian Province, 361005, P.R.China.
Corresponding Author: mr.chenzhichao@gmail.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
After careful deliberation and through rounds of talks, the Chinese mainland and Taiwan signed the Cross-Straits Economic Cooperation Framework Agreement in 2010. This agreement is viewed by many across the straits and around the world as an agreement with great implications not only for economic issues, but also for political interactions between the two sides. Moreover, as the two sides of the ECFA are WTO members, legally, the relevant rules concerning free-trade agreement under of the WTO regime are applicable to the ECFA. This article will give a brief analysis on the economic, political and legal aspects of the ECFA.

Keywords : ECFA, Cross-Strait Economic Cooperation, Early Harvest Planning, WTO Framework

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.08

Unprecedented RTA Practices between the Customs Territories of China

Liang Zhang Sun Yat-sen University, China
School of Law, Sun Yat-sen University, Guangzhou, P.R. China, 510275.
Corresponding Author: lzhang774@163.com
ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
China consists of four customs territories: the mainland, Hong Kong, Macau, and Taiwan. Each customs territory is an independent member of the WTO as well. To strengthen and promote regional economic integration, the mainland, Hong Kong, Macau, and Taiwan have concluded the CEPAs and the ECFA, respectively. The CEPAs and the ECFA are not only RTAs under the WTO, but also administrative agreements of China, which are unprecedented practices in the Multilateral Trading System. The implementation of the CEPAs and the ECFA go smoothly, and have been elevated to national policies of China, which will significantly promote the joint economic prosperity and development of the mainland, Hong Kong, Macau, and Taiwan.

Keywords : RTA, FTA, CEPA, ECFA, Customs Territories, WTO Rules

The Full Text is available at: http://dx.doi.org/10.14330/jeail.2011.4.1.04