A Quasi-adjudicative Dispute Settlement Mechanism for CEPA: The Rule of Law in Trade Relations between Mainland China and Hong Kong
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AbstractThis article analyses the exclusion of the rule of law in dispute settlement from trade relations between Mainland China and Hong Kong. Other than a power-based provision to resolve any problems through consultation, the Closer Economic Partnership Arrangement (CEPA) between the Central Peoples Government of the Peoples Republic of China and the Government of the Hong Kong Special Administrative Region does not contain any rules or procedures for the settlement of disputes between the two sides. The politicization of dispute settlement favours the freedom of informality but compromises certainty of implementation, efficiency of consistency, and transparency of justice, all necessary for further and fairer trade creation and economic integration. This article, therefore, calls for the rule of law in trade relations between Mainland China and Hong Kong with a proposal for a quasi-adjudicative dispute settlement mechanism for CEPA that complements the political framework for consultation and negotiation with an adjudicative framework for arbitration and implementation.
All Author(s) ListPuig GV
Journal nameChinese Journal of International Law
Year2013
Month6
Day1
Volume Number12
Issue Number2
PublisherOXFORD UNIV PRESS
Pages281 - 320
ISSN1540-1650
LanguagesEnglish-United Kingdom
Web of Science Subject CategoriesGovernment & Law; International Relations; INTERNATIONAL RELATIONS; Law; LAW

Last updated on 2020-01-07 at 01:58