A Quasi-adjudicative Dispute Settlement Mechanism for CEPA: The Rule of Law in Trade Relations between Mainland China and Hong Kong
Publication in refereed journal

香港中文大學研究人員

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替代計量分析
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摘要This 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.
著者Puig GV
期刊名稱Chinese Journal of International Law
出版年份2013
月份6
日期1
卷號12
期次2
出版社OXFORD UNIV PRESS
頁次281 - 320
國際標準期刊號1540-1650
語言英式英語
Web of Science 學科類別Government & Law; International Relations; INTERNATIONAL RELATIONS; Law; LAW

上次更新時間 2020-10-08 於 01:42