The China-Taiwan ECFA, Geopolitical Dimensions and WTO Law

Journal of International Economic Law, Vol. 14, No. 1, pp. 121-156, 2011

36 Pages Posted: 21 Feb 2011 Last revised: 10 Oct 2012

See all articles by Pasha L. Hsieh

Pasha L. Hsieh

Singapore Management University - School of Law

Date Written: February 17, 2011

Abstract

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.

Keywords: China, Taiwan, Framework Agreement, ECFA, CEPA, FTA, WTO, ASEAN, Asian Regionalism, Korea, Singapore

Suggested Citation

Hsieh, Pasha L., The China-Taiwan ECFA, Geopolitical Dimensions and WTO Law (February 17, 2011). Journal of International Economic Law, Vol. 14, No. 1, pp. 121-156, 2011, Available at SSRN: https://ssrn.com/abstract=1763510

Pasha L. Hsieh (Contact Author)

Singapore Management University - School of Law ( email )

55 Armenian Street
Level 4
Singapore, 179943
Singapore
68280345 (Phone)

HOME PAGE: http://law.smu.edu.sg/directory/pasha-l-hsieh

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
274
Abstract Views
1,734
rank
123,664
PlumX Metrics