頁籤選單縮合
| 題 名 | Good Faith and Non-Violation Complaints in the Context of Cross-Straits Relation |
|---|---|
| 作 者 | Yeh, Shun-yong; | 書刊名 | 清華科技法律與政策論叢 |
| 卷 期 | 2:3 民94.09 |
| 頁 次 | 頁45-82 |
| 分類號 | 558.52 |
| 關鍵詞 | Good faith; International relations; World Trade Organization; Non-violation complaints; Nullification and impairment; Cooperation and coexistence; |
| 語 文 | 英文(English) |
| 英文摘要 | No one will possibly dispute the importance and pervasiveness of the principle of good faith in international relation. The command of good faith is particularly important in Cross-Straits relation, which, for historical reasons, is both sensitive and complex. Unfortunately, it seems that the political wrestling between the two sides has spilled over to the WTO where China persistently challenges the legal status of Taiwan as such. In the political context, both Taiwan and China would certainly have to exercise their utmost good faith in ensuing dialogue that would lead to an ultimate peaceful resolution. In the WTO context, the recent development in its jurisprudence also highlighted the importance of the principle of good faith in the interactions between Members. More importantly, the recent findings by the panel in a case concerning government procurement, notwithstanding the fact that such findings have not been reviewed by the Appellate Body, do raise a systemic question as to whether a breach of the principle of good faith constitutes a cause of non-violation complaint. If it does not, one needs to reflect on the ultimate objective of non-violation complaint and the necessity of retaining it. It light of these findings and a more recent Appellate Body's decision on the question of whether good faith constitutes a substantive obligation of WTO Members, this article attempts to formulate a solution in resolving the peculiar problem of Taiwan and China in the WTO context. Undoubtedly, the WTO is not the only forum for resolving Cross-Strait trade relations, even if it is, it is by no means a proper forum to unbundle this complex historical problem. Nevertheless, by highlighting the importance and application of the principle of good faith in international vis~a~vis WTO relation, this article simply endeavours to appeal to both the Taiwan and China authorities that in handling the Cross-Strait relations, mutual understanding, respect and trust are of paramount importance if peaceful resolution is the ultimate intention. This article begins with a discussion on the economic relation between the two sides and the irregular behaviour of China towards Taiwan within the Organization. The article then addresses the question of the application of the principle of good faith in both the international law and WTO context. A case is then argued, based on the jurisprudence evolved commencing from the GATT era on non-violation complaint, that breach of good faith may give rise to a cause of action under Article XXIII: 1(b) of the GATT. This article suggests that non-violation complaint grounded on the good faith principle could be a viable solution to the Cross-Straits question in the WTO context. |
本系統中英文摘要資訊取自各篇刊載內容。