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題 名 | Unveiling the ECFA Mist=揭開ECFA的面紗 |
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作 者 | 劉博文; | 書刊名 | 致理法學 |
卷 期 | 7 2010.03[民99.03] |
頁 次 | 頁85-104 |
分類號 | 558.52 |
關鍵詞 | 兩岸經濟框架協議; 自由貿易協定; 東協; 早期收穫條款; 退出條款; ECFA; Economic cooperation framework agreement; ASEAN; FTA; CEPA; WTO; One China; Cross-strait; Early harvest; Opt out clause; Spill-over effect; Referendum; |
語 文 | 英文(English) |
英文摘要 | Signing a cross-Strait economic framework agreement is important for for it not only can normalize its economic relations with the Mainland but also boost the island state economic. On the other hand, the proposed trade pact will also strengthen ’s economic power in the region as well as to stabilize cross-Strait relations and spur both sides’ policy interactions. Both Taiwan and the Mainland must recognize the fact that the proposed ECFA is but an agreement between two WTO members to regulate their economic relations and that both sides should eliminate all political overtones during negotiations in order to achieve a win-win solution. The proposed trade pact is a framework agreement with an Early Harvest feature which can provides with some near-term solutions to deal with those most critical current economic issues. A framework agreement, although not a true FTA per se, is a better option for Taiwan for instead of rush into a deal that maybe pre-mature it simply lays out the general principles and structure of the cross-Strait economic integration for both parties to follow. The proposed ECFA is a bilateral agreement between and which does not involve ASEAN and therefore it should not be viewed as an invitation for to sign a future FTA with ASEAN. Instead of signing a FTA with the whole association, it might be more practical for to negotiate FTAs with individual ASEAN countries that share mutual economic interests with Taipei. The signing of ECFA will inevitably cause the “Spill-over effect” on certain sectors which will further expedite the cross-Strait economic and political integration and eventually change the status quo. An “Opt out” Clause, although gives Taiwan the right to terminate the proposed trade pact in case that Beijing has breached its contractual duties, will not change or slow down such spill-over effect once it has been initiated. Despite it might not be legally required to hold a referendum on the proposed ECFA, nonetheless, taking its de facto political impact as well as the democratic nature of Taiwanese society into consideration, the administration must acting in a more transparent way in terms of fully disclose the contents and its potential impacts of the proposed ECFA. A greater degree of public disclosure is the basis for building a national consensus on the matter so that appropriate measurements can be adopted to minimized the negative impacts that might caused by the trade pact. |
本系統中英文摘要資訊取自各篇刊載內容。