挑戰 Willem C. Vis 國際商務仲裁模擬法庭辯論賽
A Review on the Service Trade Agreement of the ECFA
By Kuei-Jung Ni
Professor of Law, Institute of Technology Law, NCTU
According to the Cross-Straits Economic Cooperation Framework Agreement (ECFA) , both Mainland China and Taiwan are required to conduct consultations for concluding an agreement on trade in services with a view to seeking (1) gradually reduce or eliminate restrictions on a large number of sectors in trade in services between the two Parties; (2) further increase the breadth and depth of trade in services; (3) enhance cooperation in trade in services between the two Parties. The principle of progressiveness also applies to the proposed service trade agreement as the ECFA simply mandates a gradual reduction of restrictions on a large number, but not all, of sectors of services.
The ECFA by nature is a framework agreement and now in a preliminary stage for the realization of trade normalization across the Strait. Whether major goals and objects set by the ECFA can be achieved hinges on the subsequent conclusion and implementation of individual agreements. Since the ECFA came into force in late 2010, both parties have engaged in a serial of consultations and negotiations according to the roadmap underlined in the ECFA.