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Reflection and Breakthrough on the Dispute Settlement Mechanism of CAFTA

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DOI: 10.25236/ssah.2018.035


Xue Wang

Corresponding Author

Xue Wang


CAFTA's Agreement on Dispute Settlement Mechanism is never implemented after signing for more than ten years. The situation of "non-implementation" is worth pondering. This article applies the literature research method to sort out the representative point of view from existing literature. Many scholars believe that the "weak judiciary" in the dispute settlement mechanism of CAFTA is the key problem; the arbitration system should be improved on that basis. This paper holds that, most of these research results are lack of foresight and global views. Under the influence of "the Belt and Road Initiative", the background of regional cooperation has undergone major changes. The only way out for the CAFTA dispute settlement mechanism is to establish and perfect a mediation mechanism.


Weak Judiciary, Mediation Mechanism.