The cross-strait judicial agreement: A study of bilateral agreements regarding trade and investment matters in China

Chunhsien Sung, Tse-ping Dong, Justin Lin Shang-Chen, Tzu Wen Wei

Research output: Contribution to journalArticlepeer-review

Abstract

The third round of talks between Chiang Pin-kung, chairman of Taiwan's Straits Exchange Foundation, and Chen Yunlin, president of China's Association for Relations Across the Taiwan Strait, established an institutionalized platform for legal cooperation by concluding the Agreement on Joint Cross-Strait Crime-fighting and Mutual Judicial Assistance (hereafter, the Cross-Strait Judicial Agreement). This study will focus on Article 10 of the Cross-Strait Judicial Agreement, which contains the only reference in international law to Taiwan's and China's responsibility to recognize arbitration awards. This article will examine international rules for recognizing judgments and will make reference to other similar agreements in China that provide models for a future agreement with Taiwan. It is concluded that the form of Article 10 of the Cross-Strait Judicial Agreement can only be regarded as a first step toward judicial cooperation. A further and detailed bilateral agreement would provide safeguards for this preferential treatment. The need to avoid controversy cannot be used as an excuse for ignoring certain important matters.

Original languageEnglish
Pages (from-to)79-105
Number of pages27
JournalIssues and Studies
Volume47
Issue number1
Publication statusPublished - 2011 Jan 1

Keywords

  • Arbitration
  • China judgment conventions
  • Judgment recognition
  • The Cross-Strait Judical Agreement
  • Trade and Investment Matters

ASJC Scopus subject areas

  • Sociology and Political Science
  • Political Science and International Relations

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