The Cross-Strait Judicial Agreement: A Study of Bilateral Agreements Regarding Trade and Investment Matters in China

宋 俊賢, 董 澤平(Tse-Ping Dong), 林 尚楨(Shang-Chen Justin Lin), 魏 資文(Tzu-Wen Wei)

研究成果: 雜誌貢獻文章

摘要

The third round of talks between Chiang Pin-kung (江丙坤) chairman of Taiwan's Straits Exchange Foundation, and Chen Yunlin (陳雲林), 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.
原文英語
頁(從 - 到)79-105
頁數27
期刊Issues and Studies
47
發行號1
出版狀態已發佈 - 2011

指紋

Taiwan
China
crime fighting
arbitration
international law
president
assistance
responsibility

引用此文

The Cross-Strait Judicial Agreement: A Study of Bilateral Agreements Regarding Trade and Investment Matters in China. / 宋俊賢; 董澤平(Tse-Ping Dong); 林尚楨(Shang-Chen Justin Lin); 魏資文(Tzu-Wen Wei).

於: Issues and Studies, 卷 47, 編號 1, 2011, p. 79-105.

研究成果: 雜誌貢獻文章

宋俊賢 ; 董澤平(Tse-Ping Dong) ; 林尚楨(Shang-Chen Justin Lin) ; 魏資文(Tzu-Wen Wei). / The Cross-Strait Judicial Agreement: A Study of Bilateral Agreements Regarding Trade and Investment Matters in China. 於: Issues and Studies. 2011 ; 卷 47, 編號 1. 頁 79-105.
@article{a56d3fde815b4edd9ddd8e1ff511be82,
title = "The Cross-Strait Judicial Agreement: A Study of Bilateral Agreements Regarding Trade and Investment Matters in China",
abstract = "The third round of talks between Chiang Pin-kung (江丙坤) chairman of Taiwan's Straits Exchange Foundation, and Chen Yunlin (陳雲林), 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.",
keywords = "arbitration, judgment recognition, the Cross-Strait Judical Agreement, China judgment conventions, Trade and Investment Matters",
author = "俊賢 宋 and 董, {澤平(Tse-Ping Dong)} and 林, {尚楨(Shang-Chen Justin Lin)} and 魏, {資文(Tzu-Wen Wei)}",
year = "2011",
language = "English",
volume = "47",
pages = "79--105",
journal = "Issues and Studies",
issn = "1013-2511",
publisher = "政治大學國際關係研究中心",
number = "1",

}

TY - JOUR

T1 - The Cross-Strait Judicial Agreement: A Study of Bilateral Agreements Regarding Trade and Investment Matters in China

AU - 宋, 俊賢

AU - 董, 澤平(Tse-Ping Dong)

AU - 林, 尚楨(Shang-Chen Justin Lin)

AU - 魏, 資文(Tzu-Wen Wei)

PY - 2011

Y1 - 2011

N2 - The third round of talks between Chiang Pin-kung (江丙坤) chairman of Taiwan's Straits Exchange Foundation, and Chen Yunlin (陳雲林), 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.

AB - The third round of talks between Chiang Pin-kung (江丙坤) chairman of Taiwan's Straits Exchange Foundation, and Chen Yunlin (陳雲林), 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.

KW - arbitration

KW - judgment recognition

KW - the Cross-Strait Judical Agreement

KW - China judgment conventions

KW - Trade and Investment Matters

M3 - Article

VL - 47

SP - 79

EP - 105

JO - Issues and Studies

JF - Issues and Studies

SN - 1013-2511

IS - 1

ER -