Abstract:
The
EU–China Partnership and Cooperation Agreement (PCA) is a relatively
new type of agreement between the EU and a third country, and its
negotiation and conclusion will bring about a new landscape for the
comprehensive strategic partnership between the two sides. However,
owing to the broadness, importance and complexity of EU–China
relations, and the unique multiple-level governance within the EU
itself, the negotiation and conclusion of the new PCA deems to be
a hard and time-consuming process. In light of the EU internal aspects,
the new PCA seems to be related to several treaty-making competences
and procedures, thus probably with the form of a mixed agreement
as the final outcome. In terms of substantive issues, market access,
transparency, intellectual property rights, China's full market economy
status, abandonment of embargo on arms sales and high-tech trade,
democracy, human rights, rule of law, good governance and dispute
settlement clauses, etc are all inevitably the tough and core issues.
Nevertheless, it is believed that both sides will strive to lay down
a systematic, stable and sustainable treaty law basis for a comprehensive
EU–China strategic partnership in the spirit of seeking commonality,
mutual respect and trust, and equal consultation.