International Governance and the Rule of Law in China under the Belt and Road Initiative

2019 ◽  
Vol 5 (2) ◽  
pp. 153-175
Author(s):  
Lu Xu

Abstract This article identifies and clarifies some of the miscommunication between Chinese and English in the discussion of rule of law or rule by law. “Rule by law” is not a concept readily understandable by a Chinese audience because there is no acceptable translation or equivalent in Chinese. At the same time, the historical and contextual significance of the different denotations of “rule of law” in Chinese is often overlooked in an English-speaking environment. Meanwhile, the abstraction in critical examination of Chinese law often masks significant changes taking place in China’s construction of a “socialist rule of law with Chinese characteristics”, such as the emergence of a system of case law. The different components and aspects of such a system, ranging from the guidance cases system published by the Supreme People’s Court, to the largest database of judicial decisions in the world, and the newly established China International Commercial Court under the Belt and Road Initiative could fundamentally alter and structure, nature and principles of Chinese law as we know it.


2020 ◽  
Vol 8 (1) ◽  
pp. 250-278 ◽  
Author(s):  
Roza Nurgozhayeva

Abstract Since the Belt and Road Initiative (BRI) was announced in 2013, China’s expanding economic, geopolitical, and business presence demonstrates its eagerness to play a more significant role in the systems of international governance and law. The BRI’s scale and influence have captured immense attention among politicians, policymakers, experts, and academics. They offer numerous interpretations of the BRI’s global and regional impact. If China claims to be a stakeholder in the international system, what are the implications for the legal systems of the BRI countries and their governance systems? To what extent does the BRI lead to the expansion of China’s institutions and legal norms? How can the BRI countries ensure that their interests in BRI projects are adequately protected? This article analyses the Central Asian perspective on the BRI. Central Asia and Kazakhstan, in particular, have strategic relevance to the BRI. Remarkably, the BRI was launched during the visit of President Xi Jinping to Kazakhstan, which means that Kazakhstan plays a critical transit role as China’s pivot to Europe. Although the BRI is an ambitious global strategy, it has provoked much criticism, especially in liberal countries. Despite China’s efforts to promote the BRI as a win–win endeavour, China’s increased economic and political influence has already led to heightened scrutiny of its role in shaping ideology, economic development, and the legal and institutional landscapes. While many academic publications address different perspectives of the BRI, the context behind BRI projects requires further attention. This article contributes to the literature by studying BRI projects in Kazakhstan and their legal framework and governance.


2019 ◽  
pp. 47-71
Author(s):  
Petr M. Mozias

China’s Belt and Road Initiative could be treated ambiguously. On the one hand, it is intended to transform the newly acquired economic potential of that country into its higher status in the world. China invites a lot of nations to build up gigantic transit corridors by joint efforts, and doing so it applies productively its capital and technologies. International transactions in RMB are also being expanded. But, on the other hand, the Belt and Road Initiative is also a necessity for China to cope with some evident problems of its current stage of development, such as industrial overcapacity, overdependence on imports of raw materials from a narrow circle of countries, and a subordinate status in global value chains. For Russia participation in the Belt and Road Initiative may be fruitful, since the very character of that project provides us with a space to manoeuvre. By now, Russian exports to China consist primarily of fuels and other commodities. More active industrial policy is needed to correct this situation . A flexible framework of the Belt and Road Initiative is more suitable for this objective to be achieved, rather than traditional forms of regional integration, such as a free trade zone.


2018 ◽  
Vol 9 (06) ◽  
pp. 20475-20182
Author(s):  
Ige Ayokunle O ◽  
Akingbesote A.O

The Belt and Road initiative is an important attempt by China to sustain its economic growth, by exploring new forms of international economic cooperation with new partners. Even though the B&R project is not the first attempt at international cooperation, it is considered as the best as it is open in nature and does not exclude interested countries. This review raised and answered three questions of how the B&R project will affect Nigeria’s economy?  How will it affect the relationship between Nigeria and China? What could go wrong?, The review concluded that Nigeria can only benefit positively from the project.


Author(s):  
Adnan Khalaf i Hammed Al-Badrani ◽  
Hind Ziyad Nafeih

The Belt and Road Initiative is an initiative to revive the ancient Silk Road, through networks of land and sea roads, oil and gas pipelines, electric power lines, the Internet and airports, to create a model of regional and international cooperation.       It is essentially a long-term development strategy, launched by the Chinese president in 2013 to become the main engine of Chinese domestic policy and foreign diplomacy and within the framework of the soft power strategy, to enhance its position and influence in the world as a peaceful and responsible country.   The study includes identifying the initiative and setting goals for China, as well as the challenges and difficulties that hinder the initiative.


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