Indo-Pacific Legal Infrastructure: A China Perspective

2019 ◽  
Vol 113 ◽  
pp. 374-378
Author(s):  
Matthew S. Erie
Keyword(s):  
International Economic ◽  
The United States ◽  
Pacific Region ◽  
Economic Law ◽  
Novel Approach ◽  
International Economic Law ◽  
Region I ◽  
Belt And Road ◽  
The Belt And Road ◽  
Legal Infrastructure

The Indo-Pacific, given its economic and geopolitical significance as exemplified by the growing multilateralism in the region, is an incubatory space for innovative legal infrastructure. Against the backdrop of growing tension between the United States and China in the region, I emphasize China's expanding footprint through the “Belt and Road Initiative” (BRI) and its capacity to shape institutions, practices, and norms of international economic law. I begin by providing context and then suggest six ways in which the BRI may offer a novel approach to international economic law, with particular salience for the Indo-Pacific region.

New Asian Regionalism in International Economic Law

2021 ◽  
Author(s):  
Pasha L. Hsieh
Keyword(s):  
International Economic ◽  
The United States ◽  
Legal Analysis ◽  
The European Union ◽  
Regional Economic ◽  
Systematic Analysis ◽  
Economic Law ◽  
International Economic Law ◽  
Fresh Perspective ◽  
Asian Regionalism

This book provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law. It argues that new Asian regionalism has emerged amid the Third Regionalism and contributed to the New Regional Economic Order, which reinvigorates the role of developing countries in shaping international trade norms. To substantiate the claims, the book introduces theoretical debates and evaluates major regional economic initiatives and institutions, including the ASEAN+6 framework, APEC, the CPTPP and the RCEP. It also sheds light on legal issues involving the US-China trade war and the COVID-19 pandemic, as well as trade policies of Asian powers, the European Union and the United States. Hence, the legal analysis and case studies offer a fresh perspective of Asian integration and bridge the gap between academia and practice.

Interface 2.0 in Rules on State-Owned Enterprises: A Comparative Institutional Approach

2020 ◽  
Vol 23 (3) ◽  
pp. 637-663
Author(s):  
Ru Ding
Keyword(s):  
International Economic ◽  
Analytical Framework ◽  
The United States ◽  
Economic Systems ◽  
Consensus Building ◽  
The Public ◽  
Economic Law ◽  
International Economic Law ◽  
Public Body ◽  
Trading Partners

ABSTRACT Interface mechanisms in international economic law refer to international, regional, or domestic legal instruments that resolve problems arising from differences in economic systems. The existing interface mechanism regarding disciplining state-owned enterprises (SOEs)’ activities remains unclear and has led to disputes and a divergence of views among major trading partners, most notably between the United States and China. The underlying cause is the lack of an analytical framework to understand SOEs from a comparative view that may foster consensus-building discussions. This article constructs a comparative institutional framework to understand SOEs in a variety of market economy settings, which inspires new approaches in analyzing SOE-related legal issues in international economic law. This article takes the ‘public body’ issue in the WTO and the new disciplines on SOEs as examples, demonstrating that a type of activity-based approach can be a new interface mechanism for international rules on SOEs.

CHINESE PUZZLE: ANATOMY OF THE (INVISIBLE) BELT AND ROAD INVESTMENT TREATY1

2020 ◽  
Vol 23 (1) ◽  
pp. 245-269 ◽  
Author(s):  
Julien Chaisse ◽  
Jamieson Kirkwood
Keyword(s):  
International Economic ◽  
Dispute Settlement ◽  
Belt And Road Initiative ◽  
Bilateral Investment Treaties ◽  
Most Favored Nation ◽  
Investment Treaty ◽  
International Economic Law ◽  
Belt And Road ◽  
Most Favored Nation Clause ◽  
The Belt And Road

Abstract This article makes a major contribution to the emerging Belt and Road Initiative scholarship (and international economic law) by highlighting that (i) China’s existing investment treaty network along the Belt and Road is dated, (ii) many or most of those treaties include Most Favored Nation provisions, (iii) these treaties have hitherto been subject to a static three generations analysis which does not reflect the reality, and (iv) there is significant authority supporting the use of the Most Favoured Nation provisions by Chinese investors to upgrade the Belt and Road Initiative investment treaty network. This article demonstrates that an investment treaty for the Belt and Road Initiative already exists via the Most Favored Nation clause present in China’s bilateral investment treaties. Moreover, the article further identifies that China’s treaty network is unique (by being so extensive) and assesses the potential for investment claims in light of Belt and Road Initiative jurisdictions past involvements in Investor–State Dispute Settlement, and by doing so, the article sheds a new light on the predicted increased use of such procedure by Chinese investors.

Critical Scholarship and Responsible Practice of International Law. How Can the Two be Reconciled?

2016 ◽  
Vol 29 (4) ◽  
pp. 979-1000 ◽  
Author(s):  
ISABEL FEICHTNER
Keyword(s):  
International Economic ◽  
Political Economy ◽  
International Law ◽  
The United States ◽  
Economic Law ◽  
Critical Scholarship ◽  
International Economic Law ◽  
Legal Expert ◽  
Theory Of Law ◽  
Work First

AbstractHow can I as an international lawyer, conscious that international law is deeply implicated in today's global injustices and that the course of history will not be changed by any grand legal design, practice law responsibly? Taking as a point of departure my own desire not to seek comfort in the formulation of a critique of law, but to aspire to a responsible practice, I consult two quite different bodies of work: first, critical theory of law and second, recent scholarship on international law that argues a practice guided by ethics may enhance the legitimacy of international law. I turn then to my own practice of international economic law focusing on my occasional role as legal expert on the so-called megaregionals the EU aims to conclude with Canada and the United States. I propose that the debate on international economic law lacks an investigation into the role of law in shaping political economy; that this lack can be explained by the compartmentalization of expertise which leads to justification gaps with respect to projects such as the megaregionals. One way lawyers can assume responsibility is to work on closing these gaps even if it means leaving the ‘inside’ of the legal discipline. Finally, I suggest that a responsible legal practice of social change might follow Roberto Unger's call for institutional imagination. Maybe I can satisfy my wish for a transformative practice by joining forces with friends in experimenting with institutions, hoping to build an alternative political economy.

International Economic Law and Asia

2019 ◽  
pp. 236-266
Author(s):  
Wang Jiangyu
Keyword(s):  
International Economic ◽  
International Economic Order ◽  
Asian Countries ◽  
Investment Bank ◽  
Economic Law ◽  
International Economic Law ◽  
The Pacific ◽  
New Development ◽  
Belt And Road ◽  
Special Meaning

This chapter explores the development of international economic law in Asia and the Pacific. International economic law (IEL), which is based on liberal economic theories, holds a special meaning for Asia because it has been associated with colonization, modernization, and globalization ever since it was first encountered by countries in the region. Asian countries’ subscription to IEL is thus a historical journey. Generally, Asia’s participation in the making of IEL has been rather limited, but a number of Asian countries—including China, India, Japan, Korea, and certain Southeast Asian countries—have benefited from the Western-dominated international economic order by making use of its rules, though at different times of history. The chapter then turns to several recent IEL related initiatives in Asia, including the Asian Infrastructure Investment Bank, the New Development Bank, and China’s Belt and Road Initiative.

China will expand its reach in the Pacific Islands

2019 ◽  
Keyword(s):  
South Asian ◽  
Pacific Islands ◽  
The United States ◽  
Pacific Region ◽  
Content Type ◽  
Strategic Competition ◽  
Asian Populations ◽  
The Pacific ◽  
Belt And Road ◽  
The Belt And Road

Subject Strategic competition in the Pacific Islands. Significance The United States has extended its concept of an ‘Indo-Pacific region’ to include the Pacific Islands, while Beijing includes them in the Belt and Road Initiative. Strategic competition has arrived in a region long overlooked. Impacts Regional states will use China-Taiwan and China-US competition to their own advantage. New Zealand and Australia are trying to reinvent their role through assistance to combat natural disasters related to climate change. Japan will play a role in disaster relief too, and is the most likely alternative to China on infrastructure projects. India has less presence in the region but may have influence with some Pacific Islands with ethnic South Asian populations.

Belt and Road Initiative: Analysis of Possible Effects on Nigeria’s Economy

2018 ◽  
Vol 9 (06) ◽  
pp. 20475-20182
Author(s):  
Ige Ayokunle O ◽  
Akingbesote A.O
Keyword(s):  
Economic Growth ◽  
International Economic ◽  
International Cooperation ◽  
Economic Cooperation ◽  
Belt And Road Initiative ◽  
International Economic Cooperation ◽  
R Project ◽  
Belt And Road ◽  
The Relationship ◽  
The Belt And Road

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.

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