The Belt and Road Initiative and International Law: Viewed from the Perspective of the Supply of International Public Goods

2021 ◽  
Vol 42 (4) ◽  
pp. 20-37
Author(s):  
Shi Jingxia
Keyword(s):  
Public Goods ◽  
International Law ◽  
Belt And Road Initiative ◽  
International Public Goods ◽  
Belt And Road ◽  
The Belt And Road

scholarly journals Recognition of Foreign Judgments in China: The Liu Case and the “Belt and Road” Initiative

2019 ◽  
Vol 37 (1) ◽  
Author(s):  
Ronald A. Brand
Keyword(s):  
International Law ◽  
Single Case ◽  
Private International Law ◽  
Belt And Road Initiative ◽  
Significant Development ◽  
Recognition And Enforcement ◽  
Belt And Road ◽  
The One ◽  
The Belt And Road ◽  
Chinese Court

In June, 2017, the Wuhan Intermediate People’s Court became the first Chinese court to recognize a U.S. judgment in the case of Liu Li v. Tao Li & Tong Wu. The Liu case is a significant development in Chinese private international law, but represents more than a single decision in a single case. It is one piece of a developing puzzle in which the law on the recognition and enforcement of foreign judgments in China is a part of a larger set of developments. These developments are inextricably tied to the “One Belt and One Road,” or “Belt and Road” Initiative first announced by Chinese President Xi Jinping on a visit to Kazakhstan in 2013. This article traces the development of the Liu case, from the first judgment in California to the decision to recognize and enforce that judgment in Wuhan, China. It then provides the context within which the decision on recognition and enforcement was made, and the way the decision fits within President Xi’s “Belt and Road” Initiative and the pronouncements of the Chinese People’s Supreme Court which have encouraged the recognition and enforcement of foreign judgments as part of that Initiative.

scholarly journals Sino-Italian political and economic cooperation: Perspectives and challenges

2021 ◽  
Vol 11 (21) ◽  
pp. 113-137
Author(s):  
Slobodan Popović
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
International Law ◽  
Economic Cooperation ◽  
Belt And Road Initiative ◽  
Mutual Trust ◽  
National Interests ◽  
Distribution Of Wealth ◽  
Belt And Road ◽  
The Belt And Road

The purpose of this article is to examine Sino-Italian political and economic cooperation. The first part of the paper reviews the still ongoing process of China`s ambitions to present itself as a 'non-Other' to the international society by carrying out economic development and political opening and offering the Belt and Road Initiative to international partners. However, Beijing still faces (un)justified accusation that it affects the implementation of the already established norms, principles and procedures of the international law, sustainable development, geopolitical order, and geoeconomic distribution of wealth. For the purpose of this research, our focus will be on Italian understanding of the maritime perspective of the Belt and Road Initiative. The second part examines tools that the two countries use for overcoming obstacles to political and economic cooperation, whilst striving not just to widen and strengthen mutual trust, sincerity, and pragmatism, but to protect national interests as well.

scholarly journals Tension and Rivalry: The ‘Belt and Road’ Initiative, Global Governance, and International Law

2020 ◽  
Vol 8 (1) ◽  
pp. 177-196
Author(s):  
Jianfu Chen
Keyword(s):  
International Law ◽  
International Cooperation ◽  
Global Governance ◽  
Belt And Road Initiative ◽  
Economic Strategy ◽  
The World ◽  
Belt And Road ◽  
Initial Perception ◽  
The Belt And Road ◽  
Do So

Abstract This article attempts to establish a context in which the controversies of the Belt and Road Initiative (BRI) and its practice can be better understood. It is argued that, earlier, the background to the birth of the BRI had effectively determined the initial perception of the initiative as a geopolitical move and that this perception has increasingly led to a view that the initiative is a Chinese geo-economic strategy. While there is no universally agreed meaning of the notion ‘geo-economics’, this notion, more often than not, conjures images of winners and losers in geopolitical manoeuvring. As such, China needs to convince the world that the BRI is indeed a ‘win-win’ scenario in international cooperation. To do so, China needs to engage much more closely with international law and talk less about China’s own model of global governance.

From Cautious Interaction to Mature Influence: China's Evolving Engagement with the International Investment Regime

2020 ◽  
Vol 93 (1) ◽  
pp. 59-88
Author(s):  
Wendy Leutert ◽  
Zachary Haver
Keyword(s):  
International Law ◽  
International Investment ◽  
Central Component ◽  
Belt And Road Initiative ◽  
Bilateral Investment Treaties ◽  
The Past ◽  
Belt And Road ◽  
State Behaviour ◽  
The Belt And Road ◽  
Over Time

As the Belt and Road Initiative expands the global footprint of Chinese firms, Beijing increasingly relies on international law to protect investments overseas. How and why has China's engagement with the international investment regime evolved over the past four decades? This article addresses these questions by examining the central component of the international investment regime: bilateral investment treaties (BITs). Through analyzing China's BIT practice and the security exceptions in 1,173 BITs concluded by both China as well as its treaty partners, this article provides evidence of changing Chinese engagement, from cautious interaction (1978–1991) to active participation (1992–1997), committed implementation (1998–2012), and mature influence (2013–present). As Beijing accepted, applied, and shaped the rules and norms of the BIT system, China's treaty practice co-evolved with the international investment regime. A co-evolutionary approach illuminates why—and how—state behaviour and international orders change over time.

scholarly journals The Belt and Road Initiative and Global Governance in Transition

2017 ◽  
Vol 03 (02) ◽  
pp. 175-191 ◽  
Author(s):  
Zhang Chun
Keyword(s):  
Public Goods ◽  
Global Governance ◽  
Ethical Standards ◽  
Belt And Road Initiative ◽  
Top Down ◽  
Global Public Goods ◽  
Social Ecological ◽  
Belt And Road ◽  
Common Destiny ◽  
The Belt And Road

As protectionism and isolationism rise against globalization, China’s Belt and Road Initiative (BRI) provides strong momentum for advancing the transformation of global governance. First, the BRI strengthens the awareness of building a community of common destiny for mankind and promotes the evolution of epistemology in global governance. Second, it offers more sustainable global public goods, thus improving ethical standards for global governance. Third, the BRI combines the top-down and bottom-up approaches to encourage voluntary actions in global governance. Fourth, the BRI draws on China’s own experience in integrating reform, development and stability, which helps balance the economic, social, ecological, and security dimensions of global governance, so as to foster common development among countries and regions along the routes and ultimately create a new equilibrium between South-South and North-South cooperation. Promoted through consultation to meet the interests of all, the BRI will make both tangible and intangible contributions to the transition of global governance by delivering public goods and enhancing the notion of compatible justice in a deglobalized world.

scholarly journals Island climate change adaptation and global public goods within the Belt and Road Initiative

2020 ◽  
Vol 15 (2) ◽  
pp. 173-192
Author(s):  
Chunlin Li ◽  
Jianqing Chen ◽  
Adam Grydehøj
Keyword(s):  
Climate Change ◽  
Public Goods ◽  
Climate Change Adaptation ◽  
Small Island ◽  
Belt And Road Initiative ◽  
Global Public Goods ◽  
Island States ◽  
Belt And Road ◽  
The Individual ◽  
The Belt And Road

The Belt and Road Initiative (BRI), a project conceptualized and developed by the Chinese state, aims to enhance international cooperation, address issues of shared regional and global concern, and create opportunities for foreign direct investment in struggling economies. The BRI can be seen as a system for supplying global public goods, including sustainable development within which issues related to climate change sit. A great many small island states and territories are participating in the BRI, particularly in its constituent 21st-Century Maritime Silk Road. However, the BRI has not yet placed sufficient focus on climate change adaptation or issues specific to small islands. Furthermore, the BRI’s conceptual basis in rhetoric of mutual dependence and a community of common destiny have not always been evident in the individual activities that have been carried out within the BRI. If the BRI’s goals are to be taken seriously, it must do more to focus on the needs and perspectives of island communities, particularly with regard to climate change adaptation. This paper presents a framework for action to strengthen the BRI’s approach to islands and climate change adaptation in terms of information sharing, scientific and technological cooperation, financial support, and capacity building within a global governance framework.

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