China’s International Commercial Court: Background, Obstacles and the Road Ahead

2020 ◽  
Vol 11 (1) ◽  
pp. 150-174
Author(s):  
Sheng Zhang

Abstract The establishments of international commercial courts reflect the closer alignment of commercial transactions and the development of dispute resolution mechanisms. To mainly facilitate the developments of the ‘Belt and Road Initiative’, China established the China international commercial court (CICC) in 2018. It marked a significant step in the development of China’s judicial system. However, compared with other international commercial courts in the world, the construction of the CICC still has much room for improvement in the areas of jurisdiction, internationalization, and the recognition and enforcement of judgments. The China’s Supreme People’s Court (SPC) needs to consider how to refine the working procedures, enhance the internationalization, and promote the recognition and enforcement of the awards by the CICC. The SPC may need to update the current legal regime for the CICC based on the operation and the experience of trials. In addition to the efforts of the SPC to pave the way for developments, China needs to consider modifying the relevant rules and actively expand its judicial cooperation with other countries.

2021 ◽  
Vol XXIV (Issue 1) ◽  
pp. 364-381
Author(s):  
Robert Ciborowski ◽  
Ewa Oziewicz ◽  
Sylwia Pangsy-Kania

Author(s):  
Saleh Shahriar

The purpose of this chapter is to analyze some peer-reviewed publications to find out the key research journals, contents, and emerging issues of the “B&R” Initiative led by China. Based on the tools and techniques of bibliometric approach, a total of 210 research papers were extracted systematically from the Scopus, Science Direct, and the Web of Science databases. The research methods integrated in this chapters are systematic literature review, bibliometric citation, authorships and affiliations, and contents analyses. This chapter argues that there are growing academic interests and attentions in the B&R research across the world. The principal reasons for the increase in research with regard to the B&R Initiative are the appearance of publications in prestigious journals, the global economic rise of China and its model of development, and the policy priorities of the government of China. The results show that a total of 32 peer-reviewed research papers were published in 10 prestigious journals.


2018 ◽  
Vol 04 (03) ◽  
pp. 327-343 ◽  
Author(s):  
Zhexin Zhang

Since its launch in late 2013, China’s Belt and Road Initiative (BRI) has achieved many tangible results that may have lasting effect on the social and economic development of host countries and on the geopolitical dynamics of the world. Its emergence in international political discourse is changing the basic thinking and logic of traditional geopolitical competition. While Western countries tend to interpret the BRI as part of China’s hidden geopolitical strategy to ultimately rule the world, Chinese and most developing nations see it as China’s international cooperation strategy to enhance global connectivity, communication and cooperation, so as to foster a more balanced and equitable world system. To maintain a favorable international environment for further progress of the BRI, China needs to better explain the details concerning the initiative as well as its role in the country’s grand strategy of peaceful development. Meanwhile, China must keep striving to match its words with its deeds in global arenas, so as to win more trust and support from the international community in jointly implementing the initiative.


Significance The senior leadership seeks to defend its position within China, first and foremost by preserving and strengthening the power of the Party through which it rules. China’s growing wealth and power create new opportunities for the Party to bolster its power -- and give rise to new threats that could undermine it. Impacts China’s ambitions centre on itself; they do not involve remaking the world in China’s image. China’s interests converge with other states' on climate change and economic cooperation; disputes concern how gains and costs are shared. China’s pursuit of its self-interest may sometimes have positive spill-overs, such as when it shares innovations, freely or otherwise. Despite controversies and setbacks, the Belt and Road will provide infrastructure critical for economic development globally. Beijing, long a practitioner of commercial espionage, is becoming bolder in its use of cyber operations to pursue its foreign policy agenda.


2016 ◽  
Vol 8 (3) ◽  
pp. 455-479 ◽  
Author(s):  
Zhaobin Fan ◽  
Ruohan Zhang ◽  
Xiaotong Liu ◽  
Lin Pan

Purpose The purpose of this paper is to estimate the China’s outward FDI efficiency and it determinants in 69 countries along the Belt and Road over the period of 2003-2013. Design/methodology/approach This paper defines the extent of the Belt and Road in terms of geographical boundaries, justifying the application of the stochastic frontier gravity model to the FDI analysis, and then constructing a frontier regression model to assess the China’s outward FDI efficiency and it determinants in countries along the Belt and Road. Findings Regarding the core gravity parameter estimates, China’s outward FDI was highly consistent with the gravity model. As far as policy parameters are concerned, China’s outward FDI was significantly restricted by some man-made barriers in host countries. According to the estimated FDI efficiency scores, China has huge outward FDI potential in countries along the Belt and Road. In general, China’s outward FDI efficiency demonstrated a consistent uptrend from the perspectives of both FDI flows and stocks over the period of 2003-2013. Although China’s outward FDI performance indicated a very uneven pattern across different countries and periods, there were no significant performance differences between the Road and Belt. Practical implications The Belt and Road initiative can be largely beneficial to China’s outward FDI, but the specific framework of cooperation should be designed on the basis of determinants of China’s outward FDI. The regional cooperation with the Road countries should mainly focus on the removal of business barriers and financial barriers. The regional cooperation with the Belt countries should mainly concern the improvement of local intellectual property protection, the reduction of local tax burden, and removal of business barriers and financial barriers. Originality/value To the authors’ best knowledge, no existing literature has specifically examined the efficiency of China’s outward FDI in the countries along the Belt and Road and its determinants.


2021 ◽  
Vol 2 (2) ◽  
pp. 23
Author(s):  
Javiera Francisca Flores Urbina

In 2013, Chinese President Xi Jinping announced the development of a massive project of global connectivity infrastructure, known nowadays as the Belt and Road Initiative (一带一路). Although it was originally presented as a trade project focused on Europe and Asia, through the years the Belt and Road Initiative has been unravelled as a much more complex project. Lately, it has been extended to more territories, one of them being Latin America and the Caribbean region. Chile has already signed cooperation agreements regarding the Initiative, and cooperation in trade and connectivity between Chile and China is already taking place. This article will discuss the changes and continuities that the cooperation between Chile and China, under the scope of the Initiative, provides for the sustainable development challenges Chile faces. The article concludes that the cooperation dimensions between both countries represent elements of both changes and continuities for the model of development of Chile.


Author(s):  
Paula Tomaszewska

Chinese Belt and Road initiative (BRI) is not only an economic or political project, but also has the potential to transform the international system. The initiative‘s impact is large – from stimulating the financing of infrastructure investments in various countries around the world to the development of new global supply chains. The scientific goal of the article is to analyze the consequences of implementing the initiative. The research problem is included in the following question: does the Belt and Road Initiative contribute to increasing Chinese influence in the world and carries the risk of driving poorer countries into the ―debt trap‖? The conclusion from the article is that China should create an improved version of the BRI initiative based on a better risk assessment of the current projects. Infrastructure investments, if not carefully implemented and controlled, may lead to consequences, such as increasing the debt of some countries in the long term.


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