scholarly journals A Human Rights Focus to Upgrade China’s International Lending

2019 ◽  
Vol 5 (1) ◽  
pp. 69-97 ◽  
Author(s):  
Juan Pablo Bohoslavsky

Abstract This article offers, using a human rights approach, an in-depth analysis of the functioning of the China’s regulatory framework applicable to external lending through national and international financial institutions as well as concrete proposals to enhance that framework. The article describes and critically assesses the institutional and legal framework of the Chinese international lending and outbound investment, it studies the main trends in the Chinese lending to developing countries in the context of the Chinese “Going Global” strategy, and it presents the human rights impact of external lending and outbound investments in terms of both their positive effects and good practices as well as challenges and concerns. A particular attention is paid to the case of the new pertinent multilateral development banks: New Development Bank and Asian Infrastructure Investment Bank. After presenting the conclusions the article ends proposing for discussion recommendations addressing a wide range of stakeholders.

2012 ◽  
Vol 14 (2) ◽  
pp. 119-149 ◽  
Author(s):  
Júlia Mink

Abstract The principal objective of the article is to examine the EU legal framework and international law parameters of legal harmonisation processes in a specific field of human rights protection: asylum legislation. In particular, it is to provide an in-depth analysis of the compatibility of EU asylum legislation with existing international norms in relation to the principle of non-refoulement and the prohibition of torture and other forms of ill-treatment. It also aims at exploring the correspondence and controversies of relevant legal principles and norms under international law. Similarly, it attempts to provide an analysis of the incomplete and inefficient implementation of these international norms and principles by EU asylum law as well.


Author(s):  
Maria Papageorgiou ◽  
Luis Fernando Correa da Costa ◽  
Mohammad Eslami

In the post-cold war era there has been a remarkable renewal and strengthening of Sino- Russian relations, especially from 2000 onwards. Moscow and Beijing started renewing and enhancing their ties in security, trade, as well as diplomatic issues more vigorously. The close cooperation between the two countries is evident however the partnership hasn’t advanced to an anti-hegemonic opposition block despite the opportunities that arise. Russia and China are two rising powers with a great geopolitical weight in the international system and their partnership constitutes a constant topic of analysis. Sino-Russian co-operation takes place on many levels from energy supplies, joint military exercises, trade agreements, arms sales and the establishment of new multilateral institutions (such as the Sanghai organization, BRICS New Development Bank and the Asian Infrastructure Investment Bank, AIIB) to a broad consensus on issues in international relations. However, the two powers haven’t formed an actual alliance that could fundamentally alter the distribution of power in the international system.


Subject The Asian Infrastructure Investment Bank. Significance Since July 2014, China has overseen the establishment of three development finance institutions: the New Development Bank ('BRICS bank'), the Silk Road Fund and the Asian Infrastructure Investment Bank (AIIB). As well as its geopolitical implications, this reshaping of the international financial architecture also represents a shift in the predominant model of development finance. The AIIB will grant Beijing greater influence over international finance, but it also compels China to develop a more financially sustainable, long-term foreign investment strategy through multilateral, transparent and rules-based mechanisms. Impacts China's domestic 'Go West' strategy and inter-provincial rebalancing will receive a significant boost. Regional bond market integration through the Asian Bond Markets Initiative will experience positive spill-over. The ADB will assume a role of providing technical expertise, and turn towards other priorities. China will simultaneously develop parallel development financing mechanisms to pursue more overtly political goals.


Legal Studies ◽  
2013 ◽  
Vol 33 (3) ◽  
pp. 382-406
Author(s):  
Peter W. Edge

In a wide range of circumstances religious activity and commercial activity may overlap, leading to what may fairly, albeit novelly, be categorised as commercial religion. This overlap is potentially problematic to law, raising as it does the possibility of inappropriate over-regulation of religious activity and religious claims and the possibility of inappropriate under-regulation of commercial activity and claims. One way to solve this problem is to create a binary divide between the commercial and the religious, so that any situation might be categorised as one or the other, and the appropriate legal framework and philosophies applied. This is the preferred route under the European Convention on Human Rights. Such a separation does not, however, address the complexity of regulating commercial religion in practice, as demonstrated by considering the regulation of commercial religion in UK consumer law. There are, however, strategies which may serve to reblend the commercial and religious elements.


2021 ◽  
Author(s):  
David Morris

AbstractHow China will contribute to global governance has become a critical question in international relations, amplified by the linkages between the Covid-19 pandemic, escalating geopolitical contest and multilateralism in crisis. China has been doubling down on its authoritarian model of domestic governance while becoming more internationally assertive, including in existing and new multilateral institutions. Meanwhile, the United States appeared in recent years to be undermining the institutions, norms and rules of the liberal international order that it, itself, built. The subsequent decline in international cooperation poses grave risks to public health, economic and other forms of security. Can China cooperate with other actors to contribute public goods and stabilisation of global governance in such a deteriorating international environment? While there is a wide range of institutions in which to examine China's growing role in international governance, from United Nations bodies such as the World Health Organisation and World Trade Organisation to regional initiatives such as the Regional Comprehensive Economic Partnership, this paper examines the Asian Infrastructure Investment Bank (AIIB), an example of Chinese innovation in multilateralism. Established amidst geopolitical contest, the new institution seeks to address the Asian deficit of financing for sustainable development. The bank challenges a number of prevailing norms, including replacing the disproportionate power of the US and the advanced economies in the multilateral system with a more proportionate role for China and other developing countries; a new focus on infrastructure-led development which is built on Chinese confidence in the East Asian development model; and a shift away from the Bretton Woods practices of using financing conditions to drive liberal democratic and neo-liberal economic reforms. At the same time as representing a challenge to the traditional order, the bank exhibits – at least to date – best practices in implementation and addresses previously unmet concerns of the developing world. While it is not possible to extrapolate from only one initiative to draw comprehensive conclusions about China's likely future role in global governance, the AIIB case nonetheless suggests that, at least in some fields, China will challenge liberal norms to reform rather than revolutionise the international order.


AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 236-240 ◽  
Author(s):  
Oliver Stuenkel

Over the past years, the Chinese government (along with other rising powers) has engaged in unprecedented international institution-building, leading to the establishment of, among others, the Asian Infrastructure Investment Bank (AIIB) and the BRICS-led New Development Bank (NDB). Providing services similar to existing institutions such as the World Bank, these new institutions profoundly alter the landscape of global governance. The existing literature has mostly debated whether such activism shows that China and others are embracing or confronting today's Western-led order. This discussion fails to capture a more complex reality, and the concept of international institutional bypasses (IIB) may help us gain a better understanding of China's complex institutional entrepreneurship. As will be explained, decisions by China and other countries to simultaneously support reform processes in existing institutions and also create new ones suggests that they seek alternative ways to overcome perceived dysfunctions in the dominant institutions by creating IIBs. Considering the initiatives in these terms allows for a more nuanced picture that transcends the simplistic dichotomy of integration versus rupture.


2017 ◽  
Vol 14 (1) ◽  
pp. 120-153
Author(s):  
Dotse A. Tsikata

The concept of the International Public Corporation (‘ipc’), elaborated by Wolfgang Friedmann in 1943 as a distinct sub-category of international organization, has disappeared from international law discourse. This paper argues that the ipc concept remains relevant and useful in classifying and analyzing international organizations for the following reasons. First, the prototype ipcs, the Bank for International Settlements (‘bis’), the International Monetary Fund (‘imf’), and World Bank remain in existence—their longevity and continuing importance reflects the viability and effectiveness of the ipc as a legal form. Second, the ipc model has continued to be propagated—many more ipcs have been established; the New Development Bank (the ‘brics Bank’) and the Asian Infrastructure Investment Bank (‘aiib’) being the most recent. Third, the ipcs raise a distinct set of governance and accountability issues that have been the subject of review and reform efforts, which could benefit from a greater contribution by public international law scholarship.


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