scholarly journals Understanding the Belt and Road Initiative under Contemporary International Law

2019 ◽  
Vol 5 (2) ◽  
pp. 299-324
Author(s):  
Zewei Yang ◽  
2019 ◽  
Vol 37 (1) ◽  
Author(s):  
Ronald A. Brand

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.


2021 ◽  
Vol 11 (21) ◽  
pp. 113-137
Author(s):  
Slobodan Popović

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.


2020 ◽  
Vol 8 (1) ◽  
pp. 177-196
Author(s):  
Jianfu Chen

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.


2020 ◽  
Vol 93 (1) ◽  
pp. 59-88
Author(s):  
Wendy Leutert ◽  
Zachary Haver

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.


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.


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