Optimizing the Belt and Road investment protection and dispute settlement mechanisms

2021 ◽  
pp. 34-47
Author(s):  
Li Ruimin
Keyword(s):  
Dispute Settlement ◽  
Investment Protection ◽  
Belt And Road ◽  
The Belt And Road ◽  
Dispute Settlement Mechanisms

Arbitration of Energy Disputes Under the Energy Charter Treaty: Added Value for the Belt and Road Initiative

2019 ◽  
Vol 20 (2-3) ◽  
pp. 285-312 ◽  
Author(s):  
Kaj Hobér
Keyword(s):  
Dispute Settlement ◽  
Added Value ◽  
Belt And Road Initiative ◽  
Investment Protection ◽  
Central Asian ◽  
Energy Charter Treaty ◽  
Silk Road Economic Belt ◽  
Belt And Road ◽  
Definition Of ◽  
The Belt And Road

Abstract One of the objectives underlying the Belt and Road Initiative is to improve energy co-operation in areas such as energy infrastructure and exploration and development of energy resources. Most Central Asian States are situated along the Silk Road Economic Belt. At the same time those States are members of the Energy Charter Treaty. This treaty provides a multilateral framework for co-operation and investment protection in the energy sector. This contribution explores three aspects of the ECT (definition of investment and investor, dispute settlement and ECT jurisprudence, and energy transit) which could facilitate for China to achieve its energy objectives within the Belt and Road Initiative, were China to become a member of the ECT.

scholarly journals Dispute Settlement in the Belt and Road Initiative: Progress, Issues, and Future Research Agenda

2020 ◽  
Vol 8 (1) ◽  
pp. 4-28
Author(s):  
Jiangyu Wang
Keyword(s):  
Research Agenda ◽  
Dispute Settlement ◽  
Future Research ◽  
Belt And Road Initiative ◽  
Special Issue ◽  
Policy Makers ◽  
Critical Part ◽  
Future Research Agenda ◽  
Belt And Road ◽  
The Belt And Road

Abstract Policy-makers in China for the Belt and Road Initiative (BRI) initially did not consider dispute settlement very seriously, but they have realized in recent years that this is an issue that might have to form a critical part of BRI transactions and projects. This introduction gives an overview of the types of disputes emerging out of the BRI deals and critically examines China’s efforts to build institutions and rules for resolving BRI disputes. In this context, it introduces the articles contained in this special issue and presents a future research agenda for moving the study of BRI dispute settlement to the next level.

scholarly journals Dispute Settlement in the Belt and Road Initiative: Lessons from the Singapore Experience

2020 ◽  
Vol 8 (1) ◽  
pp. 30-39
Author(s):  
Justice Steven Chong
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Framework ◽  
Silk Road ◽  
Belt And Road Initiative ◽  
Business Law ◽  
Maritime Silk Road ◽  
Belt And Road ◽  
The Belt And Road

Abstract Historically, Singapore has played an important role in the growth and success of the old maritime Silk Road. Today, Singapore remains an important stop on the Belt and Road, though its advantages now also lie in its position as a trusted, neutral forum for the efficient resolution of disputes as well as a platform for the sharing of ideas for the development of a legal framework for dispute resolution in the Belt and Road Initiative. Three initiatives have been taken by Singapore to strengthen its new position, including the Asian Business Law Institute, the Singapore International Commercial Court, and the Singapore–China Annual Legal and Judicial Roundtable.

A New Multilateralism? A Case Study of the Belt and Road Initiative

2020 ◽  
Vol 8 (2) ◽  
pp. 384-413
Author(s):  
Jingyuan Zhou
Keyword(s):  
International Trade ◽  
Dispute Settlement ◽  
Infrastructure Development ◽  
Belt And Road Initiative ◽  
Dispute Settlement Mechanism ◽  
Belt And Road ◽  
Rule Setting ◽  
Rule Making ◽  
The Belt And Road ◽  
International Rule

Abstract The first five years (the first stage) of the Belt and Road Initiative (BRI) have drawn international attention and provoked scepticism and debate. This article explores questions about the nature of the BRI and its impact on multilateralism, which is increasingly fragile and under attack. After summarizing past practices employed in BRI investments, it analyses the characteristics of the BRI and assesses the results and implications. This article studies in depth one of the two primary BRI economic activities—special economic zones. The article introduces and compares the Asian Infrastructure Investment Bank and Chinese domestic banks in their respective financing practices and compares state-owned enterprises and privately owned enterprises in BRI practices. The article observes three characteristics from past BRI practices and analyzes their respective implications on the transformation of international trade governance. The first characteristic is the unconventional ‘infrastructure development first, institution next’ approach. The second is the plurilateral- and multilateral-focused method in international rule-setting processes. The third characteristic is innovation in the dispute settlement mechanism. Through a cautious examination, the article argues that experiences gained from BRI inform China’s international rule-making efforts and further its domestic trade liberalization reform agenda, which will likely contribute to the convergence of rule-making in international trade.

Sign in / Sign up

Export Citation Format

Share Document