Dispute Resolution Mechanism for the Belt and Road Initiative

Dispute Resolution Mechanism for the Belt and Road Initiative PDF

Author: Guiguo Wang

Publisher: Springer Nature

Published: 2020-01-23

Total Pages: 160

ISBN-13: 9811519757

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This book examines resolution of the disputes between both sides of Belt and Road economic cooperation. To address the problems surrounding legal guarantee and dispute resolution, the International Academy of the Belt and Road has gathered almost 50 experts from over 30 Belt and Road countries and regions to utilize current advances in the dispute resolution mechanism, taking into account the legal systems, legal environment and historical and cultural characteristics of Belt and Road countries and regions. The dispute resolution mechanism presented advocates giving priority to mediation when a dispute arises—arbitration is necessary only when mediation is ineffective. In addition, arbitration should be highly transparent, show respect to both contracting parties, and be equipped with an appeal system. This hands-on book offers detailed explanations of mediation rules, arbitration rules and appeal procedures. On the one hand, this mechanism embodies the integration of the cultures, traditions, legal systems, legal values and legal thoughts of Belt and Road countries and regions. On the other hand, it highlights the importance of mediation, which not only is the idea of oriental culture carrying forward traditional Chinese culture, but also follows the trend of dispute resolution. As a result, the dispute resolution mechanism established in this book is beneficial to the development of the Belt and Road Initiative.

China and International Dispute Resolution in the Context of the 'Belt and Road Initiative'

China and International Dispute Resolution in the Context of the 'Belt and Road Initiative' PDF

Author: Wenhua Shan

Publisher: Cambridge University Press

Published: 2022-09-29

Total Pages: 0

ISBN-13: 9781009306058

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Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.

International Governance and the Rule of Law in China under the Belt and Road Initiative

International Governance and the Rule of Law in China under the Belt and Road Initiative PDF

Author: Yun Zhao

Publisher: Cambridge University Press

Published: 2018-10-18

Total Pages: 345

ISBN-13: 1108349722

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This edited volume aims at examining China's role in the field of international governance and the rule of law under the Belt and Road Initiative from a holistic manner. It seeks alternative analytical frameworks that not only take into account legal ideologies and legal ideals, but also local demand and socio-political circumstances, to explain and understand China's legal interactions with countries along the Road, so that more useful insights can be produced in predicting and analysing China's as well as other emerging Asian countries' legal future. Authors from Germany, Korea, Singapore, Mainland China, Taiwan and Hong Kong have contributed to this edited volume, which produces academic dialogues and conducts intellectual exchanges in specific sub-themes.

China’s Belt and Road Initiative

China’s Belt and Road Initiative PDF

Author: Harinder S. Kohli

Publisher: SAGE Publications Pvt. Limited

Published: 2020-01-14

Total Pages: 0

ISBN-13: 9789353880255

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China’s Belt and Road Initiative (BRI) is a potential gamechanger for the Central Asia and South Caucasus (CASC) region. CASC countries naturally view this massive development program as a unique opportunity to accelerate their economic development through increased foreign investment, upgraded physical infrastructure, and tighter economic relationships with their neighbors. Yet embracing the BRI is not without risks. Some BRI investments may prove to be fiscally unsustainable, economically and financially unviable, and socially and environmentally harmful. Inadequate cross-border coordination and infrastructure maintenance could render some BRI investments wasteful or redundant. If not proactively addressed, these risks have the potential to leave countries worse off for having participated in the BRI. Policymakers in the CASC region and their development partners, thus, face a daunting question: how to realize the promise of the BRI for their countries while avoiding the pitfalls that lie along the way? This book attempts to answer this question by leveraging the unique insights of development experts in the CASC region. Drawing on the most comprehensive review of BRI investment data conducted to date, this book presents a dynamic policy agenda that is relevant to any country in which China is building the Belt and Road.

International Organizations and the Promotion of Effective Dispute Resolution

International Organizations and the Promotion of Effective Dispute Resolution PDF

Author:

Publisher: BRILL

Published: 2019-06-26

Total Pages: 260

ISBN-13: 9004407413

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This second volume of the AIIB Yearbook of International Law examines the role of international organizations in promoting effective dispute resolution. It is divided into five parts to reflect a series of overarching themes and relationships. Firstly, international arbitration’s effectiveness and affinity with multilateral institutions. Second, international organizations as proponents of the norms of dispute resolution. Third, the dispute resolution mandates of international organizations. Fourth, the role of dispute resolution and economic development. Together, this diversity of perspectives offers convincing evidence that effective dispute resolution is a precondition to successful economic development—and that international organizations have an essential role to play in promoting both. The fifth part presents the 2018 AIIB Law Lecture given by Georg Nolte, Chair of the International Law Commission, on the subject of ‘International Organizations in the Recent Work of the International Law Commission’ and the 2018 AIIB Legal Conference Report.

International Commercial Courts

International Commercial Courts PDF

Author: Stavros Brekoulakis

Publisher: Cambridge University Press

Published: 2022-04-21

Total Pages: 591

ISBN-13: 1316519252

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The book presents international commercial courts from a comparative perspective and highlights their role in transnational adjudication.

China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’

China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’ PDF

Author: Wenhua Shan

Publisher: Cambridge University Press

Published: 2021-02-18

Total Pages: 357

ISBN-13: 1108619061

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Written by eminent international judges, scholars and practitioners, this book offers a timely study of China's role in international dispute resolution in the context of the construction of the 'Belt and Road Initiative' (BRI). It provides in-depth analysis of the law and practice in the fields of international trade, commerce, investment and international law of the sea, as they relate to the BRI construction. It is the first comprehensive assessment of China's policy and practice in international dispute resolution, in general and in individual fields, in the context of the BRI construction. This book will be an indispensable reading for scholars and practitioners with interest in China and international dispute resolution. It also constitutes an invaluable reference for anyone interested in the changing international law and order, in which China is playing an increasingly significant role, particularly through the BRI construction.

China's Belt and Road Initiative

China's Belt and Road Initiative PDF

Author: Wenxian Zhang

Publisher: Springer

Published: 2018-05-24

Total Pages: 358

ISBN-13: 3319754351

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Since the introduction of the One Belt, One Road initiative (OBOR), first proposed in late 2013, international scholars have begun to study this new policy and its implications in the global age. While OBOR provides new opportunities for China in terms of regional cooperation and global development, many also raise concerns about China’s intentions of using economic means to achieve strategic and foreign policy objectives. Hailing from the West and the East, the authors reflect on the wide-ranging impacts of OBOR on specific countries, regions, economic policies, and geopolitical considerations. Including both theoretical research and empirical studies that explore opportunities and challenges related to OBOR, this edited volume will allow readers to gain a more comprehensive understanding of this ambitious undertaking and its long-term impact on the rest of the world.

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative

Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative PDF

Author: Locknie Hsu

Publisher: Edward Elgar Publishing

Published: 2022-12-06

Total Pages: 197

ISBN-13: 1803922699

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This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.