Full Description
This book presents a response to the numerous calls for instituting a rules-based approach in Belt and Road Initiative (BRI) dispute resolution. The theoretical framework developed here builds a case that the BRI is a demonstration of China's growing use of "soft power" and that BRI dispute settlement consequently operates on the basis of a "power-based" approach. The work analyses what a rules-based approach to dispute resolution means, explores what the BRI actually is, and what BRI disputes are. It then considers why rules are understood to be necessary in BRI dispute resolution and, finally, sets out policy proposals. It will be of interest to academics, researchers and policy-makers working in the areas of Chinese Law, Alternative Dispute Resolution, International Investment Law, World Trade Law, and Comparative Law.
Contents
1. The Need for a Rules-Based Approach in BRI Dispute Settlement 2. Constructing a Rules-Based Approach in BRI Dispute Settlement 3. Characterization of BRI Disputes 4. Examining Current BRI Dispute Settlement 5. BRI Primary Agreements, Other Soft Law Mechanisms and National Law in the BRI 6. Contractual Agreements in BRI Projects 7. Trade and Investment Related Disputes in the BRI 8. Comparing BRI Related Dispute Resolution with Other Major Dispute Resolution Mechanisms 9. Policy Proposal for Constructing a Rules-Based Approach in BRI Dispute Settlement 10. Observations and Next Steps for Constructing a Rules-Based Approach in BRI Dispute Settlement
