In the last 24 hours we’ve reported…
IBA 2020: Poor countries should take legal advice about Chinese investment
Xinhua Says Xi Jinping To Publish Article Monday “on advancing law-based governance in all fields”
Which has made us think about what Belt & Road legal titles should we have uppermost in our minds?
Here’s a selection that might be worth looking at and best place to buy is always Wildy’s
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.
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.
What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.
Table of contents (13 chapters)
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The Belt and Road Initiative: A Legal Analysis—An Introduction
Pages 1-4
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Is the ‘Belt and Road’ Initiative the Chinese Vision of Global Governance?
Pages 5-20
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Two Conceptions of Global Order
Pages 21-43
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International Settlement of Trade and Investment Disputes Over Chinese ‘Silk Road Projects’ Inside the European Union
Pages 45-68
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The Construction of the Rule of Law of OBOR Through Implementation of TFA
Pages 69-102
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The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People’s Republic of China in October 2013. The OBOR comprises the ‘Silk Road Economic Belt’ and the ‘21st Century Maritime Silk Road’, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws and legal systems. It is not difficult to envisage problems relating to harmonisation of laws and rules in trade between countries along the OBOR routes or otherwise. These problems can potentially cut through the core of the very objective of the OBOR itself.
The Belt and Road (B&R) initiative was announced by China’s President Xi Jinping in 2013 and has been a topic of broad discussion at all levels since then. Despite the fact that its tremendous significance for local, regional and global developments is widely acknowledged the precise scope, aims and even the participating countries of the initiative are not yet clearly defined.
This book discusses related aspects comprehensively from the legal point of view. It paints a fascinating picture of the multi-facetted legal character of the B&R initiative and establishes a framework for future research and a basis for policy initiatives, legislative projects as well as practical legal services on the ground.
The 24 Chapters of the book are authored by leading experts in their respective fields. They address a great variety of B&R topics with a focus on China and its rapidly increasing outward activities
The book provides a comprehensive theoretical analysis as well as up-to-date practical guidance on legal questions arising out of the B&R initiative. It is a must-have not only for China experts, but for everybody involved in globalization and cross-border work be it in academia, politics, media, business or the legal profession.
Topics covered:
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general background of the B&R initiative;
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trade, investment and tax;
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banking and finance within B&R;
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labour standards and migration;
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IP and cyber law;
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energy law;
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B&R effects on China’s legal system;
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the role of Chinese law and practice for other B&R jurisdictions;
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the significance of Chinese law for the B&R initiative.
The Belt and Road Initiative, written by prominent adjudicators, lawyers, scholars, entrepreneurs and consultants with extensive first-hand experience in global construction matters, will assist Chinese contractors in identifying, managing and mitigating the inherent risks involved, including those arising from the political, social, economic and legal contexts of the foreign jurisdiction.
With the development of global economic integration and the implementation of China’s “going global” strategy, more and more Chinese enterprises have begun to expand their businesses to overseas markets. The “Belt and Road” initiative designed to enhance trade flows and spur long-term regional economic growth through infrastructure projects, has expanded China’s overseas construction market.
What’s in this book: Drawing on real-life experiences of project managers, lawyers, arbitrators and others—and including summaries of both successful and unsuccessful cases—this book comprehensively covers the variety of risks facing Chinese contractors of international engineering projects and provides useful advice on how to address them. The issues and topics covered in this book are:-
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understanding the political, social and market environment of the host country;
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cost and scheduling impacts of host country regulation;
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dispute resolution mechanisms;
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site security;
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health and medical environment;
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availability of local goods and materials;
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appointment of local subcontractors;
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public relations and social responsibility; and
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insurance.
Questionnaires and interviews covering a wide variety of Chinese overseas construction projects provide expert perspectives on risk analysis and management, best practices, precautions, issues to be adjudicated in arbitrations and much more.
How this will help you:
Addressing all the practical difficulties and problems encountered before and during an overseas construction project, this book will help in-house counsel for Chinese enterprises and those who interact with them improve management, reduces risks, and protect rights and interests. It will also serve as a general guide for international engineering contractors, given that the risks Chinese enterprises face in their overseas operations are shared by their international counterparts. International lawyers, scholars and researchers specializing in construction law, arbitrators, arbitral institutions and international project owners will find this book useful.
