China S One Belt One Road Initiative And Private International Law

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. Integration in China’s One Belt One Road Initiative explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.

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.

This book showcases how the People's Republic of China (PRC) has been utilizing the Belt and Road Initiative (BRI) to reshape the global order. Dissecting China's increasingly assertive international behaviour, the book demonstrates how the PRC projects its self-perception onto the international order. The book outlines five aspects of China's international role projection, which the PRC applies selectively, depending on its target audience: (1) The bearer of traditional Chinese culture; (2) The humiliated nation; (3) The socialist state with Chinese characteristics; (4) The developing state and promoter of international development; (5) The authoritarian globalization optimist.Drawing on an in-depth analysis of hundreds of primary BRI documents, the book offers a comprehensive overview of China's most crucial foreign policy agenda item. It demonstrates how, through the BRI, the PRC has introduced mechanisms to the international level, which reflect its domestic policy-making mode. In addition, the PRC has institutionalized the initiative by establishing China-centered BRI networks across a wide range of policy areas. Within those emerging China-centered BRI networks, the PRC systematically increases its international discursive power, for example, by inserting Chinese vocabulary into UN resolutions or by promoting Beijing's approaches vis-à-vis 'the rule of law' across a range of developing states. This book also further discusses the implications of the BRI for the international legal order.

Written with the assistance of a team of lecturers at the Shanghai University of Political Science and Law, this book is the leading reference on Chinese private international law in English. The chapters systematically cover the whole of Chinese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. They also look into conflict of law questions arising in arbitration and assess China's involvement in the harmonisation of private international law globally and regionally within the Belt and Road Initiative. Similarly to the Japanese and Indonesian volumes in the Series, this book presents Chinese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of Chinese private international law.

Evaluates the challenges and changes that the Belt and Road Initiative brings to China in international law and governance.

The first comprehensive study of China's role in international dispute resolution in the context of the 'Belt and Road Initiative'.

Chinese President Xi Jinping launched the Silk Road Economic Belt component of the One Belt One Road (OBOR) initiative at Kazakhstan in 2013. OBOR is a development strategy and framework that focuses on connectivity and cooperation among countries primarily in Eurasia. It consists of two main components, the land-based "Silk Road Economic Belt" (SREB) and ocean-going "Maritime Silk Road" (MSR). This book studies the equilibrium or balance between overland and maritime trade routes of OBOR. This book has two major sections. The interpretive section examines contemporary media narratives related to the OBOR initiative and how contemporary commentators appropriate narratives about historical events related to the maritime Silk Road to interpret current policy agendas and legitimize diplomatic or economic exchanges. In terms of institutional studies, the chapters related to Asian Infrastructure Investment Bank (AIIB) will look at the issues facing the Bank in its quest in forming a new world platform for multilateral development financing. The other section, the empirical case study of the publication highlights the fact that Euro-China High Speed Rail (HSR) and Central Asia-China HSR are not viable at the moment as passenger volume is not sufficient to justify the HSR line. This section examines the overland route of the OBOR and looks at recent Chinese HSR history and conventional sub-high speed rail technology development, and identifies technical & economic criteria determining the appropriate technology for a certain line. The chapter in this section will use the developed criteria to analyze the various rail linkage projects currently under study in the OBOR framework, highlight the economic, bureaucratic and geo-political challenges that these projects likely face and lay down conditions that will determine the outcome of these projects.

This book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War, Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China–EU Comprehensive Strategic Partnership.