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.
Reihe
Sprache
Verlagsort
Verlagsgruppe
Zielgruppe
Für höhere Schule und Studium
Postgraduate
Illustrationen
14 s/w Abbildungen, 14 s/w Zeichnungen, 2 s/w Tabellen
2 Tables, black and white; 14 Line drawings, black and white; 14 Illustrations, black and white
Maße
Höhe: 234 mm
Breite: 156 mm
Gewicht
ISBN-13
978-1-032-74299-1 (9781032742991)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Dr Jamieson M. Kirkwood is currently Business Development Director at Y. Vasiliou & Co LLC and Of Counsel at Subteno Legal Cyprus Ltd. He previously held positions at the University of Hong Kong, the National University of Singapore, the University of Dubai and the University of Liverpool.
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
