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

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

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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.

Introduction

Part I. China, BRI and International Dispute Resolution:

1. China and the development of an international dispute resolution mechanism for the Belt and Road construction James Crawford

2. One Belt, One Road, one clause for dispute resolution? Michael Hwang SC, Lim Si Cheng and David Holloway

Part II. China, BRI and International Trade Dispute Resolution:

3. Trade and investment adjudication involving 'Silk Road projects': legal methodology challenges E. U. Petersmann

4. Why don't we have a WITO? G20, TPP and WTO Guohua Yang

Part III. China, BRI and Investment Dispute Resolution:

5. ICSID and the evolution of ISDS Meg Kinnear

6. Addressing political risks through treatization in the One Belt One Road region: protecting investment from expropriation Wei Shen

7. Multilateral reform of investor-state dispute resolution mechanism: a balance between public legitimacy management and private efficiency refinement Peng Wang

8. Energy dispute resolution along the Belt and Road: should China accede to the Energy Charter Treaty? Anatole Boute

Part IV. China, BRI and Resolution of Maritime Disputes:

9. The Belt and Road Initiative and the potential for dispute settlement under the UN Convention on the Law of the Sea Natalie Klein

10. Peaceful resolution of maritime disputes and the UN Convention on the Law of the Sea Keyuan Zou

11. Unsaid rules of UNCLOS: essential elements for its proper interpretation? Bingbing Jia

12. China and international dispute settlement: implications of the South China Sea Arbitration Jiangyu Wang

Index