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China's One Belt One Road Initiative and Private International Law

China's One Belt One Road Initiative and Private International Law

  • Author:
  • Publisher: Routledge
  • ISBN: 9781138563827
  • Published In: May 2018
  • Format: Hardback , 264 pages
  • Jurisdiction: China, International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: S$322.40

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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.

 

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.

FOREWARD PREFACE TABLE OF CONTENTS ACKNOWLEDGEMENT CHAPTER 1 The role of private international law in the context of the One Belt One Road initiative Poomintr Sooksripaisarnkit Sai Ramani Garimella PART 1 - PARTY AUTONOMY CHAPTER 2 Harmonisation of choice of law rules in commercial contracts in the One Belt One Road countries: Will the Hague Principles on Choice of Law in International Commercial Contracts serve as a good model? Poomintr Sooksripaisarnkit PART 2 - SERVICE OF PROCESS CHAPTER 3 On the Construction of Electronic Service Abroad System under the `Belt and Road' Initiative GUO Yujun &FU Pengyuan PART 3 - JURISDICTION CHAPTER 4 Navigating the Singapore's Private International Rules in the Age of Innovative Cross-border Commercial Litigation Framework Man Yip PART 4 - CONFLICT OF LAWS CHAPTER 5 OBOR and the syncretic private international law rules in India: Time for accession to harmonised legal regimes Sai Ramani Garimella CHAPTER 6 European Union legislation: How far does it reach beyond the EU border? Ivana Kunda PART 5 - INTERPRETATION OF FOREIGN LAW AND SUBSTANTIVE HARMONISATION EFFORTS CHAPTER 7 Proof of foreign law under the background of the Belt and Road Initiative Zhengxin Huo CHAPTER 8 One Belt One Road - One law? Bruno Zeller CHAPTER 9 Thai conflict of law rules, China's One Belt, One Road initiative and ASEAN trade facilitation: One common path with many exit routes Kittiwat Chunchaemsai CHAPTER 10 The "One Belt, One Road" Strategy - The Role of Private International Law in Combatting and Strengthening Anti-Corruption Standards Transnationally Thomas John Rishi Gulati PART 6 - JUDGMENTS AND ARBITRAL AWARDS RECOGNITION CHAPTER 11 The Role of Hong Kong in the Dispute Resolutions of One-Belt-One-Road King Fung Tsang CHAPTER 12 The recognition of foreign judgments as a tool of economic integration: Views from Middle Eastern and Arab Gulf countries Beligh Elbalti CHAPTER 13 Recognition and enforcement of foreign arbitration awards, foreign court judgments and contracts of international carriage Banu Bozkurt Bozabali CONCLUSION Tackling private international law issues for the success of the OBOR Poomintr Sooksripaisarnkit Sai Ramani Garimella LIST OF CONTRIBUTORS

Poomintr Sooksripaisarnkit is a Lecturer in Maritime Law with the Australian Maritime College, University of Tasmania, Australia.

Sai Ramani Garimella is a Senior Assistant Professor at the Faculty of Legal Studies, South Asian University, New Delhi, India.

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