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

Erscheinungsjahr 2022
ISBN: 978-1-009-30605-8
Verlag: Cambridge University Press

Buch, Englisch, 355 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 476 g

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.

Autoren/Hrsg.

Shan, Wenhua

Zhang, Sheng

Su, Jinyuan

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht
• Rechtswissenschaften Allgemeines Verfahrens-, Zivilprozess- und Insolvenzrecht Zivilprozessrecht Streitschlichtung, Mediation
• Sozialwissenschaften Politikwissenschaft Internationale Beziehungen

Inhaltsverzeichnis

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.

Über Autor(innen)

Zhang, Sheng
Sheng Zhang is an Associate Professor at Xi' an Jiaotong University School of Law. He is Deputy Secretary-General of the China International Investment Arbitration Forum and an editor of the Chinese Journal of Comparative Law. He mainly focuses on international investment law and comparative law. He was a visiting scholar at the Lauterpacht Centre for International Law and the Max-Planck Institute for Comparative and International Private Law. He has published articles in the European Journal of International Law, Journal of International Dispute Settlement, Chinese Journal of Comparative Law and Columbia FDI Perspectives.

Shan, Wenhua
Wenhua Shan (PhD, Trinity College, Cambridge) is Yangtze River Chair Professor of International Economic Law and the founding Dean of the School of Law at Xi' an Jiaotong University, PR China. He has taught as Professor of International Law at Oxford Brookes University and UNSW Sydney, and has been a Senior Fellow of the Lauterpacht Centre for International Law at the University of Cambridge. He has published over a dozen books in international and comparative law by leading English and Chinese publishers and numerous articles in journals such as the European Journal of International Law and American Journal of Comparative Law. He is the founding Editor-in-Chief of the Chinese Journal of Comparative Law; General Editor of the China and International Economic Law series and Silk Road Studies in International Economic Law. As Conciliator of the International Center for the Settlement of Investment Disputes (ICSID), Expert Member of the International Commercial Expert Committee of the Supreme People's Court of China, and Arbitrator of the China International Economic and Trade Arbitration Commission (CIETAC) among others, Shan has practiced international and Chinese laws since 1992.

Su, Jinyuan
Jinyuan Su is a Professor of International Law at Wuhan University Institute of International Law. Before that, he was a professor at Xi'an Jiaotong University School of Law. He was an Erin J.C. Arsenault Fellow (2014-2015) at the McGill Institute of Air and Space Law and a Visiting Research Fellow (2009-2010) at the Lauterpacht Centre for International Law, University of Cambridge.Dr. Su's research interests lie in outer space law, the law of the sea, and international aviation law. His articles are published in international peer-reviewed journals such as Chinese Journal of International Law, International & Comparative Law Quarterly, Asian Journal of International Law, Ocean Development and International Law, and The International Journal of Marine and Coastal Law.