Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-78c5997874-m6dg7 Total loading time: 0 Render date: 2024-11-11T03:46:11.337Z Has data issue: false hasContentIssue false

3 - Trade and Investment Adjudication Involving ‘Silk Road Projects’

Legal Methodology Challenges

from Part II - China, BRI and International Trade Dispute Resolution

Published online by Cambridge University Press:  03 March 2021

By
Ernst-Ulrich Petersmann
Edited by
Wenhua Shan ,
Sheng Zhang  and
Jinyuan Su
Wenhua Shan
Affiliation:
Xian Jiaotong University, China
Sheng Zhang
Affiliation:
Xian Jiaotong University, China
Jinyuan Su
Affiliation:
Wuhan University School of Law
Get access

Summary

It discusses legal methodology problems of multilevel trade and investment regulation and explores related problems of adjudication involving investment projects in the context of BRI involving more than sixty-five countries. The very limited number of investor–state arbitration proceedings initiated so far by foreign companies against China – or by Chinese companies against foreign host states – suggests that alternative dispute resolution may become one of the important ‘legal innovations’ of BRI. Yet also involvement of third parties as ‘mediators’ or ‘conciliators’ in dispute settlement proceedings raises questions of ‘justice’ and of legal methodology that are easier to resolve by embedding BRI regulations into multilateral trade, investment and UN law.

Keywords

Legitimacylegal traditionconstitutionalismmega-regional trade agreementsprinciple of justice
Type
Chapter
Information
China and International Dispute Resolution in the Context of the ‘Belt and Road Initiative’ , pp. 51 - 77
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×