Description

Book Synopsis
This 28-chapter volume brings together academics and practitioners to provide a comprehensive legal, economic and political analysis of the Belt and Road (BRI) initiative that has emerged since 2013 as a key feature of China’s international economic policy. It offers a fundamentally novel approach towards international trade, investment and global governance in an unsettled time of shifting geopolitics when many institutions developed in the West are being called into question. The book covers a broad range of BRI-related international economic law and policy issues, including trade facilitation and connectivity, economics and geopolitics of new trade routes, foreign direct investment law, bilateral investment treaties, free trade agreements, financing of infrastructure, development aid, international dispute resolution, and regional economic integration.

Trade Review
"This book is essential reading for anyone who wants to better understand the Belt and Road Initiative and how it will define law, economics, and politics in the years to come." - Patrick W. Pearsall, Fmr. Chief of Investment Arbitration, United States of America "This is a big book on a very big subject. The editors have assembled informative and cogent essays on four broad aspects of the BRI. They are: the geopolitical dynamics that shape the BRI; the thrust of outward investment from China through the BRI; the facilitation of international trade in the BRI region; and the emerging mechanisms for dispute resolution and commercial mediation. Half of the chapters were published previously and deserve wider spread, and half are written new for this book. [..] Even discounting for inevitable hype about the BRI, this signature global initiative by China will likely be a very consequential feature of the emerging global economic system in the 21st century. If you want to get your mind around this massive project, this is the book you need to have in your hand. Highly recommend." - Glenn Shive Ph.D, Executive Director, Hong Kong America Center

Table of Contents
List of Abbreviations List of Figures and Tables Notes on Contributors 1Introduction  Julien Chaisse and Jędrzej Górski Part 1: The Foundations of the Belt and Road Initiative 2One Belt One Road (“obor”) Roadmaps: The Legal and Policy Frameworks  Donald J. Lewis and Diana Moise 3The Political Economy of obor and the Global Economic Center of Gravity  Usman W. Chohan 4The obor Global Geopolitical Drive: The Chinese Access Security Strategy  Francisco José Leandro 5It is Not the End of History: The Financing Institutions of the Belt and Road Initiative and the Bretton Woods System  Maria Adele Carrai 6Northern Sea Route: An Alternative Transport Corridor within China’s Belt and Road Initiative  Vasilii Erokhin and Gao Tianming 7The Effect of the “Belt and Road Initiative” on along Countries’ Employment  LU Yue, JIA Yingqi and TU Xinquan 8Challenges and possible responses of the Eurasian Economic Union to the Belt and Road Initiative  Alexander Mikhaylenko Part 2: Towards the Expansion of Chinese Outward Investment 9What is One Belt One Road? A Surplus Recycling Mechanism Approach  Usman W. Chohan 10The International Investment Agreement Network under the “Belt and Road” Initiative  Anna Chuwen Dai 11Paving the Silk Road bit by bit: An Analysis of Investment Protection for Chinese Infrastructure \ Projects under the Belt & Road Initiative  LAI Huaxia and Gabriel M. Lentner 12The Role of Chinese State-Owned Investors and obor-Related Investments in Europe: The Implication of the China-EU bit  YIN Wei 13National Security Review of Chinese Foreign Direct Investment (‘fdi’) into the Cooperation Council for the Arab States of the Gulf (‘gcc’): Challenges and Opportunities  Bashar H. Malkawi and Joel Slawotsky 14A Domestic National Controls a Foreign Investor in Investment Arbitration: In Light of China’s Negative Lists  ZHANG Anran Part 3: The International Trade Issues of the bri 15“Unimpeded Trade” in Central Asia – A Trade Facilitation Challenge  Joanne Waters 16One Belt, One Road Initiative into a New Regional Trade Agreement: Implication to the wto Dispute Settlement System  Sungjin Kang 17bri Initiative: A New Model of Development Aid?  Tymoteusz Chajdas 18Turning doors – Piracy, Technology and Maritime security along the Maritime Silk Road  Helen Tung 19Infrastructure Investments: Port, Rail, and International Economic Rules  Karlok Carlos Li and Julien Chaisse 20Development Banks as Environmental Governance Actors: The aiib’s Power to Promote Green Growth  Flavia Marisi 21Stakes and Prospects of the Right to Free, Prior & Informed Consent in ‘One Belt One Road’ Projects in the Context of Transnational Investment Law and Arbitration  Anna Aseeva and YIP Ka Lok 22Central and Eastern Europe, Group 16+1 and One Belt One Road: The Case of 2016 Sino-Polish Comprehensive Strategic Partnership  Jędrzej Górski Part 4: bri Dispute Resolution: Directions for the Future 23Some Considerations on the Civil, Commercial and Investment Dispute Settlement Mechanisms between China and the Other Belt and Road Countries  ZHU Weidong 24International Commercial Mediation, an Opportunity for obor  Giovanni Matteucci 25Energy Dispute Settlement and the One Belt One Road Initiative (‘obor’)  MA Sai 26The Energy Charter Treaty and Central Asia: Setting an International Standard for Energy-Related Disputes  Maria Bun 27Central Asian Investment Arbitration and obor – Learning from the Current Investment Climate  Mariel Dimsey 28China’s Maritime Silk Road and the Future of African Arbitration  Aweis Osman Index

The Belt and Road Initiative: Law, Economics, and Politics

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    A Hardback by Julien Chaisse, Jędrzej Górski

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      Publisher: Brill
      Publication Date: Publication Date: 20/09/2018
      ISBN13: 9789004373785, 978-9004373785
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      Description

      Book Synopsis
      This 28-chapter volume brings together academics and practitioners to provide a comprehensive legal, economic and political analysis of the Belt and Road (BRI) initiative that has emerged since 2013 as a key feature of China’s international economic policy. It offers a fundamentally novel approach towards international trade, investment and global governance in an unsettled time of shifting geopolitics when many institutions developed in the West are being called into question. The book covers a broad range of BRI-related international economic law and policy issues, including trade facilitation and connectivity, economics and geopolitics of new trade routes, foreign direct investment law, bilateral investment treaties, free trade agreements, financing of infrastructure, development aid, international dispute resolution, and regional economic integration.

      Trade Review
      "This book is essential reading for anyone who wants to better understand the Belt and Road Initiative and how it will define law, economics, and politics in the years to come." - Patrick W. Pearsall, Fmr. Chief of Investment Arbitration, United States of America "This is a big book on a very big subject. The editors have assembled informative and cogent essays on four broad aspects of the BRI. They are: the geopolitical dynamics that shape the BRI; the thrust of outward investment from China through the BRI; the facilitation of international trade in the BRI region; and the emerging mechanisms for dispute resolution and commercial mediation. Half of the chapters were published previously and deserve wider spread, and half are written new for this book. [..] Even discounting for inevitable hype about the BRI, this signature global initiative by China will likely be a very consequential feature of the emerging global economic system in the 21st century. If you want to get your mind around this massive project, this is the book you need to have in your hand. Highly recommend." - Glenn Shive Ph.D, Executive Director, Hong Kong America Center

      Table of Contents
      List of Abbreviations List of Figures and Tables Notes on Contributors 1Introduction  Julien Chaisse and Jędrzej Górski Part 1: The Foundations of the Belt and Road Initiative 2One Belt One Road (“obor”) Roadmaps: The Legal and Policy Frameworks  Donald J. Lewis and Diana Moise 3The Political Economy of obor and the Global Economic Center of Gravity  Usman W. Chohan 4The obor Global Geopolitical Drive: The Chinese Access Security Strategy  Francisco José Leandro 5It is Not the End of History: The Financing Institutions of the Belt and Road Initiative and the Bretton Woods System  Maria Adele Carrai 6Northern Sea Route: An Alternative Transport Corridor within China’s Belt and Road Initiative  Vasilii Erokhin and Gao Tianming 7The Effect of the “Belt and Road Initiative” on along Countries’ Employment  LU Yue, JIA Yingqi and TU Xinquan 8Challenges and possible responses of the Eurasian Economic Union to the Belt and Road Initiative  Alexander Mikhaylenko Part 2: Towards the Expansion of Chinese Outward Investment 9What is One Belt One Road? A Surplus Recycling Mechanism Approach  Usman W. Chohan 10The International Investment Agreement Network under the “Belt and Road” Initiative  Anna Chuwen Dai 11Paving the Silk Road bit by bit: An Analysis of Investment Protection for Chinese Infrastructure \ Projects under the Belt & Road Initiative  LAI Huaxia and Gabriel M. Lentner 12The Role of Chinese State-Owned Investors and obor-Related Investments in Europe: The Implication of the China-EU bit  YIN Wei 13National Security Review of Chinese Foreign Direct Investment (‘fdi’) into the Cooperation Council for the Arab States of the Gulf (‘gcc’): Challenges and Opportunities  Bashar H. Malkawi and Joel Slawotsky 14A Domestic National Controls a Foreign Investor in Investment Arbitration: In Light of China’s Negative Lists  ZHANG Anran Part 3: The International Trade Issues of the bri 15“Unimpeded Trade” in Central Asia – A Trade Facilitation Challenge  Joanne Waters 16One Belt, One Road Initiative into a New Regional Trade Agreement: Implication to the wto Dispute Settlement System  Sungjin Kang 17bri Initiative: A New Model of Development Aid?  Tymoteusz Chajdas 18Turning doors – Piracy, Technology and Maritime security along the Maritime Silk Road  Helen Tung 19Infrastructure Investments: Port, Rail, and International Economic Rules  Karlok Carlos Li and Julien Chaisse 20Development Banks as Environmental Governance Actors: The aiib’s Power to Promote Green Growth  Flavia Marisi 21Stakes and Prospects of the Right to Free, Prior & Informed Consent in ‘One Belt One Road’ Projects in the Context of Transnational Investment Law and Arbitration  Anna Aseeva and YIP Ka Lok 22Central and Eastern Europe, Group 16+1 and One Belt One Road: The Case of 2016 Sino-Polish Comprehensive Strategic Partnership  Jędrzej Górski Part 4: bri Dispute Resolution: Directions for the Future 23Some Considerations on the Civil, Commercial and Investment Dispute Settlement Mechanisms between China and the Other Belt and Road Countries  ZHU Weidong 24International Commercial Mediation, an Opportunity for obor  Giovanni Matteucci 25Energy Dispute Settlement and the One Belt One Road Initiative (‘obor’)  MA Sai 26The Energy Charter Treaty and Central Asia: Setting an International Standard for Energy-Related Disputes  Maria Bun 27Central Asian Investment Arbitration and obor – Learning from the Current Investment Climate  Mariel Dimsey 28China’s Maritime Silk Road and the Future of African Arbitration  Aweis Osman Index

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