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A Legal Analysis of the Belt and Road InitiativeInternational Settlement of Trade and Investment Disputes Over Chinese ‘Silk Road Projects’ Inside the European Union

A Legal Analysis of the Belt and Road Initiative: International Settlement of Trade and... [International trade, competition, investment, social and environmental laws need new rules in order to better take into account the risks of market failures and governance failures (including climate change) in relations between neoliberal economies (e.g. in Africa, the Americas and Asia), state-capitalist economies (e.g. in China and many of its Asian BRI partner countries) and ordo-liberal economies (e.g. in Europe). The more globalisation transforms national into transnational public goods (PGs) (like transnational connectivity among BRI countries, climate stability) which no state can unilaterally protect without international law and cooperation, the more multilevel governance of transnational PGs requires multilevel protection of transnational rule of law; also the legitimacy of economic, financial and investment cooperation in the implementation of BRI projects depends on rules-based legal frameworks, impartial dispute settlement procedures, predictability and compliance of governance with the ‘rule of law’.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Legal Analysis of the Belt and Road InitiativeInternational Settlement of Trade and Investment Disputes Over Chinese ‘Silk Road Projects’ Inside the European Union

Editors: Martinico, Giuseppe; WU, Xueyan
Springer Journals — May 30, 2020

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Publisher
Springer International Publishing
Copyright
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020
ISBN
978-3-030-45999-4
Pages
45 –68
DOI
10.1007/978-3-030-46000-6_4
Publisher site
See Chapter on Publisher Site

Abstract

[International trade, competition, investment, social and environmental laws need new rules in order to better take into account the risks of market failures and governance failures (including climate change) in relations between neoliberal economies (e.g. in Africa, the Americas and Asia), state-capitalist economies (e.g. in China and many of its Asian BRI partner countries) and ordo-liberal economies (e.g. in Europe). The more globalisation transforms national into transnational public goods (PGs) (like transnational connectivity among BRI countries, climate stability) which no state can unilaterally protect without international law and cooperation, the more multilevel governance of transnational PGs requires multilevel protection of transnational rule of law; also the legitimacy of economic, financial and investment cooperation in the implementation of BRI projects depends on rules-based legal frameworks, impartial dispute settlement procedures, predictability and compliance of governance with the ‘rule of law’.]

Published: May 30, 2020

Keywords: International settlement; Trade; Investment; EU; BRI

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