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A Legal Analysis of the Belt and Road InitiativeRule of Law Gaps and the Chinese Belt and Road Initiative: Legal Certainty for International Businesses?

A Legal Analysis of the Belt and Road Initiative: Rule of Law Gaps and the Chinese Belt and Road... [This chapter discusses rule of law challenges and opportunities for the BRI from the perspective of businesses. First, the chapter introduces the concept of the rule of law and its relevance for businesses. The rule of law is a contested concept and it is necessary to make some normative choices in defining the functions of the rule of law. In addition, the rule of law on international level has some challenges with specific rule of law gaps. Nevertheless, as the BRI is not clearly institutionalised, it leaves room for the BRI to engage in these rule of law gaps and to attempt to close them. Second, the chapter addresses the rule of law elements of transparency, access to justice and equality in the light of the BRI principles. The chapter discusses areas where the BRI can improve on its rule of law dimension to benefit businesses.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

A Legal Analysis of the Belt and Road InitiativeRule of Law Gaps and the Chinese Belt and Road Initiative: Legal Certainty for International Businesses?

Editors: Martinico, Giuseppe; WU, Xueyan
Andersen, Henrik
Springer Journals — May 30, 2020
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26 pages

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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
103 –129
DOI
10.1007/978-3-030-46000-6_6
Publisher site
See Chapter on Publisher Site

Abstract

[This chapter discusses rule of law challenges and opportunities for the BRI from the perspective of businesses. First, the chapter introduces the concept of the rule of law and its relevance for businesses. The rule of law is a contested concept and it is necessary to make some normative choices in defining the functions of the rule of law. In addition, the rule of law on international level has some challenges with specific rule of law gaps. Nevertheless, as the BRI is not clearly institutionalised, it leaves room for the BRI to engage in these rule of law gaps and to attempt to close them. Second, the chapter addresses the rule of law elements of transparency, access to justice and equality in the light of the BRI principles. The chapter discusses areas where the BRI can improve on its rule of law dimension to benefit businesses.]

Published: May 30, 2020

Keywords: Rule of law; Belt and road initiative; International law; Transaction costs

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