Open Access
Trade and investment adjudication involving 'silk road projects' : legal methodology challenges
Loading...
Files
LAW_2018_02.pdf (767.05 KB)
Full-text in Open Access
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1725-6739
Issue Date
Type of Publication
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
EUI LAW; 2018/02
Cite
PETERSMANN, Ernst-Ulrich, Trade and investment adjudication involving ’silk road projects’ : legal methodology challenges, EUI LAW, 2018/02 - https://hdl.handle.net/1814/51225
Abstract
This contribution discusses legal methodology problems of multilevel trade and investment regulation (section I) and explores related problems of adjudication involving investment projects in the context of China’s 2013 ‘One Belt, One Road’ (OBOR) initiative involving more than 65 countries (section II). 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 China’s OBOR cooperation. 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 OBOR regulations into multilateral trade, investment and UN law.