Date: 2021
Type: Contribution to book
Trade and investment adjudication involving ‘silk road projects’ : legal methodology challenges
Wenhua SHAN, Sheng ZHANG and Jinyuan SU (eds), China and international dispute resolution in the context of the 'belt and road initiative', New York : Cambridge University Press, 2021, pp. 51-77
PETERSMANN, Ernst-Ulrich, Trade and investment adjudication involving ‘silk road projects’ : legal methodology challenges, in Wenhua SHAN, Sheng ZHANG and Jinyuan SU (eds), China and international dispute resolution in the context of the 'belt and road initiative', New York : Cambridge University Press, 2021, pp. 51-77
- https://hdl.handle.net/1814/71161
Retrieved from Cadmus, EUI Research Repository
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.
Cadmus permanent link: https://hdl.handle.net/1814/71161
Full-text via DOI: 10.1017/9781108561976.004
ISBN: 9781108561976
Publisher: Cambridge University Press
Files associated with this item
Files | Size | Format | View |
---|---|---|---|
There are no files associated with this item. |