International Governance and the Rule of Law in China Under the Belt and Road Initiative
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CambridgeRoad Initiative University Press 978-1-108-42014-3Edited by Yun Zhao — International Governance and the Rule of Law in China under the Belt and Frontmatter More Information INTERNATIONAL GOVERNANCE AND THERULEOFLAWINCHINAUNDER THE BELT AND ROAD INITIATIVE This edited volume examines China’s role in the field of international governance and the rule of law under the Belt and Road Initiative. The authors’ approach is holistic and seeks alternative analytical frameworks that not only take into account legal ideologies and legal ideals but also local demand, and sociopolitical circumstances, to explain and under- stand China’s legal interactions with countries along the Road; this allows more useful insights into predicting and analysing China’s and other emerging Asian countries’ legal future. Authors from Germany, Korea, Singapore, Mainland China, Taiwan and Hong Kong contributed to this edited volume in order to encourage academic dialogue and to conduct intellectual exchange in specific sub-themes. is Professor and Head of Department of Law at The University of Hong Kong; he gained his PhD from Erasmus University Rotterdam; an LLM from Leiden University; and an LLM and LLB from China University of Political Science and Law. Zhao is also Chen An Chair Professor in International Law at Xiamen University (2015), and Siyuan Scholar Chair Professor at Shanghai University of Foreign Trade (2012–14). He is listed as arbitrator in several international arbitration commissions. © in this web service Cambridge University Press www.cambridge.org CambridgeRoad Initiative University Press 978-1-108-42014-3Edited by Yun Zhao — International Governance and the Rule of Law in China under the Belt and Frontmatter More Information © in this web service Cambridge University Press www.cambridge.org CambridgeRoad Initiative University Press 978-1-108-42014-3Edited by Yun Zhao — International Governance and the Rule of Law in China under the Belt and Frontmatter More Information INTERNATIONAL GOVERNANCE AND THE RULE OF LAW IN CHINA UNDER THE BELT AND ROAD INITIATIVE Edited by YUN ZHAO The University of Hong Kong © in this web service Cambridge University Press www.cambridge.org CambridgeRoad Initiative University Press 978-1-108-42014-3Edited by Yun Zhao — International Governance and the Rule of Law in China under the Belt and Frontmatter More Information University Printing House, Cambridge CB2 8BS, United Kingdom One Liberty Plaza, 20th Floor, New York, NY 10006, USA 477 Williamstown Road, Port Melbourne, VIC 3207, Australia 314–321, 3rd Floor, Plot 3, Splendor Forum, Jasola District Centre, New Delhi – 110025, India 79 Anson Road, #06–04/06, Singapore 079906 Cambridge University Press is part of the University of Cambridge. It furthers the University’s mission by disseminating knowledge in the pursuit of education, learning and research at the highest international levels of excellence. www.cambridge.org Information on this title: www.cambridge.org/9781108420143 DOI: 10.1017/9781108332651 © Cambridge University Press 2018 This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published 2018 Printed and bound in Great Britain by Clays Ltd, Elcograf S.p.A. A catalogue record for this publication is available from the British Library. Library of Congress Cataloging-in-Publication Data Names: Zhao, Yun, editor. Title: International governance and the rule of law in China under the Belt and Road Initiative / edited by Yun Zhao. Description: New York : Cambridge University Press, 2018. | Includes bibliographical references and index. Identifiers: LCCN 2018024257 | ISBN 9781108420143 (hardback) Subjects: LCSH: Rule of law–China. | Soft law–China. | Globalization–China. | International economic relations. | Regional economics–China. | Trade routes–Eurasia. | Infrastructure (Economics)–China. | China–Foreign economic relations. | China–Commerce–Eurasia. | Eurasia–Foreign economic relations–China. | BISAC: LAW / International. Classification: LCC KNQ2025 .I58 2018 | DDC 340/.11–dc23 LC record available at https://lccn.loc.gov/2018024257 ISBN 978-1-108-42014-3 Hardback Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party internet websites referred to in this publication and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. © in this web service Cambridge University Press www.cambridge.org CambridgeRoad Initiative University Press 978-1-108-42014-3Edited by Yun Zhao — International Governance and the Rule of Law in China under the Belt and Frontmatter More Information CONTENTS List of Figures vii List of Tables viii List of Contributors ix Introduction 1 Convergence of International Rules 7 1 The Belt and Road Initiative and International Law: An International Public Goods Perspective 9 2 Performative Uses of Sovereignty in the Belt and Road Initiative 32 Ä Development of Substantive International Rules and China’s Contribution 57 3 The Belt and Road Initiative under Existing Trade Agreements: Some Food for Thought on a New Regional Integration Scheme 59 4 Anti-Monopoly Law in China: Administrative and Private Enforcement and the Belt and Road Initiative from an Anti-Monopoly Law Perspective 81 5 The Belt and Road Initiative: Cooperation in Trade Liberalisation and Antitrust Enforcement 104 v © in this web service Cambridge University Press www.cambridge.org CambridgeRoad Initiative University Press 978-1-108-42014-3Edited by Yun Zhao — International Governance and the Rule of Law in China under the Belt and Frontmatter More Information vi 6 The Belt and Road Initiative, Expropriation and Investor Protection under BITs 132 7 ASEAN Financial Integration and the Belt and Road Initiative: Legal Challenges and Opportunities for China in Southeast Asia 163 8 A Prognostic View of the Applicable Law for AIIB Loan Agreements 197 9 The Role of Environmental Impact Assessment in the Governance of the Nu-Salween River: A Comparative Study of the Chinese and Myanmar Approaches 218 10 The Role of Regional Space Cooperation in Procuring Space Security in the Asia-Pacific Region: Prospects for the Future 243 Development of International Dispute Resolution under the Belt and Road Initiative 259 11 Regional Dispute Resolution: An International Civil Dispute Resolution Model for East Asia 261 12 Enforcement of Arbitral Awards in Asia under the Belt and Road Initiative: Implications for International Governance and the Chinese Rule of Law 277 13 Establishment of an International Trade Dispute Settlement Mechanism under the Belt and Road Initiative 295 Index 312 © in this web service Cambridge University Press www.cambridge.org CambridgeRoad Initiative University Press 978-1-108-42014-3Edited by Yun Zhao — International Governance and the Rule of Law in China under the Belt and Frontmatter More Information FIGURES 6.1 Growth in China’s Outbound Investment (1990–2016) 138 11.1 Arbitration Cases Heard by the Japan Commercial Arbitration Association between 2000 and 2010 267 11.2 Singapore International Arbitration Centre Cases from 2001 to 2012 273 vii © in this web service Cambridge University Press www.cambridge.org CambridgeRoad Initiative University Press 978-1-108-42014-3Edited by Yun Zhao — International Governance and the Rule of Law in China under the Belt and Frontmatter More Information TABLES 3.1 Number of BITs/FTAs of Countries Situated on the Ancient Silk Road 65 6.1 China’s BITs and FTAs with BRI Countries 140 6.2 Existing BITs between China and Other BRI Countries 162 7.1 Limitations on Market Access under China-ASEAN FTA for Select Sectors 174 7.2 Commercial Presence of Selected Chinese Banks in Southeast Asia 177 7.3 Specific Commitments Regarding Banking Services for Select ASEAN States 178 7.4 Specific Commitments Regarding the Insurance Sector 185 11.1 International Cases Handled by Arbitral Institutions Globally 268 11.2 Mainland China-Related Cases Accepted by the HKIAC from 2007 to 2012 275 11.3 International Commercial Arbitration Cases in East Asia Settled by the International Chamber of Commerce from 1998 to 2009 276 viii © in this web service Cambridge University Press www.cambridge.org CambridgeRoad Initiative University Press 978-1-108-42014-3Edited by Yun Zhao — International Governance and the Rule of Law in China under the Belt and Frontmatter More Information CONTRIBUTORS1 is Professor and Head of the Department of Inter- national Law at the School of Law, University of International Business and Economics, Beijing. She obtained her PhD from the University of International Business and Economics; and LLM and LLB from the China University of Political Science and Law. She is a member of the Committee on the Role of International Law in Sustainable Natural Resource Management for Development under the International Law Association. Bian is the winner of the An Zijie Award for Research in International Trade, 2006 by the An Zijie Award Committee in China. Her research interests focus on international environmental law and environment-related trade and investment issues. studied at Kobe University in Japan (LLM and PhD) and was Research Fellow there from 2014 to 2015. He currently teaches at the Law School of Lanzhou University. He is a council member of the China Society of International Private Law and