Establishment of a Belt and Road Dispute Settlement Mechanism

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 5권 / 1호
ㆍ저자명 : Weidong Zhu

목차

1. Introduction
II. The Necessity for the Establishment of A BR Dispute Settlement Mechanism
III. Two Starting Points for Establishing a BR Dispute Settlement Mechanism
A. The Features of the BRI
B. Status quo of the Dispute Settlement Legal Framework amongthe BR Countries
IV. Ways to Establish a BR DisputeSettlement Mechanism
A. The Improvement of China’s Foreign-related Civil, Commercial andInvestment Dispute Settlement Mechanism
B. Facilitation of a Bilateral Dispute Settlement Mechanism betweenChina and Other BR Countries
C. Proposal to Build a Multilateral Dispute Settlement Mechanismamong the BR countries
V. Conclusion
References

영어 초록

Considering the large number of civil, commercial and investment disputes that arise between Chinese investors and their counterparts along the Belt and Road, it is necessary to establish a dispute settlement mechanism. The open, cooperative and non-institutionalized features of the Belt and Road Initiative require the reform and improvement of China’s domestic dispute settlement mechanism for foreign civil, commercial and investment disputes; and bilateral and multilateral dispute settlement mechanisms between or among China and the Belt and Road countries should be strengthened. When appropriate, China may propose the establishment of a multilateral dispute settlement mechanism that is especially designed for the Initiative. The status quo of dispute settlement mechanisms between China and the Belt and Road countries necessitates the establishment of a preset mechanism that uses arbitration as the primary approach, litigation as the secondary approach, and mediation as an alternative.

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