Legal Challenges to the Belt and Road Initiative
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LEGAL CHALLENGES TO
THE BELT AND ROAD INITIATIVE
Guiguo Wang*
Abstract: The Belt and Road (BR) initiative, which the Chinese Government
officially announced in 2013, has generated much excitement not only
within China but also internationally. The BR aims at promoting economic
cooperation among the countries which are covered by it, and naturally the
discussion relating to the BR has focused mainly on the economic aspects.
There has been little discussion of its legal aspects despite the potential impact
that economic cooperation among the BR countries will have on the rights
and obligations of participants. Of special concern is the need to ensure the
availability of timely and effective remedies for breaches of treaty and other
obligations. While it is unrealistic to expect a comprehensive legal instrument
in place at these initial stages, the BR must work towards eventually adopting
a legal framework applicable to all the participating countries. This article
examines features of globalisation in the context of which the BR initiative
was introduced, the challenges that it is likely to face, possible measures to
meet some challenges and more generally the perspectives of the BR.
Keywords: Belt and Road; China; international law; globalisation; WTO;
GATT investment; trade; dispute resolution; rule of law; IMF; TRIPS
I. Introduction: BR Initiative in the Context of Globalisation
The Belt and Road initiative (BR)' focuses on the connectivity and cooperation
among countries in Eurasia and some African countries. The Belt refers to a
transnational economic cooperation initiative among the countries along the
ancient silk road from central China to central Asia and then to Western Europe
with Amsterdam as the finishing point - Silk Road Economic Belt; and the
Road indicates an economic cooperation initiative among countries along a new
maritime silk road from China, South-east Asia, India, Sri Lanka, Yemen, Egypt,
* University Professor, Guanghua Law School, Zhejiang University, Hangzhou, China; Eason-Weinmann
Chair of International and Comparative Law, School of Law, Tulane University, USA. This article was
prepared under the sponsorship of the National Social Sciences Research Funding Program of China
(15AFXO23): Research on Related International Law Issues of the Belt and Road Initiative.
1 The State Council of the People's Republic of China released its official Vision and Actions of the
B&R in March 2015, available at http://englishgov.cn/beltAndRoad/. See also Chandra Muzaffar,
Initiatives for Transforming the Global Economy. China's 'One Belt One Road', available at
http://www.globalresearch.ca/initiatives-for-transforming-the-global-economy-chinas-one-belt-one-
road/5477264.
[(2017) 4:2 JICL 309-330]](ViewImageLocal?handle=hein.journals/jintcl4&div=19&collection=&method=preview&ext=.png&size=3)
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Legal Challenges to the Belt and Road Initiative
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