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2022 (1)

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Dissertation
Trading Along the Belt and Road - BRI Dispute Resolution: Reality and Expectations
Authors: --- ---
Year: 2022 Publisher: Leuven KU Leuven. Faculteit Rechtsgeleerdheid en Criminologische Wetenschappen

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Abstract

This dissertation examines the legal aspects of the Belt and Road Initiative (BRI) and aims to establish an overview and understanding of the possible dispute resolution mechanisms for international trade disputes along the BRI, including the subsequent commercial disputes. This dissertation is structured in four parts, beginning with a more general section that provides a general background on the topic. This first section briefly details what the BRI is, considers the possible impact of the Covid-19 pandemic and the Russo-Ukrainian war on the Initiative, and maps out the existing legal framework and the general legal challenges it faces. The second chapter introduces the main research topic. It clarifies why both international trade disputes, and commercial disputes are included in the scope of the study. The third part features the core of this study, namely reviewing and analysing the various possibilities in BRI dispute resolution. It contains a comprehensive overview of available dispute resolution systems that are relevant to BRI trade and commercial disputes, organised by types of dispute resolution method. This is followed by a fictional case-study that will help bring the theory into perspective. After examining the existing models for dispute resolution, the paper will briefly touch upon some of the proposals raised that are expressly aimed at solving BRI disputes but have not yet been implemented. Finally, the conclusion examines whether the existing dispute resolution mechanisms sufficiently address BRI disputes and whether the establishment of a BRI-specific dispute resolution system would be realistic and/or desirable.

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