归属学者：

殷维

归属院系：

国际法学院

作者：

Yin, Wei¹ ; Zheng, Yawen

摘要：

The Belt-and-Road Initiative (BRI), as an investment-driven model for sustainable development, has the potential to promote regional prosperity. However, various kinds of risks and disputes are inevitable. Existing investment dispute settlement mechanisms (DSMs) are not inherently designed to apply to disputes arising in any region or with the purpose of guaranteeing the success of the BRI. A BRI-focussed DSM might be an optimal choice to strike a balance between the interests of China and those of other parties involved. This article assesses the possibility of having a BRI investment court. The features of the BRI and potential disputes are analysed, followed by a review of existing mechanisms for solving BRI-relevant disputes. Inspired by existing DSMs and proposals for reform, the court can be featured in two forms: a domestic court system or a multilateral institution, through either an institution-based model accommodated in the China International Commercial Court or a treaty-based model affiliated with the Asian Infrastructure Investment Bank via a particular "BRI Investment Court Convention". This article evaluates these options and discusses whether this kind of court can realise its value. To promote the feasibility of the court, it is advisable to frame it as an alternative forum that addresses the concerns of different parties, to foster awareness about it and to ensure that it supports the provision of consents. If relevant concerns can be addressed properly, the proposed court can contribute to the development of substantive investment rules.

语种：

英文

出版日期：

2023

学科：

法学

收录：

SSCI

提交日期：

2023-10-10

引用参考：

Yin, Wei; Zheng, Yawen. IS A BELT-AND-ROAD INVESTMENT COURT FEASIBLE? AN EVALUATION OF POSSIBLE CHOICES[J]. HONG KONG LAW JOURNAL,2023():757-796.