Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative

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Dispute Settlement for ASEAN Businesses under the Belt and Road Initiative

New Possibilities and Directions

9781803922683 Edward Elgar Publishing
Locknie Hsu, Professor of Law, Yong Pung How School of Law, Singapore Management University, Singapore
Publication Date: 2022 ISBN: 978 1 80392 268 3 Extent: 196 pp
This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.

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This forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.

Locknie Hsu presents research on dispute settlement options and emerging issues for ASEAN businesses relating to projects and transactions undertaken in relation to the Belt and Road Initiative. She translates these options and issues into opportunities in economic treaty negotiations, utilization of national and regional dispute settlement institutions and better handling of emerging issues (such as environment-related claims and technology applications in dispute resolution) and in legal capacity-building in ASEAN. The book explores findings from academic research, empirical information, selected Case Studies (on environmental and other claims in ASEAN and beyond) and salient legal and technological developments, to provide insights and lessons that make this original book a rich and useful legal and research resource.

This book’s recommendations will provide food for thought for policymakers and treaty negotiators who are considering new possibilities and directions to make dispute settlement a better and more fruitful experience in ASEAN. It will also be of interest to practitioners, scholars and students of commercial law, international trade law and dispute resolution, particularly in an Asian context.
Critical Acclaim
‘Based on most up-to-date and empirical research of the Belt and Road Initiative and its implications for business, this ground-breaking book is of enormous use for practitioners and scholars. Written by a leading expert on international economic law, it is packed with many valuable examples, case studies, judicial observations and practitioner insights.’
– Heng Wang, UNSW Sydney, Australia
Contents
Contents: Foreword Preface 1. Introduction: ASEAN businesses and the Belt and Road Initiative – risks and opportunities 2. A taxonomy of BRI disputes 3. Key findings 4. Conclusion and recommendations Index
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