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China's One Belt One Road Initiative and Private International Law





ISBN 9781138563827
Published May 16, 2018 by Routledge
284 Pages

 
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Book Description

The concept of the One Belt One Road initiative (OBOR) was raised by the President of the People’s Republic of China in October 2013. The OBOR comprises the ‘Silk Road Economic Belt’ and the ‘21st Century Maritime Silk Road’, encompassing over 60 countries from Asia to Europe via Southeast Asia, South Asia, Central Asia, West Asia, and the Middle East. The overall objective of the OBOR is to encourage the economic prosperity of the countries along the Belt and Road and regional economic cooperation, encourage mutual learning between different civilizations, and promoting peace and development. However, countries along the Belt and Road routes of the OBOR project have diverse laws and legal systems. It is not difficult to envisage problems relating to harmonisation of laws and rules in trade between countries along the OBOR routes or otherwise. These problems can potentially cut through the core of the very objective of the OBOR itself.





Integration in China’s One Belt One Road Initiative explores possible challenges to the success of the OBOR arising from the situational interface of diversity of laws, with the focus primarily on issues associated with private international law. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, and students interested in private international law issues pertaining to the OBOR routes as well as private international law in general, Asian studies, and the politics of international trade.

Table of Contents

FOREWARD



PREFACE



TABLE OF CONTENTS



ACKNOWLEDGEMENT





CHAPTER 1 The role of private international law in the context
of the One Belt One Road initiative



Poomintr Sooksripaisarnkit



Sai Ramani Garimella





 



PART 1 – PARTY AUTONOMY





CHAPTER 2 Harmonisation of choice of law rules in commercial contracts in the One Belt One Road countries: Will the Hague Principles on Choice of Law in International Commercial Contracts serve as a good model?



Poomintr Sooksripaisarnkit





PART 2 – SERVICE OF PROCESS





CHAPTER 3 On the Construction of Electronic Service Abroad System under the ‘Belt and Road’ Initiative



GUO Yujun &FU Pengyuan





PART 3 – JURISDICTION





CHAPTER 4 Navigating the Singapore’s Private International Rules in the Age of Innovative Cross-border Commercial Litigation Framework



Man Yip





 



 



PART 4 – CONFLICT OF LAWS





CHAPTER 5 OBOR and the syncretic private international law rules in India: Time for accession to harmonised legal regimes



Sai Ramani Garimella



CHAPTER 6 European Union legislation: How far does it reach beyond the EU border?



Ivana Kunda





PART 5 - INTERPRETATION OF FOREIGN LAW AND SUBSTANTIVE HARMONISATION EFFORTS





CHAPTER 7 Proof of foreign law under the background of the Belt and Road Initiative



Zhengxin Huo



CHAPTER 8 One Belt One Road – One law?



Bruno Zeller



CHAPTER 9 Thai conflict of law rules, China’s One Belt, One Road initiative and ASEAN trade facilitation: One common path with many exit routes



Kittiwat Chunchaemsai



CHAPTER 10 The "One Belt, One Road" Strategy - The Role of Private International Law in Combatting and Strengthening Anti-Corruption Standards Transnationally



Thomas John



Rishi Gulati





PART 6 – JUDGMENTS AND ARBITRAL AWARDS RECOGNITION





CHAPTER 11 The Role of Hong Kong in the Dispute Resolutions of One-Belt-One-Road



King Fung Tsang



CHAPTER 12 The recognition of foreign judgments as a tool of economic integration: Views from Middle Eastern and Arab Gulf countries



Béligh Elbalti



CHAPTER 13 Recognition and enforcement of foreign arbitration awards, foreign court judgments and contracts of international carriage



Banu Bozkurt Bozabali





CONCLUSION Tackling private international law issues for the success of the OBOR



Poomintr Sooksripaisarnkit



Sai Ramani Garimella





LIST OF CONTRIBUTORS

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Editor(s)

Biography

Poomintr Sooksripaisarnkit is a Lecturer in Maritime Law with the Australian Maritime College, University of Tasmania, Australia.



Sai Ramani Garimella is a Senior Assistant Professor at the Faculty of Legal Studies, South Asian University, New Delhi, India.

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Author - Poomintr  Sooksripaisarnkit
Editor

Poomintr Sooksripaisarnkit

Lecturer in Maritime Law, Australian Maritime College, University of Tasmania
Launceston , Tasmania , Australia

Learn more about Poomintr Sooksripaisarnkit »