A Legal Analysis of the Belt and Road Initiative

1. Front Matter

   Pages i-xiii

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2. The Belt and Road Initiative: A Legal Analysis—An Introduction

   • Giuseppe Martinico, Xueyan WU

   Pages 1-4

3. Is the ‘Belt and Road’ Initiative the Chinese Vision of Global Governance?

   • Qingjiang Kong, Ming Du

   Pages 5-20

4. Two Conceptions of Global Order

   • Lorenzo Zucca

   Pages 21-43

5. International Settlement of Trade and Investment Disputes Over Chinese ‘Silk Road Projects’ Inside the European Union

   • Ernst-Ulrich Petersmann

   Pages 45-68

6. The Construction of the Rule of Law of OBOR Through Implementation of TFA

   • Yongmei Chen

   Pages 69-102

7. Rule of Law Gaps and the Chinese Belt and Road Initiative: Legal Certainty for International Businesses?

   • Henrik Andersen

   Pages 103-129

8. Comparative Law Reflections on the Use of Soft Law in the Belt and Road Initiative

   • Giuseppe Martinico

   Pages 131-144

9. The Importance of International Water Law to the Successful Implementation of the Belt and Road Initiative: Evidence from Central Asia

   • Imad Antoine Ibrahim

   Pages 145-169

10. On China’s Strategy in Belt and Road International Intellectual Property Cooperation

    • Xiaoling Tian

    Pages 171-184

11. China’s Political Risk Insurance for Outward FDI Within the Context of Belt and Road Initiative

    • Xueyan WU

    Pages 185-197

12. An Analysis of the Legal Issues of China’s Overseas Investment in the Context of the ‘Belt and Road’ Initiative

    • Wenge Zeng

    Pages 199-219

13. Marching to an International Law Powerhouse Through Cities: An Ideational Reflection on China’s ‘Belt and Road’ Initiative

    • Shisong Jiang

    Pages 221-251

14. Construction of the International Commercial Mediation Mechanism Under BRI: A Comparative Study Perspective

    • Huichun Liu

    Pages 253-279

15. Back Matter

    Pages 281-284

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What does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.

• Belt and Road Initiative
• Public International Law
• Legal Theory
• European Union
• Comparative Law
• Global Governance
• Europe-China Relations
• US-China Relations
• Trade
• Investment
• Rule of Law
• Soft Law
• Energy Independence
• Intellectual Property
• Water Security
• International Water Law
• Foreign Direct Investment
• Regulation
• Silk Road
• International Commercial Conciliation

“The book … provides the relevant scholars a chance to rethink the multifaceted role that the Chinese government has played from a perspective of the international rule of law.” (Jizeng Fan, China and WTO Review, Vol. 2, 2020)

• DIRPOLIS Institute (Institute of Law, Politics and Development), Sant’Anna School of Advanced Studies, Pisa, Pisa, Italy

  Giuseppe Martinico

• School of Law, Chongqing University, Chongqing, China

  Xueyan WU

Giuseppe Martinico is Associate Professor of Comparative Public Law at the Sant’Anna School of Advanced Studies in Pisa, Italy. His research interests cover both comparative and European law, both in which he is extensively published.


Xueyan WU is Associate Professor at the Law School of Chongqing University, China, and an Affiliate Professor at the Dirpolis Institute of Scuola Superiore Sant’Anna in Pisa, Italy. She is the Executive Director of the International Law Research Centre on “Belt and Road” at Chongqing University. Her research area includes international economic law, international environmental law and comparative law.

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