|
|
|
| The Mode Selection of the Dispute Settlement Mechanism for the Belt and Road Initiative |
| WU Hao-wen |
| Guanghua Law School, Zhejiang University, Hangzhou, Zhejiang, 310000 |
|
|
|
|
Abstract Since the Belt and Road Initiative is an enormous economic cooperation that involves many aspects and participants, disputes are inevitable. To ensure the effective implementation, dispute settlement plays a vital role. The existing dispute resolution mechanisms are greatly influenced by western countries and the common law tradition, thus may fail to fit the situations and needs of countries along the Belt and Road. Hence, establishment of one dispute settlement mechanism that could serve countries alongside well is undoubtedly significant. There are mainly three types in terms of the mode of dispute settlement mechanism, namely political mode, judicial mode and combined mode, which has its own merits and defects respectively. Considering the situations and needs of countries along the Belt and Road, combined mode may be more suitable for the establishment of the dispute resolution mechanism for the Belt and Road Initiative. Such establishment may learn from existing dispute settlement mechanism, yet mechanism for the Belt and Road Initiative should not only reflect the conditions of countries alongside, but also try to make improvements to avoid the shortages already in existing dispute settlement mechanism.
|
|
Received: 25 March 2017
|
|
|
|
|
|
[1] 麻慧.中国-东盟自由贸易区争端解决机制之探讨——以比较研究为视角[J].东南亚研究,2005,（5）.
[2] 王贵国.“一带一路”战略争端解决机制[J].中国法律评论,2016,（2）.
[3] 王贵国,李鋈麟,梁美芬（主编）.“一带一路”争端解决机制[M].杭州：浙江大学出版社,2017.
[4] 关于中国-澳大利亚自由贸易协定的详细规定[EB/OL].http://fta.mofcom.gov.cn/Australia/annex/xdzw_cn.pdf.2016-10-25. |
|
|
|
2017, Vol. 34 
