Stakes and Prospects of the Right to Free, Prior & Informed Consent in ‘One Belt One Road’ Projects in the Context of Transnational Investment Law and Arbitration
in Julien Chaisse and Jędrzej Górski (Eds.), The Belt and Road Initiative. Law, Economics, and Politics, Leiden/Boston, BRILL, Nijhoff Classics in International Law series, 2018, pp.523-556
35 Pages Posted: 11 Jun 2018 Last revised: 10 Jan 2019
Date Written: May 24, 2018
This chapter provides a preview of the legal issues concerning the principle of free, prior and informed consent (‘FPIC’) in the One Belt, One Road (‘OBOR’) initiative in the context of transnational investment law and arbitration (‘TILA’) and is divided into four substantive sections. Section 1 sets the stage for the articulation and operationalization of the right to FPIC and the related right to consultation by highlighting the importance of local participation. Section 2 surveys different sources of international law to scope the right to FPIC. Section 3 analyzes the corresponding obligations of the States hosting OBOR projects. Section 4 analyzes the corresponding obligations of investors investing in OBOR projects.
Keywords: Free, Prior and Informed Consent (‘FPIC’), Transnational Investment Law and Arbitration, the One Belt-One Road (‘OBOR’) Initiative
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