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

See all articles by Anna Aseeva

Anna Aseeva

Higher School of Economics

Ka Lok Yip

Graduate Institute of International Studies

Date Written: May 24, 2018

Abstract

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

Suggested Citation

Aseeva, Anna and Yip, Ka Lok, 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 (May 24, 2018). 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. Available at SSRN: https://ssrn.com/abstract=3184247

Anna Aseeva (Contact Author)

Higher School of Economics ( email )

France

Ka Lok Yip

Graduate Institute of International Studies ( email )

Geneva
Switzerland

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