Characterization (and Registration) of a 'BRI Dispute'

[2023] Asian Journal of International Law 1, DOI: https://doi.org/10.1017/S2044251323000498

Posted: 27 Nov 2023

See all articles by Jamieson M. Kirkwood

Jamieson M. Kirkwood

National University of Singapore Faculty of Law

Date Written: October 27, 2023

Abstract

This article explores the terms “BRI dispute” and “BRI jurisprudence”. It undertakes a practical and theoretical analysis that considers whether “BRI disputes” have distinct and visible characteristics and are capable of being identified in a legal sense. This is important since practitioners – arbitration centres and law firms – use the term broadly and without specific criteria. By exploring the customary usage and the approach of legal scholars to the term, presenting examples of “BRI disputes” and examining their unique features, and constructing a theoretical approach (utilizing the concepts of ratione materiae, ratione loci, ratione temporis, and ratione personae; and considering the jurisprudence of the ICSID), this article moves from a broad to a narrow analysis to develop both a definition and a system of registration of “BRI disputes” for use by academics, practitioners, and policymakers.

Keywords: BRI, Belt and Road, Dispute Settlement, ICSID, China

Suggested Citation

Kirkwood, Jamieson, Characterization (and Registration) of a 'BRI Dispute' (October 27, 2023). [2023] Asian Journal of International Law 1, DOI: https://doi.org/10.1017/S2044251323000498, Available at SSRN: https://ssrn.com/abstract=4615051

Jamieson Kirkwood (Contact Author)

National University of Singapore Faculty of Law ( email )

469G Bukit Timah Road
Singapore, 259776
Singapore

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