Constructing a Theoretical Framework for a Rules-Based Approach in BRI Dispute Resolution

51 Pages Posted: 10 Jan 2024

See all articles by Jamieson M. Kirkwood

Jamieson M. Kirkwood

National University of Singapore Faculty of Law

Date Written: September 2023

Abstract

This article constructs a theoretical framework that sets out the basis for instituting a rules-based approach in BRI dispute resolution. This article is a response to the fact that there have been numerous calls for instituting a rules-based approach in BRI dispute resolution, but there has been little written in terms of laying a theoretical foundation for doing this. In such way, this article fills this gap by analysing what a rules-based approach to dispute resolution means, exploring what the BRI actually is and considering why rules are understood to be necessary in BRI dispute resolution. Although the article principally adds to the ongoing academic discussion regarding the reform of BRI dispute resolution it is also of use to practitioners and policy makers active in this field.

Suggested Citation

Kirkwood, Jamieson, Constructing a Theoretical Framework for a Rules-Based Approach in BRI Dispute Resolution (September 2023). Singapore Journal of Legal Studies, Sep 2023, pp 369-419, Available at SSRN: https://ssrn.com/abstract=4689771

Jamieson Kirkwood (Contact Author)

National University of Singapore Faculty of Law ( email )

469G Bukit Timah Road
Singapore, 259776
Singapore

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