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China’s Belt and Road Initiative (BRI) and Public International Law

China’s Belt and Road Initiative (BRI) and Public International Law

Year:    2021

Author:    Rudolf, Moritz

German Yearbook of International Law, Vol. 64 (2021), Iss. 1 : pp. 211–241

Abstract

The Belt and Road Initiative (BRI) is the People’s Republic of China’s (PRC) most important foreign policy agenda item. Even eight years after its launch, the framework of the BRI remains highly volatile and complex. The initiative, as a process, mirrors China’s domestic approach to policymaking. It reflects Beijing’s Sino-Marxist understanding of international law, as a political tool of the Chinese Communist Party (CCP). The BRI relies primarily on pilot projects and legally non-binding MOUs. It fosters the emergence of China-centred networks across a wide range of policy areas. Within those networks, the PRC aims to gain international discourse power, to reinterpret established definitions within the current international legal order, which Beijing perceives to reflect power advantages of Western States after World War II. With the so-called Community of Common Destiny – the PRC’s alternative vision of international order – Beijing aims to overcome perceived biases against the PRC and fellow authoritarian and developing States. In this endeavour, the BRI provides a strategic umbrella and serves as both, a catalyst, and an accelerator.

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Journal Article Details

Publisher Name:    Global Science Press

Language:    English

DOI:    https://doi.org/10.3790/gyil.64.1.211

German Yearbook of International Law, Vol. 64 (2021), Iss. 1 : pp. 211–241

Published online:    2021-01

AMS Subject Headings:    Duncker & Humblot

Copyright:    COPYRIGHT: © Global Science Press

Pages:    31

Keywords:    Belt and Road Initiative (BRI) Community of Common Destiny Xi Jinping International Law Discourse Power Sino-Marxism China

Author Details

Rudolf, Moritz

Section Title Page Action Price
Moritz Rudolf\nChina’s Belt and Road Initiative (BRI) and Public International Law 211
I. The Belt and Road Initiative 211
A. Overview 211
B. BRI Small Leading Group 213
C. Vision and Actions on Jointly Building the Silk Road Economic Belt and 21st-Century Maritime Silk Road (2015) 214
D. First Belt and Road Forum for International Cooperation (2017) 215
E. Amendment of the Chinese Communist Party’s Constitution 216
F. Second Belt and Road Forum for International Cooperation (2019) 216
G. Evaluation 216
II. Framework of the Belt and Road Initiative 217
A. Official Belt and Road Initiative Documents 217
B. Evolving, Flexible Framework 220
C. The Belt and Road Initiative as a Process 222
D. MOUs and the BRI 222
E. China-Centred BRI Networks 225
F. Evaluation 228
III. The BRI and International Law 228
A. Introduction 228
B. Discourse Power 229
C. Community of Common Destiny 232
D. Practical Legal Cooperation Under the Belt and Road Initiative 237
IV. Conclusion 241