Stakes and Prospects of the Right to Free, Prior and Informed Consent in ‘One Belt One Road’ Projects in the Context of Transnational Investment Law and Arbitration

Anna Aseeva, Ka Lok Yip

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

2 Citations (Scopus)

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 2 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 3 surveys different sources of international law to scope the right to
fpic. Section 4 analyzes the corresponding obligations of the States hosting
obor projects. Section 5 analyzes the corresponding obligations of investors
participating in obor projects.
Original languageEnglish
Title of host publicationThe Belt and Road Initiative
Subtitle of host publicationLaw, Economics, and Politics
PublisherBrill
Pages524-556
Number of pages33
ISBN (Electronic)9789004373792
ISBN (Print)9789004373785
DOIs
Publication statusPublished - 11 Sept 2018
Externally publishedYes

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