Publication Type

Journal Article

Version

acceptedVersion

Publication Date

7-2021

Abstract

The Belt and Road Initiative (BRI) has brought with it an unprecedented number of agreements. BRI agreements consist of primary agreements (particularly MOUs) and secondary agreements (like performance agreements). They are a distinct, landmark feature of the BRI. Focusing on primary agreements and their close link with secondary agreements, this paper explores the following questions: What are the legal status and characteristics of primary agreements? Why are they adopted by China? What challenges do they face? BRI primary agreements can be regarded as a form of soft law, but that repurposes soft law characteristics for project development rather than rule development. BRI primary agreements have the following unique characteristics: (i) minimal legalization, (ii) a coordinated, project-based nature, and (iii) a hub-and-spoke network structure. While BRI primary agreements benefit from the advantages of soft law (e.g., reduced contracting costs, flexibility), they face challenges including those concerning underlying interests and their effectiveness.

Keywords

BRI agreements, soft law, Belt and Road Initiative (BRI), legalization, network, challenges

Discipline

Asian Studies | International Trade Law

Research Areas

Public International Law, Regional and Trade Law

Publication

World Trade Review

Volume

20

Issue

3

First Page

282

Last Page

305

ISSN

1474-7456

Identifier

10.1017/S1474745620000452

Publisher

Cambridge University Press

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1017/S1474745620000452

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