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Never Fear to Negotiate: Options for Non-Adversarial Dispute Resolution in the EU-China Comprehensive Agreement on Investment
Migliorini, Sara1; Gupta, Naina2
2024
Source PublicationEuropean Yearbook of International Economic Law
PublisherSpringer Science and Business Media Deutschland GmbH
Pages253-271
Abstract

The current tumultuous time in foreign relations has furthered the need for a reflection on the role of non-adversarial dispute resolution mechanisms in recent treaties, especially those that bind major economic powers such as the EU-China Comprehensive Agreement on Investment (CAI). This chapter analyses Arts. 3, 4 and 5 of Section V of CAI, which puts in place the system of non-adversarial dispute resolution. It finds that they are in line with the consistent efforts of the EU and China to incorporate processes of mediation and conciliation to resolve legal differences. After finding that non-adversarial dispute resolution mechanisms offer traditional advantages, that their weaknesses have been overcome in recent developments and that favourable jurisprudence has also emerged, the chapter concludes there are genuine prospects for the growth of non-adversarial dispute resolution in the China-EU context. This is enhanced by institutional moves encouraging mediations and consultations, other instances of the use of such processes in international disputes, and the traditional Chinese cultural preference for non-adversarial conflict handling.

DOI10.1007/978-3-031-66862-3_13
URLView the original
Language英語English
VolumePart F3818
Scopus ID2-s2.0-85212476213
Fulltext Access
Citation statistics
Document TypeBook chapter
CollectionUniversity of Macau
Affiliation1.University of Macau, Faculty of Law, Macao
2.Arnold & Porter Kaye Scholer LLP, London, United Kingdom
First Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Migliorini, Sara,Gupta, Naina. Never Fear to Negotiate: Options for Non-Adversarial Dispute Resolution in the EU-China Comprehensive Agreement on Investment[M]. European Yearbook of International Economic Law:Springer Science and Business Media Deutschland GmbH, 2024, 253-271.
APA Migliorini, Sara., & Gupta, Naina (2024). Never Fear to Negotiate: Options for Non-Adversarial Dispute Resolution in the EU-China Comprehensive Agreement on Investment. European Yearbook of International Economic Law, Part F3818, 253-271.
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