The Belt and Road Initiative and the Potential for Dispute Settlement Under the UN Convention on the Law of the Sea

Abstract

This chapter explores the potential use of the dispute settlement regime in the UN Convention on the Law of the Sea (UNCLOS) in relation to certain aspects of the Belt and Road Initiative. The maritime aspects of the BRI predominantly entail developing ports and ensuring unimpeded access along key trade routes identified through maritime regions of Southeast Asia, South Asia, the Middle East, East Africa and the Mediterranean. The Chapter first provides an overview of the UNCLOS dispute settlement procedures and then considers their application in relation to possible disputes relating to three subjects that may arise pursuant to the BRI: ports, navigation and military activities. The Chapter concludes in observing that there is undoubtedly an important role for judges or arbitrators to play in ensuring that the implementation of the BRI remains consistent with the rights and obligations agreed under UNCLOS.