The Chinese Conception of the Rule of Law and Its Embodiment Under the ‘Belt and Road’ Initiative (BRI)

Abstract

Although China has consolidated the aim of reforming its society towards the rule of law, the Chinese version of the rule of law differs significantly from its counterparts in the Western tradition. Increasing attention is being paid to the peculiarities of the Chinese conception as China strives to expand its influence through launching the ‘Belt and Road’ Initiative (BRI). This article focuses on the question of whether and by what means various BRI projects are impacted by and impact upon the Chinese conception of the rule of law. The uniqueness of the Chinese approach can be examined from three dimensions: the ontological dimension, describing the preference for integration over convergence in the governance models of economies; the epistemological dimension, in which a posteriori justifications prevail over a priori ones; and the methodological dimension, in which the coordination between the public and the private spheres overshadows the confrontation between them. Following this, the paper profiles the practices of BRI investment and assesses whether these practices present consistently with the Chinese conception. Finally, this article examined the strong needs often embedded within BRI projects that call for sustainable cooperation, market-generating governmental intervention, as well as the coordination of various social interests. All these factors are consistent with the peculiarity of the Chinese conception of the rule of law. The paper argues that the BRI is highly consistent with the Chinese conception of the rule of law and may help further enhance it. This conclusion further suggests that the distinctive conception is not solely the result of ideological or political factors but also of the unique demands of certain types of economic undertakings. World Trade Organization, WTO, World Economic Forum, WEF, business community, stakeholder engagement, institutional change, collaboration, reform (OFDI), state-owned enterprises (SOEs), state-directed economies