The 21st Century Maritime Silk Road: Challenges and Opportunities for Asia and Europe

Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
List of Illustrations
	Figures
	Tables
Notes on editors and contributors
	Editors
	Contributors
Acknowledgements
1 Introduction
	Introduction
	Contents and structure
	Conclusion
Part I
	The Maritime Silk Road and the challenges to Asia–Europe cooperation
		2 An EU perspective on the Maritime Silk Road: legal issues
			Introduction
			Trans-European networks: connecting the MSR to the European ‘motorways of the sea’
			Managing the hubs: how to cope with EU harbour legislation
			Financial assistance for waterways and ports: the EU rulebooks on State aid
			The MSR and Brexit
			Conclusion
			Notes
		3 The Northern Sea Route in the context of China’s Maritime Silk Road Initiative
			Introduction
			The OBOR initiative
			The Northern Sea Route
			The link: the Yamal LNG project
			Conclusions
			Notes
		4 The challenge to the Maritime Silk Road and port connectivity
			Introduction
			Maritime Silk Road and port connectivity
			Challenges to Maritime Silk Road and port connectivity
			Conclusions and suggestions
			Notes
Part II
	Sea lanes of communication and navigational safety
		5 Maritime Silk Road Initiative changing geopolitical configuration in the Indo-Pacific
			Introduction
			Potential strategic implications of the Maritime Silk Road Initiative: an overview
			Indo-Pacific strategic configuration and the importance of maritime security
			Changing strategic configuration of the Indo-Pacific through the Maritime Silk Road Initiative
			Conclusion
			Notes
		6 Maritime security and sea lanes of communication: geopolitical perspective on the Belt and Road Initiative
			Introduction
			China’s Belt and Road Initiative
			Sea Lanes of Communication (SLOCs)
			Maritime security
			Acts of piracy
			Counter terrorism: international conventions and protocols
			Rising concerns for maritime transportation
			Maritime cyber-attacks
			A significant regional threat
			Conclusion
			Appendix I
			Appendix II
			Notes
		7 SLOCs security in the South China Sea: enhancing or hindering the Maritime Silk Road?
			Introduction
			The South China Sea dispute and its impact on the SLOCs security in the region
			Differences and frictions between China and the United States related to navigational rights in the South China Sea
			Conclusion
			Notes
		8 The Polar Code’s suitability as legal protection against negative externalities in the Arctic as part of the Polar Silk Road?
			Introduction
			The legal framework and governance of the Arctic
			The Polar Code
			Certification and enforcement
			Public legal obligations or use of the contractual function as protection
			Conclusion
			Notes
Part III
	Environmental security and marine resources cooperation
		9 Climate law implications of the Maritime Silk Road Initiative
			Development action plans
			Relevant normative framework
			The 2015 Paris Agreement and the way forward
			The global, sector-based approach and the role of the International Maritime Organization
			The controversial stance of the European Union and the adoption of regulation (EU) 2015/757
			Recent developments, lessons to be learned and challenges ahead
			Notes
		10 Environmental security in the South China Sea region: cooperation and challenges under the Maritime Silk Road Initiative
			Introduction
			Environmental issues as a complex non-traditional threat to the security of the South China Sea region
			Collaborative mechanisms to combat the adverse environmental impacts in the South China Sea region
			Challenges
			Prospects
			Conclusion
			Notes
		11 Protection and preservation of the marine environment in the South China Sea in the aftermath of the Philippines/China arbitration
			Introduction
			Environmental obligations of States in the SCS and findings of the Tribunal in the Philippines/China arbitration
			Existing mechanisms and initiatives for regional cooperation to protect and preserve the marine environment in the South China Sea
			Developing a legal framework for collaboration for the protection and preservation of the marine environment in the SCS
			Conclusions
			Notes
		12 Conciliation for marine transboundary energy resources: a law and economics approach
			Introduction
			The Maritime Boundaries Treaty between Timor-Leste and Australia
			Conciliation and unitisation agreements under the Convention
			Contractual primitives
			Conclusion
			Notes
		13 Cooperation on fisheries management in the South China Sea
			Introduction
			Fisheries in the South China Sea – prioritising a bilateral approach
			China’s practices in cooperative fisheries management
			Fisheries cooperation in the Mediterranean Sea – prioritisinga regional framework
			Fisheries cooperation in the South China Sea: useful elements
			Conclusion
			Notes
Part IV
	Handling financial and trade issues
		14 Prospects for the integration of environmental, social and cultural sustainability within the Belt and Road Initiative: case study of the Duqm Port Development Project in Oman
			Introduction
			From Western ecological modernisation to Chinese ecological civilisation: the environmental, social and cultural dimensions of sustainability
			The relationship between the BRI and the AIIB
			The Belt and Road Initiative: addressing environmental, social and cultural impacts?
			AIIB: leading the way on integration of environmental, social and cultural sustainability issues in the BRI?
			AIIB Environmental and Social Framework, and AIIB Risk Framework
			AIIB individual project-level grievance mechanism and institutional-level complaints handling mechanism
			Case study of 21st Century Maritime Silk Road-related AIIB-funded projects: the Duqm Port Development Project in Oman
			Conclusions
			Notes
		15 The new Maritime Silk Road and WTO law: Road to harmony or conflict?
			Introduction
			Overall principles of OBOR
			Purposes and principles of the UN Charter and the Five Principles of Peaceful Coexistence
			Cooperating with other countries and international organisations
			Inclusiveness, harmony and dialogue-based approaches
			Abiding market rules and international norms
			Seeking mutual benefits for all parties involved
			Competition on the markets
			WTO law and SOEs
			Unfair trading practices
			Concluding remarks
			Notes
Index