Jamieson Kirkwood on Constructing a Theoretical Framework for a Rules-Based Approach in BRI Dispute Resolution (Sing JLS) – Education News

Jamieson Kirkwood on Constructing a Theoretical Framework for a Rules-Based Approach in BRI Dispute Resolution (Sing JLS) – 24 Global News | Education News

” Constructing a Theoretical Framework for a Rules-Based Approach in BRI Dispute Resolution”
Jamieson Kirkwood
Singapore Journal of Legal Studies
Published online: September 2023

Abstract: This article constructs a theoretical framework that sets out the basis for instituting a rules-based approach in BRI dispute resolution. This article is a response to the fact that there have been numerous calls for instituting a rules-based approach in BRI dispute resolution, but there has been little written in terms of laying a theoretical foundation for doing this. In such way, this article fills this gap by analysing what a rules-based approach to dispute resolution means, exploring what the BRI actually is and considering why rules are understood to be necessary in BRI dispute resolution. Although the article principally adds to the ongoing academic discussion regarding the reform of BRI dispute resolution it is also of use to practitioners and policy makers active in this field.

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