Ecological Civilization and Dispute Resolution in the BRI

Abstract

One of the main challenges facing China in executing its Belt and Road Initiative is dealing with the complexities arising from its interactions with disparate cultures, ecosystems, societies and their associated laws and local practices. This article argues that intrinsic to the concept of ecological civilization is its incorporation of a broad set of culturally derived norms and customs that represent an inclusive approach to cultural and ecological diversity. The article advocates the adoption of mediation along the Belt and Road as the primary or 'first line' dispute resolution tool, with a third party neutral acting as a mediator. As a 'facilitative' rather than an 'adjudicative' process, mediation under the guidance of a well-trained mediator can steer the parties to the settlement of a dispute related to the environment and natural resources in a way that is consistent with the principles of ecological civilization while respecting the broader concerns of each participant under their respective 'living laws'. The article maintains that as a 'second line' or alternatively 'parallel line' of dispute resolution, arbitration will continue to be critically important for BRI disputes, so measures that will oblige arbitrators to incorporate ecological principles into their deliberations are also recommended.