Incorporating Ecological Civilization into Dispute Resolution in the BRI
Speaker: Peter Corne, Managing Partner, Dorsey & Whitney Shanghai Office. Peter has been involved in representing foreign companies associated with renewable energy and cleantech solutions in the China market since 2003. He has developed a robust clean energy and renewable energy practice in China focusing on carbon credit generation and trading, M&A, greenfield projects and collaborations with Chinese parties. He has implemented projects in the solar, electric vehicle, energy storage, biofuel, wind, water treatment, carbon capture and reutilization, cleaner coal, geothermal, soil restoration, and energy efficiency sectors in China. Recently Peter has completed a number of projects in the area of energy management contracting in the industrial and built environments. Peter is currently Shanghai Chair of the Environmental Working Group of the European Union Chamber of Commerce in China and was a supporter and sponsor of the China Greentech Initiative from its launch in 2009 until its conclusion in 2014.
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 ‘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 an 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.
Date: 9 November 2020