The Role of Maritime Law in the Belt and Road Initiative (BRI):

Posted: May 31st, 2023

The Role of Maritime Law in the Belt and Road Initiative (BRI):
Legal Frameworks for Promoting Sustainable Maritime Development
China’s ambitious Belt and Road Initiative (BRI), launched in 2013, is a trillion-dollar infrastructure development and investment project spanning over 70 countries across Asia, Europe, Africa, and beyond. A key component of the BRI is the 21st Century Maritime Silk Road, which aims to boost connectivity and cooperation between China and countries along strategic maritime routes. As the BRI expands China’s economic and geopolitical influence through overseas ports, shipping lanes, and coastal infrastructure projects, maritime law plays a crucial role in providing the legal frameworks necessary to ensure safe, efficient and sustainable development of the Maritime Silk Road. This article examines how international maritime laws and regulations intersect with the BRI, identifying both the opportunities and challenges in promoting sustainable maritime development under this expansive global initiative.
International Maritime Law Frameworks
The United Nations Convention on the Law of the Sea (UNCLOS), which came into force in 1994, provides the overarching legal framework for global ocean governance. UNCLOS establishes a comprehensive regime for maritime zones, navigational rights, marine environmental protection, and dispute resolution that guide BRI projects and investments in the maritime domain. However, as a rapidly evolving initiative spanning diverse jurisdictions, the BRI also interfaces with a complex web of international maritime treaties, regional agreements, and domestic laws that aim to promote safe and sustainable shipping practices, protect marine ecosystems, and uphold navigational freedoms.
Key international maritime conventions relevant to the BRI include:

The International Convention for the Safety of Life at Sea (SOLAS)
The International Convention for the Prevention of Pollution from Ships (MARPOL)
The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW)
The Convention on the International Regulations for Preventing Collisions at Sea (COLREGS)

These conventions establish global standards for ship safety, pollution prevention, crew training, and navigation that BRI projects must adhere to. Regional agreements like the Cooperative Mechanism for the Straits of Malacca and Singapore and the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) further support safe and secure maritime commerce along BRI routes.
Sustainable Maritime Development Under the BRI
A core objective of the BRI is to promote sustainable development through infrastructure connectivity, trade facilitation and policy coordination. In the maritime sector, this entails investing in eco-friendly ports, developing green shipping corridors, and adopting low-carbon technologies to mitigate the environmental impacts of increased maritime traffic. The BRI’s Green Investment Principles, released in 2018, provide a framework for environmentally responsible investments in line with global sustainability goals.
However, the rapid pace and scale of BRI port projects have raised concerns about their ecological footprint on coastal habitats and marine biodiversity. Port construction and expansion can cause coastal erosion, destruction of wetlands, and pollution from dredging and land reclamation. The BRI’s focus on boosting regional maritime trade also risks exacerbating problems like overfishing, illegal fishing, and marine plastic pollution.
To address these challenges, BRI projects must prioritize compliance with international environmental regulations like MARPOL, which sets limits on ship emissions and pollution discharges. China has also pledged to follow the International Maritime Organization’s (IMO) 2020 global sulphur cap and long-term decarbonization strategy to reduce greenhouse gas emissions from shipping. Collaborative mechanisms like the BRI International Green Development Coalition can help strengthen environmental governance and promote best practices for sustainable port development and shipping.
Legal Challenges and Dispute Resolution
As a cross-border initiative operating across diverse legal systems, the BRI faces complex jurisdictional issues and potential disputes arising from maritime projects and investments. These may include contractual disagreements, investment disputes, environmental liabilities, and maritime boundary conflicts. The BRI’s multilateral nature also raises questions about which laws apply and how to ensure fair and consistent legal outcomes.
To mitigate legal risks and promote stability, the BRI has emphasized the need for dispute prevention and resolution mechanisms. These include bilateral and multilateral treaties, commercial arbitration, mediation, and domestic court proceedings. China has established several BRI-specific dispute resolution platforms, such as the China International Commercial Court and the Belt and Road Dispute Settlement Mechanism, to provide specialized forums for resolving BRI-related disputes.
However, concerns remain about the impartiality and enforceability of BRI dispute settlement, particularly when it involves Chinese state-owned enterprises or politically sensitive projects. Strengthening the rule of law, transparency, and adherence to international norms will be critical for fostering investor confidence and sustainable development under the BRI.
Conclusion
As the maritime dimension of the BRI continues to expand, international maritime law will play an increasingly important role in shaping its trajectory and impacts. By providing a framework for safe, efficient, and environmentally responsible maritime development, maritime legal regimes can help ensure that the BRI delivers on its promises of connectivity and prosperity while minimizing ecological harm.
However, realizing this vision will require sustained efforts to strengthen legal compliance, environmental safeguards, and dispute resolution mechanisms across the complex patchwork of jurisdictions and stakeholders involved in the BRI. Effective implementation and enforcement of international maritime conventions, collaborative governance, and adherence to sustainability principles will be key to achieving the BRI’s potential as a catalyst for sustainable maritime development. As the BRI navigates these challenges and opportunities, ongoing legal innovation and cooperation will be essential for charting a course toward a more sustainable and equitable maritime future.
References:

Zhao, L. (2020). The 21st Century Maritime Silk Road: Challenges and Opportunities for Asia and Europe. Routledge.
Wang, J. (2018). Dispute Settlement in the Belt and Road Initiative: Progress, Issues, and Future Research Agenda. The Chinese Journal of Comparative Law, 6(1), 4-28.
Chen, S., & Dai, Z. (2021). Green Port Development in China under the Belt and Road Initiative: Review and Trends. Sustainability, 13(11), 6170.
Xiao, L., Yang, L., & Zhang, Y. (2022). Marine Environmental Protection and the 21st-Century Maritime Silk Road: Legal Challenges and Opportunities. Ocean Development & International Law, 53(2), 102-121.