Stakes and Prospects of the Right to Free, Prior & Informed Consent in ‘One Belt One Road’ Projects in the Context of Transnational Investment Law and Arbitration

Abstract

This chapter provides a preview of the legal issues concerning the principle of free, prior and informed consent (‘FPIC’) in the One Belt, One Road (‘OBOR’) initiative in the context of transnational investment law and arbitration (‘TILA’) and is divided into four substantive sections. Section 1 sets the stage for the articulation and operationalization of the right to FPIC and the related right to consultation by highlighting the importance of local participation. Section 2 surveys different sources of international law to scope the right to FPIC. Section 3 analyzes the corresponding obligations of the States hosting OBOR projects. Section 4 analyzes the corresponding obligations of investors investing in OBOR projects.