EU, China, and Technical Standards in the Belt and Road Initiative (BRI): Extraterritoriality or Transnational Governance?

Extraterritoriality of EU Economic Law (ed. N. Cunha Rodrigues), Springer, 2021 Forthcoming

Peking University School of Transnational Law Research Paper

Posted: 3 Sep 2020

See all articles by Francis Snyder

Francis Snyder

Peking University School of Transnational Law; CERIC, Aix-Marseille University; College of Europe, Bruges

Multiple version iconThere are 2 versions of this paper

Date Written: June 30, 2020

Abstract

This chapter focuses on technical standards in relations between the European Union (EU) and China in China’s Belt and Road Initiative (BRI, or One Belt, One Road (OBOR)). It is divided into three main parts. The first main part explores the interconnections between social and legal fields, standards, and soft law in the BRI. A second part focuses on institutions, processes, and actors in standard setting in the EU and China. A third part presents the example of railway transport, a key element of the BRI. A brief conclusion summarizes the discussion and identifies subjects for further research.

Potential conflicts between railway standards in the BRI so far have been dealt with normatively by two forms of public governance: MoUs and online platforms. MoUs are a well-known form of international and transnational soft law, while online platforms are a novel form of transnational governance. For railway standards, this points in the direction of using EU and/or international standards that are shaped by the EU, especially France and Germany, and of participating actively in the International Union of Railways (UIC) and the Organization for Co-operation between Railways (OSJD, or Railway Cooperation Organization (RCO), the two international organizations for developing railway standards. China can use foreign and international standards to upgrade its domestic standards. which are likely to be adopted in central Asia, and which eventually China may use as a basis for promoting its own international standards. They are a part of a broader set of EU-China relations that are shaped not only by norms but also by political power and economic strength in the context of continuing EU-China relations, which in the longer term are likely to influence norms such as railway standards.

Keywords: EU-China relations, Belt & Road Initiative, One Belt One Road, technical standards, railway standards, transnational governance, extraterritoriality

JEL Classification: F02, F15, F55

Suggested Citation

Snyder, Francis, EU, China, and Technical Standards in the Belt and Road Initiative (BRI): Extraterritoriality or Transnational Governance? (June 30, 2020). Extraterritoriality of EU Economic Law (ed. N. Cunha Rodrigues), Springer, 2021 Forthcoming, Peking University School of Transnational Law Research Paper, Available at SSRN: https://ssrn.com/abstract=3685665

Francis Snyder (Contact Author)

Peking University School of Transnational Law ( email )

University Town,
Xili, Nanshan District
Shenzhen, Guangdong 518055
China

CERIC, Aix-Marseille University

Faculté de Droit et de SP., 3 av. Robert Schuman
AIX-EN-PROVENCE, 13628
France

College of Europe, Bruges

Dijver 11
B-8000 Brugge, Oost Vlanderen 10000
Belgium

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