Research on Regional Legal Unification Movement under the Background of the“Belt and Road”

Chen Mengtian

(Jiangxi University of Finance and Economics,Nanchang,Jiangxi 330013)

Abstract：The cooperation initiative of building the“Belt and Road”proposed by Chinese President Xi Jinping in September and October 2013 has been well responded by many countries.The Second Belt and Road Forum for International Cooperation held in April,2019 in China has pushed cooperation to a new height.As a model of international cooperation,the“Belt and Road”has brought new opportunities for the economic development of countries along the route,it not only deepens the practical cooperation in the economic field of various countries,benefits the people of countries along the route,and improves Chinese image and influence in the world,but also plays a positive role in promoting the exchanges and integration of legal systems of countries along the route,it is conducive to promoting the development of the legal unification movement among countries along the route,providing a new template for jurists to study the legal system movement,and injecting a powerful impetus to economic globalization and legal globalization.

Keywords：the“Belt and Road”;international cooperation;legal system;unification movement

Since the reform and opening up in 1978,China has made remarkable achievements in economic development.However,at the same time,due to the profound changes in the world landscape,the rise of trade protectionism and the slow recovery of the world economy in general,Chinese development problems are beginning to emerge,including overcapacity and excessive dependence on oil,gas and mineral resources.It is against this background that China,as the world's second largest economy and a responsible big country[1],has proposed the great initiative of jointly building a“Silk Road Economic Belt”and a“21stCentury Maritime Silk Road”in cooperation with other related countries,keep with the trend of the times,deepen the policy of reforming and opening up.With extraordinary wisdom,China has put forward an open and inclusive regional framework for international economic cooperation,which not only gives new impetus to Chinese economic transformation,but also points the way for global economic recovery.

The relationship between economy and law is very close.Law comes into being due to the needs of economy.Economy determines the development and change of law.At the same time,laws also have a great impact on economy,such as confirming economic relations,standardizing economic behaviors,maintaining economic order,serving economic activities[2],etc.,thus providing important guarantees for the development and prosperity of economic activities.As a model of international economic cooperation and development,the“Belt and Road”is bound to cause and drive the mutual exchanges and integration of legal systems among countries,and the legal systems of countries along the route will also have a new development and progress.When we look beyond national boundaries,we must consider and face the development and application of laws between countries,that is,the regionalization of laws or even the globalization of laws[3].

I.The Legal Problems Existing in the Process of Regional Economic Integration Development

There are more than 60 countries along the“Belt and Road”,almost spanning the whole Eurasian continent.Countries along the route have different legal systems due to differences in various aspects,such as civil law system,Anglo-American law system and Islamic law system[4].There are many countries along the“Belt and Road”,most of them belong to the civil law system,but some ASEAN countries along the route have a very complicated legal system due to the influence of historical reasons,which not only has the attributes of the continental law system,but also absorbs the characteristics of the Anglo-American law system,leading to the differences in legal systems between countries and the development of the rule of law varies greatly,which to some extent hinders the formation and construction of the“Belt and Road”regional legal framework.

According to statistics,'One Belt And One Road'countries account for 48%of the global population,but only 18%of the global GDP,this mismatch between the proportion of population and GDP further illustrates the development status of countries along the route.The level of economic development varies from country to country,and most countries belong to developing countries,and the legal system of some countries is not perfect,the law varies from country to country,which means that market players will suffer different legal risks in different countries and regions,including the legal risks of market access,investment legal risk[5]and international financial transactions legal risks,endanger the enthusiasm of the participants of the“Belt and Road”cooperative market.If these risks are not solved in time,they will also restrict the development prospect of the“Belt and Road”to some extent.

II.Reference for Legal Issues of Other Regional Economies

Regional economic cooperation has been accelerating in recent years,such as the European Union(EU)and the North American free trade area(NAFTA),but these regional economic communities have different approaches to legal system and dispute settlement,the European Union and the North American free trade area both show the legalization to the trade rule arrangement,the establishment of these two regional economic communities has produced the profound influence to the legal unification movement.

The development of the European Union and its legal system has been through a slow process.From the initial customs union to the final all-round union,the EU has formed its own unique legal system,namely the EU legal system(hereinafter referred as the EU law).The formation of EU law itself is a successful case of legal coordination.Firstly,the EU law has its unique way to coordinate the member states,so that it can achieve the goal of legal unity,reduce disputes and promote the development of the EU,such as priority and direct application of EU law.Although EU member states may make the same or similar legal provisions on the same matter,in judicial practice,the European court of justice directly uses precedents to establish the principle of preferential application of EU law[6].Although the EU law and the domestic legal system of each member are two independent systems,each member of the EU establishes treaties to stipulate that the EU law is precedent and directly applies to all member states,confirming the rules that the EU law can directly apply to.Secondly,the EU begins to promote the legal systems that have mutual recognition and recognition of each other.Finally,the EU begins to establish the directional principle of cooperation and mutual recognition by member states in the forms of legislation,and gradually modify their own domestic laws according to this principle,so that they can be unified,linked and coordinated,so as to promote the development of the EU economy to a higher level.

The North American free trade area(NAFTA)is the world's first regional economic community composed of developed and developing countries,the NAFTA mainly relies on legal structure and legal technology to solve the legal problems among member states[7].It has corresponding specialized institutions to solve different disputes,but it has not established a unique way of dispute settlement.It mainly relies on consultations and negotiations among countries to settle disputes,so it doesn’t have established supranational institutions.For the NAFTA with limited member countries,it is not cost-effective to establish supranational institutions,which require large amounts of resources,and unable to maintain the manner and intensity of the implementation of supranational institutions,but instead to recognize the effectiveness of each other's legal systems at home,this effective way is very suitable for the regional economic community with a limited number of members.It establishes a flexible legal system among its member states and also set up an effective legalcoordination mechanism through constant adjustment during the implementation.

III.The Enlightenment of the“Belt and Road”to the Legal Unification Movement

The“Belt and Road”bears the mission of China's new economic engine,and is a pioneer in curbing trade unilateralism and reshaping the international economic order.Therefore,it is imperative to attach great importance to the legal issues arising from the“Belt and Road”,formulate relevant plans in advance,and appropriately and draw lessons from the beneficial experience of other regional economic communities in legal practice.In the author's opinion,in order to settle trade dispute,the legal systems of the two regional economic communities,the EU and the North American free trade area(NAFTA),have their own distinct regional characteristics.The construction of the“Belt and Road”proposed by China should explore a regional legal system to escort the“Belt and Road”on the basis of its own region and the development of various countries.

There are numerous countries along the“Belt and Road”,disputes will inevitably arise in mutual trade and investment due to the differences in politics,economy and culture of various countries[8],which needs countries to establish appropriate institutions to resolve disputes and ensure the normal operation of regional economies.On this basis,countries should adjust their domestic laws appropriately so as to seek mutual coordination among all members of the regional economies,and this is bound to carry out corresponding legal transplantation.From a whole point of view,the highest form of legal transplantation comes into being,that is,the regional legal unification movement[9],to realize the interconnection of norms and rules within the regional economic community,enhance Chinese ability to carry out international legal cooperation,and remove obstacles for the development of the“Belt and Road”.

IV.Conclusion

The expansion and deepening of the“Belt and Road”construction need standardization and legalization,to defuse the legal risks between investment and trade,it is more important for countries along the“Belt and Road”to work together.The“Belt and Road”initiative is not only beneficial to the construction and economic development of countries along the belt and road,but also conducive to promoting cultural and institutional exchanges among countries.The resolution of legal issues between countries along the“Belt and Road”will also provide more references and templates for the legal community.We are looking forward that in the near future,the development and deepen of the“Belt and Road”will not only bring economic benefits to all countries,break the unilateral trade system,improve Chinese international status,but also deepen the mutual learning and exchanges between cultures,especially legal systems,and provide a new model for the world's research on legal systems.