One Belt One Road. Han Kun Law Offices April 6,2017. Auckland, New Zealand

Similar documents
China and ASEAN: Together for a Shared Future in the New Era H.E. Mr. HUANG Xilian Ambassador of People's Repubulic of China to ASEAN

CHINA FORUM ON THE BELT AND ROAD INITIATIVES

The Aspiration for Asia-Europe Connectivity. Fu Ying. At Singapore-China Business Forum. Singapore, 27 July 2015

One Belt, One Road (OBOR) and The Asian Infrastructural Investment Bank (AIIB)

One Belt and One Road and Free Trade Zones China s New Opening-up Initiatives 1

One Belt, One Road, No Dice

Interaction with a Delegation from the China Institute of International Studies (CIIS), Beijing

The Influence of "The Belt and Road Initiative" on the Economic Development of Northeast Asia

China-Pakistan Economic Corridor (CPEC) should be supported by people to people contacts

China s role in G20 / BRICS and Implications

The One-Belt-and One-Road Initiative from a Global Perspective: Indonesia

Chinese Investments in Czechia

Why we have to understand China role? China is a major trading partner of Thailand. China's role in world political and economic stage. China is fast

Vice President & Dean Ding Yuan:

staying Put for Work

China-Southeast Asia Connectivity: Opportunities and Challenges for the Maritime Silk Road

One Belt One Road Strategy in China and Economic Development in the Concerning Countries

A Short Guide to China s Belt and Road Strategy

The One Belt, One Road Policy. History, Trends and Possibilities

General Assembly 4 (SPECPOL) Gloria Lee and Kai Yuan Mor

Teaching Notes The Third Revolution: Xi Jinping and the New Chinese State

Important Document 4. The Pakistani side described friendship with China as the cornerstone of its foreign policy. Pakistan is committed to one-china

AVİM Commentary No: 2017 / 5 January 2017

Prospects for future economic cooperation between China and Belt & Road countries

One Belt One Road Forum, 帶 路. Belt and Road Initiative. St. John's Preparatory School Danvers, Massachusetts 9 December 2017

There has been much debate about

EU-Uzbekistan Relations: Paving the New Silk Road

China s Proposal for Poverty Reduction and Development

Firmly Promote the China-U.S. Cooperative Partnership

Rebooting Relationship with China

MONGOLIA-CHINA-RUSSIA ECONOMIC CORRIDOR. Otgonsuren Buyankhishig Researcher Institute for Strategic Studies, National Security Council of Mongolia

CHINA IN THE WORLD PODCAST. Host: Paul Haenle Guest: Erik Brattberg. March 13, 2018

Trans-Pacific Trade and Investment Relations Region Is Key Driver of Global Economic Growth

THAILAND 4.0 AND ECONOMIC COOPERATION WITH CHINA

Global Economy and Social Impacts

New York. May 22, The Chinese Delegation supports the remarks delivered by Egypt yesterday on behalf of the Group of 77 and China.

WHILE STANDING THEIR GROUND, THE UNITED STATES AND CHINA SEEK COMMON GROUND AT APEC

China ASEAN Relations: Opportunities and Challenges for Development

BRICS and European Union: a needed alliance

America in the Global Economy

China s Belt and Road Initiative Panel I: Mercantilism with Chinese Characteristics: Creating Markets and Cultivating Influence

Is There a Role for the BRICS in Asian Affairs?

Joint Statement of the 16th ASEAN-China Summit on Commemoration of the 10th Anniversary of the ASEAN-China Strategic Partnership

Anthony Saich The US Administration's Asia Policy

AVİM UZBEKISTAN'S REGIONAL POLICIES UNDER NEW PRESIDENT: A NEW ERA? Özge Nur ÖĞÜTCÜ. Analyst. Analysis No : 2017 /

Chinese Views of Post-2014 Afghanistan

Xinhuanet. Full text of China's Arab Policy Paper

FUTURE DIRECTION OF INDONESIA CHINA COMPREHENSIVE STRATEGIC PARTNERSHIP

Boao Forum for Asia Annual Conference 2018 Session Summary (No. 8)

The EU Global Strategy: from effective multilateralism to global governance that works?

Asia Pacific: trading and thriving

BFA Energy, Resources and Sustainable Development Conference & AEF Silk Road Countries Forum (Session Summary No. 2)

Current Situation and Outlook of Asia and the Pacific

Constructing One Belt and One Road and Enhancing the China-GCC Cooperation

ASEAN: THE AEC IS HERE, FINALLY 2030: NOMINAL GDP USD TRILLION US CHINA EURO AREA ASEAN JAPAN UK $20.8 $34.6 IN IN

Actualising East: India in a Multipolar Asia 1. Dhruva Jaishankar 2

The New Silk Road A stock-taking and possible implications for Russia and Europe

Japan s participation in the Asian Infrastructure Investment Bank (AIIB)

What has changed about the global economic structure

ISAS Insights. Challenges of Identity and Issues. Introduction. No March South Asia and the Rapidly Changing World 1 I

Sino-African Relations at a New Stage of Development

In Gaining Currency, a Look at China s Global Ambitions for It...

Full text of speech by Li Keqiang at Forum for Economic and Trade Cooperation Between China and Portuguese-speaking Countries

The trade conflict between the U.S. and China has evolved beyond the narrow issue of the trade deficit.

China s Evolving Global Economic Governance Role

Opening Ceremony of the Seminar Marking the 10th Anniversary of the Establishment of the Forum on China-Africa Cooperation (FOCAC)

Beijing Unveils New Strategy for ASEAN China Relations The Jamestown Foundation Prashanth Parameswaran

Regional Trends in the Indo- Pacific: Towards Connectivity or Competition?

Global Economy and Social Impacts

EU-CHINA: PRE-SUMMIT BRIEFING EUROPE, CHINA AND A CHANGED GLOBAL ORDER

Arndt-Corden Department of Economics Public Lecture. Australian National University, Canberra, 23 May 2017

China seen from the perspective of Belt and Road Initiative A View from Japan

Global and Regional Economic Cooperation: China s Approach (Zou Mingrong)

Silk Road Economic Belt: Prospects and Policy Recommendations

Eurasia: The Rivalry of Global Integration Projects

Assessing China s Land Reclamation in the South China Sea

PREFACE. The Belt and Road: The view from ASEAN

Walls or Roads. James Petras. History is told by Walls and Roads which have marked significant turning points

Report Public Talk INSTITUTE OF STRATEGIC STUDIES

The Economics of Globalization: A Labor View. Thomas Palley, Assistant Director of Public Policy, AFL-CIO

Investments and growth SEE and NIS

China. Outline. Before the Opium War (1842) From Opium Wars to International Relations: Join the World Community

Iran China Cooperation in the Silk Road Economic Belt: From Strategic Understanding to Operational Understanding

The 21st Century Maritime Silk Road and China-Malaysia Relations

More engagement with ASEAN is Australia's best hedge in Asia

ASEAN Economic Community (AEC) vs The Belt and Road Initiative (OBOR): Challenges or Opportunities?

China s Belt-and-Road Initiative: Future Bonanza or Nightmare?

The Image of China in Australia: A Conversation with Bruce Dover

Remarks by. HE Mohammad Khan Rahmani, First Deputy Chief Executive, The Islamic Republic of Afghanistan. WTO Tenth Ministerial Conference

CHINA IN THE WORLD PODCAST. Host: Paul Haenle Guest: Wang Yizhou

Keynote Speech. at Asia Cooperation Dialogue (ACD) Forum on Belt and Road Cooperation and Asia Business Conference

Please check against delivery

Possibility of China-Japan-South Korea Cooperation in Africa in the Context of South- South and Triangular Cooperation

12th Korea-India Dialogue (2013)

The Belt and Road Initiatives and China-GCC Relations. Xuming QIAN. Shanghai International Studies University, Shanghai, China

On the Chinese market there are currently two types of outbound travelers: the business/technical visits travelers and the tourist travelers.

THE BROOKINGS INSTITUTION FALK AUDITORIUM OPPORTUNITIES AND CHALLENGES FOR DEVELOPMENT LENDING THE ASIA-PACIFIC. Washington, D.C.

NATIONAL OPINION POLL: CANADIAN VIEWS ON ASIA

CHINA ADVISORY SERVICES CAPABILITY STATEMENT

Foreign Policy Making in China. Yan Xuetong Institute of Modern International Relations Tsinghua University

Transcription:

2017.4.6 One Belt One Road Han Kun Law Offices April 6,2017 Auckland, New Zealand

Contents Background Capital Needs China s Outbound Investments Role for Lawyers Where to Begin 2

Background One Belt One Road ( OBOR ) was first promulgated by President Xi Jinping in September and October of 2013 during his visits to Kazakhstan and Indonesia, respectively. It calls for the countries along and beyond the historical Silk Road to work together to achieve common prosperity and political stability. To many ears at first, OBOR sounded too grand and ambitious to be realistic, but it resonates with the region s history and its current political and economic reality. 3

China s economic success and political stability are partly due to massive investment in the country s infrastructures and industries, which have created long-term employment and improved quality of life across the country. By comparison, many other Asian countries, particularly those along the historical Silk Road, have fallen behind in their infrastructures, which is a hindrance to their economic development and political stability. This imbalance will affect China as well. 4

The Chinese always believe that the beauty of a single flower won t last long and that it takes a garden to call it spring. This belief is deeply rooted in China s history and in people s collective memory. OBOR is a modern iteration of this historical belief. Despite its cool reception at the beginning, OBOR has quickly gained traction, politically and economically, among countries both along and beyond the historical Silk Road. 5

This is evidenced by statements made by the various governments in support of OBOR and by the substantial investments already made to finance and construct OBOR since 2013. The enthusiastic support for Asia Infrastructure Investment Bank (AIIB), which has 70 member states to date, is another example of endorsement of OBOR by the international community. Started as a Chinese initiative, OBOR is fast becoming a platform for common prosperity. 6

Recently, the Brexit and the American anti-globalization rhetoric have caused so much anxiety around the world about where the future will be. Paradoxically, however, they have energized the rest of the world to embrace new initiatives for globalization. OBOR has thus gained new support and new popularity worldwide. In May 2017, China will host in Beijing the first ever international conference on OBOR. Many heads of state are expected to attend. It is also expected that the conference will generate new support from conference participants in terms of favorable legislations, additional resources and establishment of domestic institutions for the development of OBOR. 7

Capital Needs The warm reception of OBOR is largely due to the realization that connectivity is paramount for economic success in today s global economy and the magnitude of capital needed to rebuild the historical Silk Road is too large for any single country to fulfill. According to a report published by Asian Development Bank (ADB) in 2009, Asia alone would require US$ 8 trillion to build and upgrade its infrastructures between 2010-2020. The OBOR initiative is only four years old, but the institutional framework, both political and economic, has already been set up for its implementation. It includes institutions both old and new. 8

Politically, it includes The BRICS Organization; The Shanghai Cooperation Organization; The G20. Economically, it includes AIIB; BRICS Bank; Silk Road Fund; China-African Fund; China- Latin American Fund. As protectionist sentiment gathers momentum in many parts of the world, China and other countries endorsing OBOR are increasingly viewed as new champions of globalization. 9

China s Outbound Investments The OBOR initiative coincided with the explosive growth of China s outbound investments. As of 2016, outbound investments by Chinese companies exceeded, for the first time, inbound investments by foreign companies. 10

180 160 140 120 100 80 60 40 20 0 China s Outbound Investment in Recent Years 170.11 145.67 44.10% 123.12 107.84 87.8 22.80% 17.60% 18.30% 14.20% 2012 2013 2014 2015 2016 Amount(US$ billion) Growth rate(%) 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% 0% 11

Although recent capital control by the Chinese government may affect OBOR initiative, the fundamentals beneath the drive remain unchanged: China s manufacturing capacity and large foreign currency reserve need to find new outlet; China continues to depend heavily on foreign natural resources (such as oil and gas, minerals); Chinese companies increasingly look to foreign markets for growth and upgrade; Countries along the historical Silk Road can benefit and compliment OBOR initiative. 12

Role for Lawyers The explosive growth of outbound investments and other economic activities by Chinese companies have also met challenges. For one thing, the speed and rate of growth of the outbound investments outstrip the preparedness and talent reserve of many Chinese companies. 40 years ago, most Chinese had never even met a foreigner in their entire life. Now, millions are doing business outside of China on any given day. 13

But, the fact that they are abroad does not necessarily mean that they understand the language, custom, history, culture and political system of those countries. The experience of the past 10 years confirms that Chinese companies still have a long way to go before they are fully accepted by their host governments and peoples. Another point to bear in mind is that the success of Chinese companies at home does not always translate into success in other countries. 14

For example, the government plays a much more important role in China s economy than in many other countries. As a corollary, Chinese companies are accustomed at home to engage the government for purposes of protecting their rights and advancing their interests. As a general rule, Chinese companies are much less experienced and skillful than their foreign counterpart in dealing with law and the legal institutions which tend to play a much bigger role in many foreign countries. Not surprisingly, at many Chinese companies legal spend is approved on an ad hoc basis rather than being dealt with in the regular budgetary process. 15

Once abroad, many Chinese companies find (uncomfortably) that government assistance is often not available or inadequate. This forces them to rely on law and legal documentation to protect their rights and interests, something they do not always trust or rely on at home. As far as China is concerned, many OBOR participants are based in Beijing. They include EPCs, sponsors and financiers. 16

Where to Begin Many institutions which help implement OBOR, such as AIIB, Silk Road Fund, China- African Fund and China-Latin American Fund are also based in Beijing. Han Kun and its lawyers have been counsel to many of them in various OBOR projects or related activities. Han Kun and most other Chinese law firms do not have geographic coverage to serve these clients all by themselves. Cooperation is the only way and right way to get the job done. 17

Questions. 18

Tank you! Xiaoming LI Direct:+86-10-8525 4680 Mobil:+86-1350 106 2481 Email:xiaoming.li@hankunlaw.com Website: www.hankunlaw.com Zhuowei LI Direct:+86-10-8525 5551 Mobil:+86-1350 111 7046 Email:joyce.li@hankunlaw.com Website: www.hankunlaw.com