Most of the main BRI documents are broadly worded with principles such as
pronouncements which allow for legal flexibility. This statement can be easily
supported by perusing the Vision and Actions document of the BRI. An important
point that requires emphasis is the importance of market operation and mutual
benefit. It states that the BRI will “abide by market rules and international norms,
give play to the decisive role of the market in resource allocation and the primary
role of enterprises, and let the governments perform their due functions”. The nature
of the phrase “give play to the decisive role of the market in resource allocation and
the primary role of enterprises” is that of a general catch-all which leaves many
questions unanswered regarding the practical aspects of application of the principle.
Corne has commented on the principle-like nature of legal pronouncements of the
National People’s Congress and the State Council and argues that they exemplify
and typify the characteristic of legal drafting in Chinese law. Such drafting is
illustrative of legal flexibility that has allowed the legal system to remain viable
despite the fast-changing circumstances or local normative structures or conditions.
29 This discussion is especially relevant in the context of the BRI, which as
highlighted above, continues to evolve on a daily basis.
The discussion on flexibility gets more interesting if one directs attention to
PFTZs. Flexibility has been utilized as a tool to further business opportunities within
the PFTZs. One may view PFTZs as an exciting experiment for China to not just
remain a global manufacturer of goods but become a global provider of services.
One of the drafters preparing the legislation for the Chongqing PFTZ explained that
China wants to further open up its economy, but would like to do so without
exposing itself to unpredictability.
30 Through the PFTZs, the opening up takes
place in controlled small areas allowing time for both businesses and policymakers
to consider the impact of opening up and also adapt to global standards. The PFTZs
are different from the older models such as supervisory zones and bonded areas and
the flexibility offers them the opportunity to be testing ground for new business and
the supporting legislation and administrative processes.
political, cultural and other conditions. This kind of change is embodied in the legislative process,
where, in order to adapt to the objective needs of development, the process of enactment, revision
and abrogation of laws and regulations is continuously undertaken”.
29 Corne (1995), p. 247.
30 This is gleaned from discussions with Professor Yongmei Chen of SWUPL. For more understanding on the matter see Xi Jinping, Accelerating the implementation of a free trade zone strategy,
accelerating the construction of a new model based on openness, Xinhua News Agency, 6 December
2014, http://www.xinhuanet.com/english/2018-11/05/c_137583815.htm, accessed 17 April 2019.
46
A. Basu Bal and T. Rajput
pronouncements which allow for legal flexibility. This statement can be easily
supported by perusing the Vision and Actions document of the BRI. An important
point that requires emphasis is the importance of market operation and mutual
benefit. It states that the BRI will “abide by market rules and international norms,
give play to the decisive role of the market in resource allocation and the primary
role of enterprises, and let the governments perform their due functions”. The nature
of the phrase “give play to the decisive role of the market in resource allocation and
the primary role of enterprises” is that of a general catch-all which leaves many
questions unanswered regarding the practical aspects of application of the principle.
Corne has commented on the principle-like nature of legal pronouncements of the
National People’s Congress and the State Council and argues that they exemplify
and typify the characteristic of legal drafting in Chinese law. Such drafting is
illustrative of legal flexibility that has allowed the legal system to remain viable
despite the fast-changing circumstances or local normative structures or conditions.
29 This discussion is especially relevant in the context of the BRI, which as
highlighted above, continues to evolve on a daily basis.
The discussion on flexibility gets more interesting if one directs attention to
PFTZs. Flexibility has been utilized as a tool to further business opportunities within
the PFTZs. One may view PFTZs as an exciting experiment for China to not just
remain a global manufacturer of goods but become a global provider of services.
One of the drafters preparing the legislation for the Chongqing PFTZ explained that
China wants to further open up its economy, but would like to do so without
exposing itself to unpredictability.
30 Through the PFTZs, the opening up takes
place in controlled small areas allowing time for both businesses and policymakers
to consider the impact of opening up and also adapt to global standards. The PFTZs
are different from the older models such as supervisory zones and bonded areas and
the flexibility offers them the opportunity to be testing ground for new business and
the supporting legislation and administrative processes.
political, cultural and other conditions. This kind of change is embodied in the legislative process,
where, in order to adapt to the objective needs of development, the process of enactment, revision
and abrogation of laws and regulations is continuously undertaken”.
29 Corne (1995), p. 247.
30 This is gleaned from discussions with Professor Yongmei Chen of SWUPL. For more understanding on the matter see Xi Jinping, Accelerating the implementation of a free trade zone strategy,
accelerating the construction of a new model based on openness, Xinhua News Agency, 6 December
2014, http://www.xinhuanet.com/english/2018-11/05/c_137583815.htm, accessed 17 April 2019.
46
A. Basu Bal and T. Rajput