Cover of China-Africa Dispute Settlement

China-Africa Dispute Settlement

The Law, Economics and Culture of Arbitration

By: Won Kidane

ISBN: 9789041136749

This book has three fundamental objectives: (1) charting the existing mechanisms of dispute resolution in all aspects of China-Africa economic relations; (2) evaluating the existing mechanisms of dispute resolution in light of the parties' economic and cultural profiles and their evolving legal traditions; and (3) proposing a comprehensive institutional model of dispute resolution that accounts for China and Africa's evolving economic needs and legal cultures.

Format: BOOK
Publisher: Unknown
Pages: 591
Published: 2012
Language: en

AI Overview

The book "China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration" by Won Kidane is a comprehensive analysis of the mechanisms and challenges in resolving disputes in China-Africa economic relations. Here is a detailed overview of the book:

Key Themes

  1. Economic Relations: The book examines the unprecedented growth in China-Africa trade, from $10 million in the 1980s to over $100 billion by 2009, and the implications of this growth on dispute resolution systems.
  2. Dispute Resolution Mechanisms: Kidane evaluates existing mechanisms for resolving trade, investment, and commercial disputes between China and African countries, highlighting their strengths and weaknesses.
  3. Cultural and Legal Perspectives: The author considers the economic and cultural profiles of both China and various African countries, as well as their evolving legal traditions, to propose a comprehensive institutional model for dispute resolution.
  4. Institutional Arbitration: The book endorses institutional arbitration as the most appropriate form of resolving disputes, outlining the obstacles and shortcomings of available means of dispute settlement in both international and domestic contexts.

Plot Summary

The book delves into the complexities of China-Africa economic relations and the need for an effective dispute resolution system. It begins by detailing the rapid growth in trade between China and Africa, which has led to significant investments and business activities. However, this growth has also highlighted the necessity for robust mechanisms to handle disputes arising from these interactions.

Kidane then critically assesses the existing mechanisms of dispute resolution, including arbitration and other forms of mediation. The author identifies the cultural and legal differences between China and African countries as crucial factors in shaping the effectiveness of these mechanisms. Based on this analysis, Kidane proposes a comprehensive institutional model that takes into account the economic needs and legal cultures of both parties.

Critical Reception

While specific reviews are not provided in the sources, the book is likely to be well-received by scholars and practitioners in the field of international trade and arbitration. The detailed discussion of how China-Africa trade relations fit within the global trade regime, coupled with the thorough evaluation of available options and proposals for improving the existing system, would make it a valuable resource for those interested in this area.

Publication Details

  • Author: Won Kidane
  • Publisher: Kluwer Law International
  • Publication Date: November 2011
  • ISBN: 9789041136749

The book is a significant contribution to the field of international arbitration and dispute resolution, offering insights into the complexities of China-Africa economic relations and providing practical recommendations for improving the efficacy of dispute resolution mechanisms.