China’s Belt and Road Initiative is Not a Novel Approach to International Law-Making

The Belt and Road Initiative (BRI) has advanced in various regions. While analyses have predominantly focused on its political and economic impacts, its legal aspects received less attention. This article explores whether the Chinese legal model implemented via the initiative represents a novel approach to international law-making. The focus is on its application in theMiddle East andNorth Africa, where a set of primary mechanisms are utilised: soft law instruments that establish a theoretical and practical framework for collaboration. The author provides a comparative analysis of the European Union (EU) and United States (US) legal models, considering the overall pros and cons of Beijing’s strategy. The article concludes that while these mechanisms represent a pragmatic governance model relying on flexible rules, they are not a novel approach. The US and the EU have employed such soft law
instruments, under which binding agreements were established to ensure formal commitments.