ABSTRACT

With different legal systems and rules to determine an applicable law to transnational commercial contracts, the overall objective of China’s One Belt One Road initiative in integrating trade and commerce is unlikely to meet with a success. The Hague Conference on Private International Law has, on 19 March 2015, rolled out the text of the Hague Principles on Choice of Law in International Commercial Contracts. While the Principles does not have the status of an international convention and has no binding effect, the Hague Conference nevertheless encourages different countries to take the Principles as a model which can be incorporated into the domestic law of each country. Should countries along the One Belt One Road project consider the Principles to promote harmonisation of choice of law rules among them? In this chapter, the author aims at discussing the Principles and offering critique as to potential problems in applying the Principles. The author will then conclude whether the Principles should be recommended for consideration in light of the overall goal of China’s initiative.