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  • Regional Integration Community “One Belt One Road”: Cooperation in Trade Liberalization and Antitrust Enforcement

Regional Integration Community “One Belt One Road”: Cooperation in Trade Liberalization and Antitrust Enforcement

Student: Arapbaeva Zulaika

Supervisor: Vladislav Starzhenetsky

Faculty: Faculty of Law

Educational Programme: Law of International Trade, Finance and Economic Integration (Master)

Year of Graduation: 2020

BRI has become a buzzword of the last decade, gradually bringing international relations evolution and challenging the globalization processes. Developing in the go, the BRI is still amorphous, thus, it is on the agenda, bringing a commercial, industrial and geopolitical revolution. Having an idea to integrate regional integration communities into a single heading, the BRI is driving to fragmentation of public international law. Existing phenomenon within the Initiative, therefore, requires coordination. Being implemented by conclusion of FTAs, the Initiative creates a platform, which has to comply with the international law. Liberalization of the trade within the Initiative is implemented, in particular, by EAEU-China FTA. The cross-border antitrust enforcement within the Initiative raises number of questions, including extraterritoriality, a feasible solution of enforcement cooperation. All these questions coincide with the already existing international legal framework on international trade and international competition. The concept of BRI is indeed not disconnected from international trade law; trade liberalization and antitrust enforcement are intrinsically linked together; trade and cooperation agreements are a feasible solution for antitrust enforcement cooperation. The following analysis shall assess these questions. Chapter I will analyze the legal framework that the BRI fits in, by conceptualizing the Initiative itself and defining the Initiative in the context of international law. In Chapter II, we shall also examine the general relationship between trade and competition and argue that comprehensive trade liberalization and competition policies which emphasize cooperation between the BRI countries shall be important component of BRI insofar its objective of promotion of unimpeded trade is concerned. Chapter III will provide an analysis of the development of cooperation in trade liberalization within the BRI. In section 2, an overview of the regional trade agreements existing along the BRI will be provided for a better understanding of BRI international trade pattern. An analysis of the EAEU-China FTA will be given in detail as well as an overview the state of convergence of the EU with the BRI will be provided. In Chapter IV, we shall examine the cross-border antitrust enforcement within the BRI by providing a relevant comparative analysis of the exercise of extraterritoriality principles along the jurisdictions involved, reviewing existing methods of antitrust enforcement cooperation in order to note on the relevance of their implication in the context of the BRI, and analyzing prospective cooperation of antitrust enforcement within the Initiative.

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