LEGAL

Justice Mansoor Ali Shah Advocates for New Judicial Silk Route for CPEC Disputes

Justice Mansoor Ali Shah calls for a "Judicial Silk Route" to resolve CPEC disputes, advocating for alternative dispute resolution (ADR) and regional judicial collaboration.
2024-12-28
Justice Mansoor Ali Shah Advocates for New Judicial Silk Route for CPEC Disputes

Senior Supreme Court Justice Mansoor Ali Shah has proposed the creation of a new judicial silk route to address legal challenges arising from the China-Pakistan Economic Corridor (CPEC) and the Belt and Road Initiative (BRI). Speaking at a seminar in Islamabad, Justice Shah emphasized the importance of establishing a regional and collaborative judicial framework to support the successful implementation of these projects.

The Judicial Silk Route

Justice Shah described CPEC as a flagship project not only for Pakistan but also for the entire South Asian region. He suggested that, alongside the physical Silk Road, there should be a "Judicial Silk Route" that connects countries through a shared legal framework. This initiative would focus on resolving disputes related to CPEC, ensuring smoother operations for all parties involved.

"We have traditions of jirgas and reconciliation in our society. The judiciary in South Asia, including China, must engage in direct dialogue to create systems that facilitate the resolution of disputes efficiently," he said.

Alternative Arbitration and Commercial Courts

Justice Shah emphasized the need for an alternative dispute resolution (ADR) system to manage disputes arising from CPEC and BRI projects. He proposed that this system should be legislated and established in 138 districts of Pakistan. This initiative would help streamline legal processes and prevent delays in critical infrastructure projects.

He also underscored the importance of commercial courts tailored to handle CPEC-related matters, given the scope and scale of the projects involved.

Regional Collaboration and Legislative Action

According to Justice Shah, successful implementation of the ADR system will require collaboration between the South Asian judiciary and the Chinese judiciary. "Our legal systems must evolve to meet the demands of large-scale international initiatives like CPEC. South Asian countries, as well as China, need to share their knowledge and experiences to develop robust mechanisms for dispute resolution," he said.

He also highlighted the importance of legislative action to formalize these systems, advocating for the establishment of a legal framework that would support regional judicial cooperation and arbitration for international projects.

Conclusion

Justice Mansoor Ali Shah’s proposal to create a Judicial Silk Route underscores the growing need for judicial and legal frameworks that can manage the complexities of mega projects like CPEC. His call for alternative arbitration and commercial courts reflects a forward-thinking approach to integrating South Asian and Chinese judicial systems in resolving disputes and promoting smoother economic integration across borders.

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