{"id":1923,"date":"2019-11-20T22:55:53","date_gmt":"2019-11-20T22:55:53","guid":{"rendered":"http:\/\/www.backerinlaw.com\/Site\/?page_id=1923"},"modified":"2019-11-25T09:26:38","modified_gmt":"2019-11-25T09:26:38","slug":"remarks-chinas-belt-and-road-initiative-and-the-united-nations-guiding-principles-for-business-and-human-rights","status":"publish","type":"page","link":"https:\/\/www.backerinlaw.com\/Site\/podcasts\/speeches-and-remarks\/remarks-chinas-belt-and-road-initiative-and-the-united-nations-guiding-principles-for-business-and-human-rights\/","title":{"rendered":"&#8220;Peaches and Plums do not Speak, but they are so Attractive that a Path is Created Below the trees&#8221; [\u6843\u674e\u4e0d\u8a00\uff0c\u4e0b\u81ea\u6210\u8e4a]: China&#8217;s Belt and Road Initiative and the United Nations Guiding Principles for Business and Human Rights"},"content":{"rendered":"\n<p><em>Download Remarks here: <\/em><a href=\"https:\/\/www.backerinlaw.com\/Site\/wp-content\/uploads\/2019\/11\/Peaches-and-Plums-do-not-Speak.pdf\">Peaches and Plums do not Speak<\/a><\/p>\n\n\n\n<p>Remarks delivered at the 8th United Nations Forum for Business and Human Rights 26 November 2019, Palais des Nations, Geneva Switzerland.<\/p>\n\n\n\n<p>Larry Cat\u00e1 Backer, Coalition for Peace and Ethics; W. Richard and Mary Eshelman Faculty\u00a0Scholar, Professor of Law and International Affairs, Pennsylvania State University<\/p>\n\n\n\n<p>Distinguished\nmembers of governments, of the Office of the High Commissioner for Human\nRights, and of pubic international organizations; Esteemed members of the UN\nWorking Group for Business and Human Rights; Valued representatives of economic\nenterprises, and of non-governmental organizations whose respective service to\nthe world order is acknowledged with deep appreciation; Colleagues from\nacademic institutions worldwide; Ladies and Gentlemen; Dear Friends:<\/p>\n\n\n\n<p>At\nthe opening ceremony of the Belt and Road Forum for International Cooperation,\nheld in Beijing May 2017, <a href=\"http:\/\/www.xinhuanet.com\/english\/2017-05\/14\/c_136282982.htm\">Chinese President Xi Jinping described<\/a> China\u2019s Belt and Road Initiative and the\ninternational community\u2019s subsequent support and involvement with a most astute\nreference to the well-known Chinese saying: \u201cpeaches and plums do not speak,\nbut they are so attractive that a path is created below the trees\u201d [\u6843\u674e\u4e0d\u8a00\uff0c\u4e0b\u81ea\u6210\u8e4a]. President Xi might have meant to suggest\nthat there is no need to argue about the abstract merits of BRI; rather China\u2019s\npositive role in developing this new era global trade framework will naturally lead\nother states to participate. And, indeed, since 2013 the world has been eager\nto construct a path to China as a new global trading center and has\nenthusiastically tasted the peaches and plums in China\u2019s orchard. Yet President\nXi was wise enough in using that ancient expression to note that it speaks not\nmerely to peaches but also to plums, that is to the combination of good moral\nmerits and character. It is the combination of peaches and plums that together\nproduce an orchard rich enough to draw and sustain the world. <\/p>\n\n\n\n<p>At the same time, one of the ancient <a href=\"https:\/\/military.wikia.org\/wiki\/Thirty_Six_Stratagems\">thirty-six stratagems<\/a>  reminds us, in its section on enemy dealing strategies, that one should be prepared to \u201csacrifice the plum tree to preserve the peach tree.\u201d Here the garden of peaches and plums takes on a different character\u2014both are necessary but now distinct and complementary, and where both are attacked it may be necessary to sacrifice one to preserve the garden. And yet, while the peaches survive, the garden itself becomes far poorer, and the path built to it may ultimately be abandoned. <\/p>\n\n\n\n<p>And that insight nicely describes the essence of my task here today: For in the global garden of productive interaction, it is possible to suggest that the peach orchard of the Chinese Belt and Road is made infinitely more productive, and the path beaten to its precincts made substantially more sustainable, where the peach trees of the Chinese Belt and Road Initiative are planted firmly and resolutely beside the great plums trees of the United Nations Guiding Principles for Human Rights. Sacrificing plums to preserve peaches may be a useful stratagem in some instances, but it will threaten the success of a garden dependent on both. <\/p>\n\n\n\n<p>To\nthat end I take as inspiration <a href=\"http:\/\/www.cpecinfo.com\/news\/the-complete-text-of-president-xi-jinping-speech-at-the-belt-and-road-forum-for-international-cooperation-2019\/NzAwMQ==\">President Xi\u2019s reference<\/a>, made during the course of his speech at\nthe 2nd Belt and Road Forum for International Cooperation in April 2019, to the\nChinese saying: \u201cThe ceaseless inflow of rivers makes the ocean deep.\u201d In that\ncontext he noted that \u201cwere such inflow to be cut, the ocean, however big,\nwould eventually dry up.\u201d We can only agree. The rivers of international trade\nflowing into China are fed by the great sources of its international normative\nand human rights structures. Were these cut off, there would be little left to\nfeed an ocean with many inlets and no outlets. <\/p>\n\n\n\n<p>In\nthis global garden of peaches and plums let us first consider our peach\ntree\u2013the Belt and Road Initiative. <\/p>\n\n\n\n<p>BRI represents the framework through which\nChina and its vanguard, the Chinese Communist Party, rationalizes its trade,\nsecurity, cultural, and political policies. That rationalization seeks a\nframework for the seamless and coherent connection between China\u2019s internal and\nexternal relations. It serves both as the outward expression of the core of the\nBasic Line of the Chinese Communist Party as the leadership collective of the\nnation, as well as the current manifestation of that Basic Line as the\nprinciples of the \u201cNew Era\u201d theory developed by the current leadership core of\nthe Chinese State and its Communist Party collective, which along with the\nelements of the United Front, represents the collective of the Chinese\nnation.&nbsp; <\/p>\n\n\n\n<p>That representation extends beyond economics\nto politics, culture, and societal cohesion. It represents the outward\nexpression of the Twelve Core Socialist Values and its implementation through\nthe five principles of Peaceful Coexistence: mutual respect for sovereignty and\nterritorial integrity, mutual non-aggression, non-interference in each other&#8217;s\ninternal affairs, equality and mutual benefit, and peaceful coexistence. To\nunderstand the BRI, it is first necessary to understand the central role of\nMarxism in the construction of Chinese political-economy.&nbsp; <\/p>\n\n\n\n<p>It is then necessary, as Xi Jinping stated\nin a speech given at the\nfifth collective study of the 19th Central Political Bureau on April 23, 2018,\nto situate Marxism with\nChinese characteristics at the core of China\u2019s global collective leadership. This\nis a moral-political, as well as an economic project. As President Xi also\nnoted: The Communist Manifesto, with Chinese characteristics, \u201cpointed out that\ncommunism is not a narrow regional movement, the proletariat. To achieve\ncomplete liberation, it is necessary to liberate all mankind and call on the\nproletarians of the world to unite. This provides a scientific and theoretical\nbasis for Marxist parties to embrace the world, benefit mankind, and jointly\ncreate a better world.\u201d<\/p>\n\n\n\n<p>Within this broader foundational outlook,\nBRI is meant to be the manifestation of outbound cooperation in a number of key\nareas. These areas have included, <a href=\"http:\/\/en.ndrc.gov.cn\/newsrelease\/201503\/t20150330_669367.html\">since 2015<\/a>: policy coordination, facilities\nconnectivity, integrated transport infrastructure construction, connectivity in\nenergy infrastructure, communication infrastructure, investment and trade\ncooperation, enhanced customs cooperation, and mutual recognition and\ncoordination of standard setting, the development of a united front in the\ncontext of developing policy within the global trade community, coordinated\ntrade innovation, investment facilitation, cooperation in agriculture, forestry\nand animal husbandry, and in the exploration of coal, oil, gas, metal minerals\nand other conventional energy sources; as well as emerging renewable sources. &nbsp;<\/p>\n\n\n\n<p>With this in mind it is possible to turn to\nthe legal, security, cultural, and infrastructure development aspects of the\nformation of BRI. <\/p>\n\n\n\n<p>The legal and operational characteristics\nof BRI are then easy to describe.&nbsp; <\/p>\n\n\n\n<p>As a legal construct, BRI can be understood\nas the aggregation of an increasing number of bi-lateral and multi-lateral\ntrade, friendship, and cooperation agreements between foreign states and China.\nBRI does not yet embrace such formal arrangements between foreign states\nwithout China at the center. These formal arrangements are meant to make it\npossible to manifest and work toward the fulfillment of the key aspirational\npolicies of BRI drawn from a <a href=\"http:\/\/en.ndrc.gov.cn\/newsrelease\/201503\/t20150330_669367.html\">2015 National Development and Reform\nCommission White Paper<\/a>: &nbsp;\u201cThey should promote policy coordination,\nfacilities connectivity, unimpeded trade, financial integration and\npeople-to-people bonds as their five major goals.\u201d <\/p>\n\n\n\n<p>At the same time, these formal instruments\nare augmented by a growing set of informal mechanisms.&nbsp; Prominent among them are Memoranda of\nUnderstanding among China and her BRI partners. Lamentably, most are not\ntransparent. These contain, it is mostly surmised, a set of more specific\ncountry to country framework arrangements for the operationalization of BRI\nprinciples within a more specific context.&nbsp;\n<\/p>\n\n\n\n<p>Internally, BRI is overseen in China by the\nLeading Group for advancing the Development of One Belt One Road, formed in 2014.\nIts steering committee reports directly into the State Council of the People&#8217;s\nRepublic of China. Externally, China\u2019s BRI partners have under the leadership\nof China, undertaken a set of informal structures aimed at coordination. Beyond\nthat, little is known, though each individual state, in their relations with\nChina, is free to undertake its own approach to the internationalization of BRI\nwithin their national territory.&nbsp; <\/p>\n\n\n\n<p>As a set of security arrangements, BRI is\nconnected to the Shanghai Cooperation Organization.&nbsp; But the Shanghai Cooperation Organization is\nmerely meant to be one of many mechanisms that enhance multilateral\ncooperation. These entities tend to layer the policies, principles and\nobjectives more broadly conceived in BRI but targeted to the specific context\nfor which they were created. <\/p>\n\n\n\n<p>As a mechanism for bringing people closer\ntogether, BRI is also understood to be the framework within which China and her\npartners develop closer ties. It is understood to fall within several distinct\ncategories.&nbsp; <\/p>\n\n\n\n<p>The first includes people to people\nexchanges with the objective of enhancing BRI economic and political\ncooperation.&nbsp; These have included <a href=\"http:\/\/en.ndrc.gov.cn\/newsrelease\/201503\/t20150330_669367.html\">since 2015<\/a> \u201ccultural and academic exchanges,\npersonnel exchanges and cooperation, media cooperation, youth and women\nexchanges and volunteer services, so as to win public support for deepening\nbilateral and multilateral cooperation.\u201d<\/p>\n\n\n\n<p>The second includes a series of measures\ndesigned to enhance intra-BRI tourism<\/p>\n\n\n\n<p>The third includes scientific and technical\ncooperation.&nbsp; These include the\ndevelopment of joint research centers. It also includes integration of programs\nin aid of economic development, including entrepreneurship and the like. <\/p>\n\n\n\n<p>The fourth includes broad array of\nmechanisms for enhanced political communication.&nbsp; The objects of these projects include\npolitical parties, legislative bodies sister city programs and the like.&nbsp; <\/p>\n\n\n\n<p>Finally, and most importantly, BRI serves\nas the conceptual framework around which the core objective of enhancing\nregional connectivity and development may be furthered. It consists of a series\nof evolving mechanisms for developing and financing infrastructure projects.\nBut infrastructure projects are merely to be understood as the necessary first\nstage of the larger project of bringing like-minded groups of states together by\nsolving the world\u2019s infrastructure gap. The elimination of those gaps forms the\nheart of the infrastructure-centered development of what are popularly called\nthe Silk Roads from and through China. These include the Land Silk Road\nconnecting China through Asia to Europe; the Maritime Silk Road that connects\nstates along ancient sea routes between Asia, Africa and Europe\u2014along with the\nAmericas.&nbsp; An ice silk road anticipated\nover the North Pole region, and perhaps even a space and internet road also may\nbe included within the BRI\u2019s goals. <\/p>\n\n\n\n<p>These projects, then, serve as the physical\nmanifestation of the Silk Road envisioned by President Xi publicly since\n2013.&nbsp; They are manifested by a series of\ndevelopment and financing arrangements between China and its BRI partners.&nbsp; But such activity is also internationalized\nwithin the Asia Investment and Infrastructure Bank (AIIB). The initial focus\nhas been infrastructure investment, education, construction materials, railway\nand highway, automobile, real estate, power grid, and iron and steel. Some\nalready estimate that total Belt and Road Initiative projects are among the largest\ninfrastructure and investment projects in history.<\/p>\n\n\n\n<p>And now we add the plum trees.<\/p>\n\n\n\n<p>Just as the BRI has been intended to help\nbridge a critical infrastructure gap, the U.N. Guiding Principles for Business\nand Human Rights represents a concrete and globally embraced effort to bridge\nan equally important gap\u2014a governance gap between national and international\nregulatory structures, between public and private law systems; and within\nincreasingly unified chains of production and supply that themselves manifest\nthe global regulatory silk roads.&nbsp; <\/p>\n\n\n\n<p>The UN Guiding Principles are well known\nenough to spare me the need for more careful description.&nbsp; However, it is worth remembering a number of\nkey points.<\/p>\n\n\n\n<p><em>First, <\/em>the UN Guiding Principles were endorsed unanimously in\n2011.&nbsp; That endorsement included China\nand the United States. It must be acknowledged that the UN Guiding Principle\nare not strictly speaking international law, nor have their principles been mandated\nunder international law mechanisms, nor, indeed, have they been involuntarily\ntransposed into the domestic legal orders of states. All the same, the UN\nGuiding Principles themselves were consciously crafted, and thus endorsed, to\nreflect the key operational doctrines essential and universally embraced for\nframing issues of duty, responsibility and obligation of all actors touched by\neconomic activity.<\/p>\n\n\n\n<p><em>Second<\/em>, the UN Guiding Principles have developed two principal\nframing strategies for the key actors in economic activities\u2014states and\neconomic organizations.&nbsp; <\/p>\n\n\n\n<p>With\nrespect to states, the UN Guiding Principles reaffirm the essence of State\nsovereignty within the global order. States acknowledge their already existing\nduties to protect human rights within the letter and spirit of their own\nengagement in international law and norms.<\/p>\n\n\n\n<p>With respect to enterprises, including\ninstrumentalities of state engaged in economic activities, the UN Guiding\nPrinciples described a private law based and coordinated system of\nresponsibility unified both by a core set of norms, the International Bill of\nHuman Rights and certain ILO Conventions, as well as by the mechanisms of human\nrights due diligence. These apply with equal vigor to all enterprises anywhere\nin the world and are either tied to or restricted by the choices made in the\nconstruction of the domestic legal orders of the states in which they may\noperate. <\/p>\n\n\n\n<p>With respect to individuals, the UN Guiding\nPrinciples have taken a great step toward the development of a global system of\nliability for harm designed to protect individuals and vulnerable communities\nfrom the effects of economic activity.&nbsp;\nThis harm principle is framed in the Western language of human rights\nbut of its essence is aligned strongly with Marxist principles of the\nfundamental obligation of the vanguard party in asserting its leadership\nrole.&nbsp; <\/p>\n\n\n\n<p><em>Third,<\/em> as a consequence, it is useful to understand the UN Guiding\nPrinciples as the first truly global Belt and Road Initiative.&nbsp; Its silk road is paved with the principles\ndeveloped by the community of nations in its multilateral organizations\nreflecting their mutually advantageous vision of win-win cooperation.&nbsp; It is paved with the blood and sacrifice of\nthe global working class, with respect to whom both free market and Marxist\npolitical systems have long recognized obligations. <\/p>\n\n\n\n<p><em>Fourth,<\/em> the UN Guiding Principles have developed a set of key markers\nthat are implicitly embedded into the principles of BRI, whose development\nought to be welcomed in the spirit of BRI win-win cooperation and respect for\nthe five principles of Peaceful Coexistence.&nbsp;&nbsp;\nIn this context it is important to underline that the relationship\nbetween the substantive norms of BRI and the UN Guiding Principles are not\nconstructed as a one-way street.&nbsp; It is\nas important for the Guiding Principles to embed within its interpretive scope\nthe important cultural and moral framework of socialist values, as it is for BRI\nframeworks to be sensitive to the role of the UNGP in the legal and economic organization\nof its partners. &nbsp;For China and BRI, it\nis error to conceive of the UN Guiding Principles as a species of \u201cunequal treaties.\u201d\nAt the same time, it is error for those who have responsibility for the UNGP to\nview them as a means of for excuse for orcing the transformation of Marxist\nLeninist political-economic systems and their forms of governance. &nbsp;<\/p>\n\n\n\n<p><em>Fifth,<\/em> the necessary alignments between the BRI and UN Guiding\nPrinciples are easy to identify. &nbsp;These\nextend beyond the First Pillar principles applicable to states. Let me\nhighlight a few:<\/p>\n\n\n\n<p>\u00b7 Guiding Principle 4 (the State-Business\nNexus) provides a strong foundation for developing the moral and normative\nframework for the operation of BRI state owned enterprises especially when they\nengage in economic activity outside of their home state;<\/p>\n\n\n\n<p>&nbsp;\u00b7 Guiding\nPrinciple 4 also serves as the foundation for incorporating appropriately\nframed human rights obligations of states into the working style of the great\nfinancial institutions that help drive BRI, including but not limited to the\nAIIB;<\/p>\n\n\n\n<p>\u00b7 Guiding Principle 6 (Public Commercial\nTransactions) serves as a foundation for the transposition of UN Guiding\nPrinciples sensibilities in developing relationships of integrity between the\nState and its enterprises. In this way China might demonstrate the way that its\nadvanced elements of core socialist principles are compatible with the Guiding\nPrinciples. In consciously leading by doing, China can both embrace the UN\nGuiding Principles but help shape its meaning. <\/p>\n\n\n\n<p>\u00b7 Guiding Principle 7 (Conflict Zones) may\nserve as an essential template for enhancing rights based BRI activities in\nconflict areas.&nbsp; These exist within the\noverland and maritime Silk Roads.&nbsp; Again,\nthis is an area in which BRI can by fusing its approach with the UN GP principles,\ncan lead in the further development of both.&nbsp;&nbsp;&nbsp;\n<\/p>\n\n\n\n<p>\u00b7 Guiding Principle 8 (Ensuring Policy\nCoherence) can serve as the foundation for BRI development by ensuring that its\ncore principles conform internally to the great Chinese principles and obligations\nto protect from harm and at the same time respect the rights based structure of\nsuch harm protections within the systems of most of its BRI partners.&nbsp; As the Commentary to Principle 8 suggests, \u201cTo\nachieve the appropriate balance, States need to take a broad approach to\nmanaging the business and human rights agenda, aimed at ensuring both vertical and\nhorizontal domestic policy coherence.\u201d<\/p>\n\n\n\n<p>\u00b7 And perhaps most importantly, Guiding\nPrinciple 10 which reminds states, including BRI states, that \u201cwhen acting as\nmembers of multilateral institutions that deal with business related issues, they\nshould ensure the embedding of the great principles of the UNGP throughout the\nscope of the work of those institutions.&nbsp;\nThere is no better place to affirm the close connection between the\nprinciples of BRI and UNGP than through the elaboration of UNGP sensitive BRI\npolicy, and practice.&nbsp; As Principle 10(c)\ninstructs: states should draw on these Guiding Principles to promote shared\nunderstanding and advance international cooperation in the management of\nbusiness and human rights challenges.\u201d BRI provides a great opportunity for\ncapacity building of the conjunction of human rights principles with Chinese\ncharacteristics alongside those embraced in the UNGP, respectful of the\nsensitivities of all BRI states within BRI production chains.<\/p>\n\n\n\n<p>Beyond these, BRI serves as an excellent\nworkshop for the development of socialist human rights due diligence\nsystems.&nbsp; These might combine the core\nsocialist values developed by a Chinese core with the collective premises of\ndue diligence and its sensitives derived from the Guiding Principles\u2019 2<sup>nd<\/sup>\nPillar. <\/p>\n\n\n\n<p>There is much more, of course.&nbsp; But even this small listing provides\nsubstantial evidence of the rich possibilities when the Chinese peach tree is\ngrown alongside the UN Guiding Principles plums.<\/p>\n\n\n\n<p><em>Sixth,<\/em> these alignments between BRI and the UN Guiding Principles\npresent for China and the BRI community the same challenges that the BRI\npresents for non-BRI trading and cooperation systems.&nbsp; And yet, the challenges are made easier to\nmeet through a process of contextual embedding.&nbsp;\nThis involves the translation of the UN Guiding Principles into the\nlanguage of the political principles of adhering states and its firm and\nresolute adoption both by BRI states and by those enterprises operating within\nit.&nbsp; <\/p>\n\n\n\n<p><em>Seventh,<\/em> it is then possible to conceive of a Marxist-Leninist context\nfor the elaboration of the principles of the UN Guiding Principles.&nbsp; It is also possible to align the effects and\npractices in ways that make such transition compatible with the application by\nthe global community of states and enterprises as a whole.&nbsp;&nbsp; For China, the project might well start with\nthe alignment of BRI with the principles already announced by the Central\nCommittee of the Communist Party of China in October 2019 in its <a href=\"http:\/\/www.gov.cn\/zhengce\/2019-10\/27\/content_5445556.htm\">Outline of the Implementation of the\nConstruction of the Moral Citizen in the New Era<\/a>.<\/p>\n\n\n\n<p><em>Eighth,<\/em> the opportunity to carefully and consciously align BRI with\nthe UN Guiding principles presents China and the BRI community the opportunity\nto lead by example.&nbsp; The natural\nconnection between the high principles of BRI and the framing principles of the\nUNGP can produce a model for multi-lateral activity that substantially advances\nthe great objectives of both. Together, each is stronger than apart.&nbsp; <\/p>\n\n\n\n<p><em>And ninth,<\/em> my last and perhaps most important point.\nThe development of BRI is at a crucial stage of development. It finds itself at\nthe point where its expression of scientific Marxist universalism, as Xi\nJinping noted, as a \u201ctheoretical basis for Marxist parties to embrace the\nworld, benefit mankind, and jointly create a better world.\u201d&nbsp; (Xi, <a href=\"https:\/\/lcbackerblog.blogspot.com\/2019\/11\/xi-jinping-learning-basic-theory-of.html#more\"><em>Learning the basic theory of Marxism is a\ncompulsory course for communists<\/em>)<\/a> must be aligned with the Enlightenment\nrational scientific development of law expressed in international human rights\ninstruments.&nbsp; That alignment is essential\nwhere BRI operates in the world and in the territories of others. This presents\nan important opportunity for China to practice its high ideals proactively in\nits development of Marxist universalism compatible with the deeply held norms\nof the people with which it interacts. And that alignment will come willingly\nor not. Cases such as <em>Chandler v Cape plc<\/em> [2012] <a href=\"http:\/\/www.bailii.org\/ew\/cases\/EWCA\/Civ\/2012\/525.html\">EWCA Civ 525<\/a> and <em>Lungowe v Vedanta Resources plc<\/em>\n[2019] <a href=\"https:\/\/www.bailii.org\/uk\/cases\/UKSC\/2019\/20.html\">UKSC 20<\/a> already suggest the emerging framework through which the\nactivities of BRI enterprises might well be reached, eventually perhaps into\nthe Chinese heartland.&nbsp; The better\nstrategy might be to cultivate these within BRI rather than to be engulfed by\nthem, or worse, to try to root them out through oppositional political\naction.&nbsp;&nbsp;&nbsp; <\/p>\n\n\n\n<p>Dear Friends<\/p>\n\n\n\n<p>China is leading the way in advancing a set\nof the normative principles of respect, cooperation, win-win result and\nsustainability through which to engage in activities of global concern.&nbsp; The 2018 <a href=\"https:\/\/eng.yidaiyilu.gov.cn\/zchj\/qwfb\/46076.htm\">Chinese BRI Statement on China\u2019s Artic Policy<\/a>, issued January 2018 nicely frames them in\nterms of respect:<\/p>\n\n\n\n<p>Respect should be\nreciprocal. It means all States should abide by international treaties . . . as\nwell as general international law. They should respect the sovereignty,\nsovereign rights, and jurisdiction enjoyed by the Arctic States in this region,\nrespect the tradition and culture of the indigenous peoples, as well as respect\nthe rights and freedom of non-Arctic States to carry out activities in this\nregion in accordance with the law, and respect the overall interests of the\ninternational community in the Arctic.<\/p>\n\n\n\n<p>These principles of respect, cooperation,\nwin-win result and sustainability are also at the heart of the UN Guiding\nPrinciples.&nbsp; <\/p>\n\n\n\n<p>Like the peach and plum trees in our global\ngarden, BRI and UNGP must be planted together, grow together, and lean on each\nother to ensure that the global community will find them so attractive, in a\nsustained and sustainable state of reciprocal and respectful win-win\ncooperation, that they will together help form the path beneath these trees. To\nthat end it is necessary both to avoid the stratagem of sacrificing the plum to\nsave the peach, and to be mindful that such sacrifice might well cut the ocean\nfrom the many streams from which it feeds.&nbsp;\nIt is in that spirit that both BRI and the UNGP will grow together to\nforge the sort of socialist win-win respectful alternative to which President\nXi, and the friends of the UNGP, have both embraced.<\/p>\n\n\n\n<p>Thank you.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Download Remarks here: Peaches and Plums do not Speak Remarks delivered at the 8th United Nations Forum for Business and Human Rights 26 November 2019, Palais des Nations, Geneva Switzerland. Larry Cat\u00e1 Backer, Coalition for Peace and Ethics; W. Richard and Mary Eshelman Faculty\u00a0Scholar, Professor of Law and International Affairs, Pennsylvania State University Distinguished members &hellip; <\/p>\n<p class=\"link-more\"><a href=\"https:\/\/www.backerinlaw.com\/Site\/podcasts\/speeches-and-remarks\/remarks-chinas-belt-and-road-initiative-and-the-united-nations-guiding-principles-for-business-and-human-rights\/\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8220;Peaches and Plums do not Speak, but they are so Attractive that a Path is Created Below the trees&#8221; [\u6843\u674e\u4e0d\u8a00\uff0c\u4e0b\u81ea\u6210\u8e4a]: China&#8217;s Belt and Road Initiative and the United Nations Guiding Principles for Business and Human Rights&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":735,"menu_order":-1,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1923","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.backerinlaw.com\/Site\/wp-json\/wp\/v2\/pages\/1923","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.backerinlaw.com\/Site\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.backerinlaw.com\/Site\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.backerinlaw.com\/Site\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.backerinlaw.com\/Site\/wp-json\/wp\/v2\/comments?post=1923"}],"version-history":[{"count":35,"href":"https:\/\/www.backerinlaw.com\/Site\/wp-json\/wp\/v2\/pages\/1923\/revisions"}],"predecessor-version":[{"id":1982,"href":"https:\/\/www.backerinlaw.com\/Site\/wp-json\/wp\/v2\/pages\/1923\/revisions\/1982"}],"up":[{"embeddable":true,"href":"https:\/\/www.backerinlaw.com\/Site\/wp-json\/wp\/v2\/pages\/735"}],"wp:attachment":[{"href":"https:\/\/www.backerinlaw.com\/Site\/wp-json\/wp\/v2\/media?parent=1923"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}