What Would Be Necessary to Construct a Rule Framework for Sustainability in the New Western Land–Sea Corridor? An Analysis Based on Green International Rule of Law

Abstract

The New Western Land–Sea Corridor is the lifeline of international cargo transportation between China and the ASEAN. Transit transportation causes environmental damage to transit countries, and there is an urgent need to establish a sustainable rule framework for the New Western Land–Sea Corridor. The international rule of law originates from the documents of the United Nations General Assembly. The theoretical foundation of green transportation is sustainability. The connections and interactions between sustainability and the international rule of law constitute a green international rule of law. From the perspective of the green international rule of law, there are challenges in establishing a sustainable rule framework, such as the limited capacity of transit countries to ensure ecological security, the insufficient supply of collective efforts based on international environmental protection rules, the abuse of environmental protection exceptions leading to trade barriers, and conflicting judgments arising from parallel environmental infringement lawsuits. This article adopts the methods of text research, conceptual interpretation, and comparative research. China should take the green international rule of law as guidance, establish a green foreign aid mechanism for the New Western Land–Sea Corridor, explore an independent contribution mechanism for international environmental protection rules based on collective efforts, adhere to the principle of treaty compliance to limit the abuse of environmental protection exceptions, and build a diversified environmental dispute prevention and resolution mechanism for the New Western Land–Sea Corridor.

1. Introduction

The New Western Land–Sea Corridor (NWLSC) is located in the hinterland of western China, connecting the Silk Road Economic Belt to the north and the 21st Century Maritime Silk Road to the south and synergistically connecting with the Yangtze River Economic Belt. As the lifeline of international freight transportation between China and ASEAN, the NWLSC has developed rapidly in terms of route opening, coverage, the number of trains, and transportation value. According to statistics, in 2022, 8345 sea rail intermodal trains were in operation, a year-on-year increase of 45%, covering 17 provinces, 60 cities, and 113 stations in China and 338 ports in 113 countries and regions worldwide [1]. The rail–sea intermodal trains, cross-border road trains, and international railway intermodal trains depart from the originating country, pass through the transit country, and finally arrive at the destination country. Transit countries have an obligation to allow transit transportation based on international treaties. However, when damages from oil pollution, toxic and harmful gases, fuel pollution, etc., occur during transit, transit countries may restrict or even prohibit transit transportation to protect their own environments.

The NWLSC has attracted the attention and academic research efforts of Chinese economists. The following are the research focuses and representative viewpoints: firstly, regarding the research significance of the NWLSC, Zheng Yongnian believes that the NWLSC is of great significance in connecting the Belt and Road, promoting China–ASEAN connectivity, and building a new pattern for China’s opening up to the outside world [2]. The International Trade and Economic Cooperation Research Institute of the Ministry of Commerce believes that the NWLSC has made important contributions to ensuring the stability of global industrial and supply chains and promoting global economic recovery [3]. The above two viewpoints are comprehensively and accurately understood. The Belt and Road refers to the Silk Road Economic Belt and the 21st Century Maritime Silk Road. The two were originally in separate states, and the NWLSC is located in the hinterland of western China, connecting the two. Currently, the international situation is turbulent and the global economy is declining. China and the ASEAN have been each other’s largest trading partners for three consecutive years. The NWLSC is of great significance in ensuring China’s opening up to the outside world, strengthening smooth trade with the ASEAN, and promoting global economic recovery.

Secondly, we address research methods for the NWLSC. Quantitative research and data models of the NWLSC are highly favored by Chinese scholars. Ding Rui used interference models and coupled coordination models to analyze the network elasticity and coordinated development of passenger and freight transportation in the NWLSC [4]. This data model presents the actual transportation situation objectively while emphasizing the importance of passenger transportation through the NWLSC. As one of the most important components of the NWLSC, the China Laos Kunming Wan Railway passenger train officially opened in April 2023, contributing to the economic development of Laos and the ASEAN. In addition, Qin Xueyi used accessibility and urban flow intensity methods to select the 16 core cities of the NWLSC and suggested that Gansu actively connects with the NWLSC southwards [5]. For cities in Gansu Province, located in the inland region of western China, core cities are important nodes in the NWLSC and strengthening economic connections between cities has important research value.

Thirdly, regarding the construction path of the NWLSC, Yu Chuanjiang advocates for the regional integration and open development path of China and the ASEAN jointly building the NWLSC [6]. Yao Shujie suggests establishing closer economic and trade relations between China and the ASEAN [7]. The former is based on a macro perspective, while the latter focuses on a micro perspective, both of which have a certain rationality but both ignore ecological and environmental issues. We believe that significant achievements have been made in the development of the NWLSC so far. Therefore, the construction of the NWLSC should shift from macro planning to micro correction, from increasing transportation quantity to improving transportation quality, and from emphasizing economic efficiency to protecting the ecological environment, in order to achieve green transportation, the optimization of transportation structure, and the clean and low-carbon transformation of international cargo transportation in the NWLSC.

However, based on the current academic research status of the NWLSC, we find that there are still the following shortcomings. Firstly, in terms of research fields, the above research mainly focuses on the field of economics, with relatively little attention paid to other disciplines such as law and the environment. The research conclusions thus have certain limitations and one-sidedness, and their guiding significance is limited. Secondly, in terms of research methods, Ding Ru and Qin Xueyi adopted quantitative research to analyze the NWLSC from the perspective of data models, but qualitative research on domestic laws, international treaties, and other rules is sparse. The research conclusion focuses on static information while neglecting dynamic changes. The NWLSC is unique and the situation is complex, making it difficult to accurately determine causal relationships solely based on data and models. Thirdly, in terms of research focus, Yu Chuanjiang and Yao Shujie focused excessively on the economy and efficiency of the NWLSC, while neglecting pollution prevention and ecological protection. This poses a threat to the ecological environment and security of the transit countries of the NWLSC.

Based on this, the aim of this article is to ascertain what would be necessary to construct a rule framework for sustainability in the New Western Land–Sea Corridor using an analysis based on green international rule of law. As for the innovation of this article, firstly, the topic selection is innovative. This article adopts an interdisciplinary study of international law and environmental science to distinguish it from the current topic chosen by economists. Secondly, this article presents innovative research perspectives. This article is based on the theory of green international rule of law and analyzes constructing a rule framework for sustainability in the NWLSC. Thirdly, regarding academic and theoretical innovation, on the basis of analyzing the theoretical foundation of green, the connotation of international rule of law, and the relationship between sustainability and international rule of law, this article proposes the concept of green international rule of law.

This article adopts the following three research methods. Firstly, the text research method: this article systematically studies texts such as the 2005 World Summit Outcome of the United Nations, the Rule of Law at the Domestic and International Levels, the Declaration of the High-Level Conference on the Rule of Law at the Domestic and International Levels, Our Common Future, and the United Nations Charter. Secondly, the method of conceptual interpretation: this article explains and interprets concepts such as international rule of law and green international rule of law. Thirdly, the comparative research method: this article compares sustainable development and sustainability and concludes that sustainability should be the theoretical basis for green transportation. Carl Larenz believes that choosing appropriate research methods is of great significance for solving legal problems [8]. The above research methods can be used to draw scientific and effective conclusions.

The research structure of this article is divided into six parts, as follows. Part 2 elaborates on the green international rule of law. The third part is based on the perspective of green international rule of law, analyzing the difficulties in constructing a sustainable rule framework for the NWLSC. The fourth part examines and compares representative achievements of green international rule of law in international cargo transportation from the perspective of international organizations. Part 5 proposes a Chinese plan for building a sustainable rule framework for the New Western Land–Sea Corridor. The last part is the conclusion.

2. Green International Rule of Law

2.1. The Meaning of International Rule of Law

As a fundamental and important concept of international law, the rule of law has attracted the attention and research efforts of numerous international legal communities, including but not limited to traditional Chinese culture [9], theory and practice [10]. However, while a hundred schools of thought are contending, the connotations and extensions of international rule of law are being generalized, gradually losing their original meaning.

How do we explore the original meaning of international rule of law? The United Nations is the most universal, representative, and authoritative intergovernmental organization and the most important multilateral political stage in the world, making significant contributions to the maintenance of peace and stability and promoting the development of all countries. As the main deliberative, supervisory, and reviewing body of the United Nations, the General Assembly plays an important role in formulating standards and compiling international law. Therefore, relevant documents of the United Nations General Assembly have irreplaceable academic value in clarifying the international rule of law.

The international rule of law can be traced back to the outcome documents of the 59th high-level plenary session of the United Nations General Assembly and the World Summit in September 2005. The document stipulates that “it is extremely important to establish an effective multilateral system in accordance with international law” and that “Good governance and the rule of law at the national and international levels are crucial for sustained economic growth, sustainable development, and the eradication of poverty and hunger” [11]. From this, it can be concluded that the rule of law can be divided into international rule of law and national rule of law, with international rule of law relying on international law rather than international relations and international politics.

In 2006, the first session of the United Nations General Assembly adopted the resolution “The Rule of Law at the Domestic and International Levels”, which stated: “To uphold the purposes and principles of the United Nations Charter and international law, it is necessary to abide by and implement the rule of law domestically and internationally” [12]. It can be inferred from this that the resolution further clarifies the primacy of the United Nations Charter in international law and emphasizes compliance with international law such as the United Nations Charter; that is, the international rule of law includes governance in its implementation [13].

In September 2012, the United Nations held a high-level conference on the rule of law at the national and international levels and issued a declaration: “The rule of law is of great significance to the three pillars of the United Nations—international peace and security, human rights, and development”; “The principle of the rule of law applies equally to all countries, to international organizations, including the United Nations and its main organs, respects and promotes the rule of law and justice, and gives predictability and legitimacy to the actions of countries and international organizations”; “The resolution of international disputes through peaceful means”. The rule of law and development complement each other [14]. It can be concluded that the regulatory focus of international rule of law lies in international peace and security, human rights, and development. The applicable subjects of international rule of law include countries and international organizations. The international rule of law requires the peaceful and predictable resolution of international disputes.

Based on the above analysis, we can conclude that the international rule of law refers to the strict adherence of countries and international organizations to international law based on the United Nations Charter, the peaceful and predictable resolution of international disputes, and the establishment and maintenance of an international order for lasting peace and security, international cooperation and development, and human rights protection.

2.2. The Theoretical Basis of Green

The World Commission on Environment and Development proposed the concept of “sustainable development” in “Our Common Future”, which aims to meet the needs of contemporary people without compromising the ability of future generations to meet their needs [15]. The concept of “sustainable development” has the following meanings: the first layer refers to the current needs and the main body of needs of contemporary people. Specifically, it refers to the common needs of people around the world, which can be understood as the economy. The second layer refers to future needs, technological conditions, and the limitations imposed by social organizations on the ability of the environment to meet current and future needs, which can also be understood as economics. Therefore, the core of sustainable development is not the environment but the economy. It is emphasized that the economy should adopt a sustainable approach. Sustainable development encompasses economic sustainability [16]. Based on sustainable development as the theoretical foundation, the United Nations has proposed 17 sustainable development goals to comprehensively address development issues in the three dimensions of society, economy, and environment.

What is sustainability? The above-mentioned United Nations documents do not provide a clear definition of sustainability, which does not hinder the attention and research of scholars. Lozano incorporates economic, non-degradation, integration (economic, environmental, and social integration), intergenerational, and holistic concepts into sustainability [17]. From this, it can be seen that rich connotations lead to subjectivity and uncertainty regarding the concept of sustainability [18]. Marshall, Toffel, Bansal, and Song all believe that sustainability does not involve ethical issues [19,20]. Undoubtedly, moral issues do have diverse, uncertain, and controversial shortcomings, which are not conducive to the precise definition of sustainability concepts. Marshall, Toffel, Kuhlman, and Farrington all advocate that the key issue of sustainability is ecology [19,21]. Unlike the aforementioned scholars, Benedict Sheehy believes that sustainability is the main challenge for humanity [22] and derived the concept of sustainability from four dimensions, analyzing units, actors, goals, and implementation methods.

What is the difference between sustainable development and sustainability? The following text will compare and analyze the four dimensions established by Benedict Sheehy.

Firstly, in terms of analytical units, the unit of analysis for sustainable development is the global economic system. The global economic system is an economic complex that includes multiple elements such as people, society, and resources. The unit of analysis for sustainability is represented by the global ecosystem [16]. The global ecosystem is an organism that includes ecological balance and coordination such as the atmosphere, oceans, and rivers.

Secondly, in terms of actors, the Sustainable Development Goals were formulated by the United Nations and adopted by its 193 member states. The United Nations Development Programme has launched the China Global Goals Alliance, which includes foundations, banks, enterprises, and other entities. The actors involved in sustainable development are international organizations, countries, governments, enterprises, etc. The actors involved in sustainability are international public organizations and nation states [16]. Based on the macro and international considerations of the global ecosystem, sustainable actors must have a certain level of international influence and organizational action ability.

Thirdly, in terms of goals, sustainable development presents diverse characteristics, including 17 items such as poverty eradication, industrial innovation, and climate action, aiming to thoroughly solve development problems in the three dimensions of society, economy, and environment in a comprehensive manner. The goal of sustainability involves environmental issues [16]. The goal of sustainability is to prevent and address environmental issues such as air pollution, marine pollution, global warming, and ozone depletion. Any deviation from environmental goals, such as economic development, religious dissemination, political competition, strengthening national defense, and safeguarding human rights, does not fall within the scope of sustainability.

Fourthly, in terms of implementation methods, the CIFAL Center of the United Nations Institute for Training and Research has an international talent capacity building system in accordance with the United Nations 2030 Sustainable Development Goals, namely the United Nations Sustainable Development Goal Capacity Building Project. The United Nations hosts the United Nations World Data Forum to implement the United Nations Sustainable Development Goals. Sustainable development usually adopts implementation methods such as project training and platform construction. Sustainability is a public policy that does not involve national hard law but includes international soft law [16]. Francis Snyder believes that soft law refers to behavioral rules that are not legally binding in principle but have practical effectiveness [23]. Malcolm D. Evans believes that international soft law refers to any international document outside of a treaty that includes principles, norms, standards, or other statements of expected behavior in its content [24]. Sustainability is usually implemented through non-legally binding international soft law and public policies that include principles, norms, standards, and other expected behaviors.

Through the analysis of the four dimensions of analysis units, actors, goals, and implementation methods, we believe that sustainable development and sustainability are two completely different concepts and that there are significant differences between the two. They should not be confused or misused. The analysis unit of sustainability is a global ecosystem that includes ecological balance and the coordination of the atmosphere, oceans, rivers, and other ecosystems. The goal of sustainability is to prevent and address environmental issues such as air pollution, marine pollution, global warming, and ozone depletion. This is also the rightful meaning of green. Therefore, compared to sustainable development, sustainability is the theoretical basis for greenness.

2.3. The Emergence of Green International Rule of Law: The Connections and Interactions between Sustainability and International Rule of Law

As mentioned earlier, we have summarized the concept of international rule of law and inferred that sustainability is the theoretical foundation of greenness. What is the relationship between sustainability, international rule of law, and green international rule of law?

The connection between sustainability and international rule of law: The international rule of law requires countries and international organizations to abide equally and strictly by international law based on the United Nations Charter. As the theoretical foundation of greenness, sustainability also includes international soft law [16]. Sustainability and international rule of law are not isolated but are connected through international law. For example, national autonomous decision-making contributions to the Paris Agreement.

The interaction between sustainability and international rule of law: The subjects of compliance with the international rule of law are countries and international organizations. As the theoretical foundation of greenness, the actors of sustainability are international public organizations and nation states [16]. Sustainability and the international rule of law are not static but interact through countries and international organizations. For example, developed countries provide environmental protection funding and technical assistance to developing countries, while developing countries actively fulfill their greenhouse gas emission reduction initiatives.

The connection and interaction between sustainability and international rule of law constitute green international rule of law. Based on this, we can conclude that green international rule of law refers to countries and international organizations strictly adhering to international law based on the United Nations Charter, jointly formulating and implementing international environmental rules, exercising international environmental principles and legal rights with caution, and resolving international environmental infringement disputes in a peaceful and predictable manner to achieve global environmental sustainability.

Understanding international law as soft law, useful for informing parties, and sustainability as primarily environmentally focused allows the development of the concept of ‘green international law’. Green international rule of law would contribute to establishing the main international normative framework for consistency and collaboration on environmental matters across the different borders involved.

3. The Dilemma of Building a Sustainable Rule Framework for the New Western Land–Sea Corridor

The construction of a sustainable rule framework for the NWLSC is of great significance for ensuring the ecological security of transit countries, exploring green transportation corridors, and achieving global environmental sustainability. However, from the perspective of green international rule of law, the construction of a sustainable rule framework for the NWLSC faces the following challenges.

3.1. The Ability of Transit Countries to Ensure Ecological Security Is Limited

Green international rule of law requires countries and international organizations to abide by international law based on the United Nations Charter strictly. The United Nations Charter stipulates that the purpose of the United Nations is to maintain peace and security. Ecological security is its rightful duty. The International Organization for Ecological Security Cooperation defines ecological security as the dynamic process in which the environment (air, soil, forests, oceans, water, etc.) on which Earth’s living systems rely for survival is not destroyed or threatened.

In terms of constructing a sustainable rule framework for the NWLSC, transit countries have limited capacity to ensure ecological security. This is mainly reflected in the lack of environmental risk prevention mechanisms in transit countries. In addition, transit countries lack environmental protection and self-help capabilities. When an environmental disaster occurs in one’s own country, it may not be possible to self-rescue, but rather may be necessary to seek help from other countries. For example, in August 2020, a 4000-ton cargo ship flying the Panama flag ran aground off the coast of Mauritius, causing a large amount of oil pollution to spread to ecologically fragile protected marine areas. Mauritius, which relies on marine tourism as its national pillar industry, lacked environmental protection and self-rescue capabilities and was forced to declare a state of emergency and seek assistance from France.

The reason for this is that transit countries overlook the global characteristics of ecological security. In fact, ecological damage to a country can endanger neighboring countries and even global ecological security [25], for example, greenhouse gas emissions, ozone depletion, the discharge of nuclear wastewater into the ocean, international river pollution, sandstorms, etc. In addition, transit countries lack international cooperation on ecological security. As Olaf Dilling said, cross-border activities are increasingly affecting environmental law [26]. Relying solely on the efforts of a country cannot guarantee ecological security; international cooperation is required. It should be emphasized that transit countries lack the environmental protection funds, technology, and experience to ensure ecological security.

3.2. Insufficient Supply of International Environmental Protection Rules Based on Collective Efforts

The green international rule of law stipulates that countries and international organizations should jointly formulate and implement international environmental protection rules. International environmental regulations essentially belong to international public goods. International public goods refer to the extension and expansion of the concept of public goods in the international field, which refers to shared goods with costs and benefits that transcend the boundaries of a single country, across different generations, and across different populations [27]. With the serious trends of global ecological degradation, environmental damage, and climate change, international environmental regulations are more often being characterized by collective efforts. Scott Barrett defines collective efforts as not relying on a single entity but requiring joint efforts from multiple parties [28]. Therefore, collective effort based international environmental rules means that countries and international organizations should jointly participate in formulating and implementing international environmental rules based on the protection of the global ecosystem.

In terms of constructing a sustainable rule framework for the NWLSC, there is an insufficient supply of collective-effort-based international environmental protection rules. This is mainly manifested as a shortage of supply entities, limited to a few developed countries, such as Singapore. In addition, the supply content focuses on tax and fee reductions, such as the revised Green Ship Plan of the Singapore Maritime Green Initiative, which stipulates a reduction in registration fees for low emission ships, and the Notice on Strengthening the Singapore Maritime Green Initiative—Green Port Plan, which provides port fee discounts for ships using low-carbon or zero-carbon fuels. It should be noted that the supply methods are mostly joint statements, with relatively general and general content, lacking operability and enforceability. For example, the ASEAN Framework Agreement on Multimodal Transport, the ASEAN Framework Agreement on Facilitation of Transit of Goods, and the ASEAN Framework Agreement on Facilitation of Cross border Transport all lack environmental protection provisions. The 6th Lancang Mekong Cooperation Foreign Ministers’ Meeting in 2021 issued a joint statement on strengthening sustainable development cooperation among Lancang Mekong countries. The statement called for a strengthening of the connection with the NWLSC in the western region but lacked specific measures to achieve sustainability.

The principle of common but differentiated responsibility, based on the level of economic development, distinguishes between the obligations of developed and developing countries in addressing global climate change, although some scholars doubt whether the principle of common but differentiated responsibility truly exists [29]. However, this principle to some extent hinders the determination and action of capable developing countries to address global climate change and undermines the enthusiasm of developed countries to provide environmental protection funds, technology, and experience to developing countries.

3.3. Abuse of Environmental Protection Exceptions Creates Trade Barriers

Green international rule of law requires countries and international organizations to exercise international environmental protection principles and legal rights with caution. As an international environmental legal right established by the World Trade Organization (WTO), the environmental exception right refers to the vague provisions on environmental issues in WTO agreements, a lack of coordination mechanisms, and vague restrictive conditions. Countries can adopt some environmental policies as exceptions to promote free trade [30]. The essence of environmental exception rights is the product of the coordination between environmental protection and free trade. The WTO grants the rights to contracting parties and requires them to implement them according to local conditions.

In terms of constructing a sustainable rule framework for the NWLSC, transit countries abuse their environmental protection exceptions and arbitrarily restrict or even prohibit the international cargo transit transportation of requesting countries under the pretext of their own environmental protection. For example, anchorage not only helps ships to refuel, transfer, prepare for storage, wait for navigation, suspend operations, supply and replace crew members but also saves port and pilotage fees for shipowners. The increase in the number of anchor barges in the anchorage will inevitably lead to ship collisions, oil spills, and damage to the marine environment. Article 491 of the Malaysian Merchant Shipping Act 1952 requires the competent authority to be notified of anchorage in accordance with the requirements and for it to be approved by the former. However, this approval authority lacks restrictive measures and supervision mechanisms. Under the guise of protecting the marine environment, it arbitrarily restricts or even prohibits the anchorage of requesting countries’ transit ships, gradually developing into a trade barrier and even becoming a means and tool of economic sanctions.

The reason for this is that the environmental exception right itself has flaws; that is, it only focuses on environmental protection and lacks the necessary restrictive measures. When transit countries exercise environmental exception rights, their domestic laws lack supervision and constraint mechanisms. In addition, countries along the NWLSC lack legally binding international environmental treaties, making it difficult to properly coordinate the relationship between environmental protection and transit transportation.

3.4. Parallel Litigation for Environmental Infringement Triggers Conflicting Judgments

The green international rule of law stipulates that countries and international organizations should resolve international environmental infringement disputes in a peaceful and predictable manner. Peace requires the prohibition of the use or threat of force in international environmental infringement disputes and should be resolved through non-military means such as negotiation, litigation, arbitration, mediation, and reconciliation. Predictability requires that, based on current international environmental protection rules, dispute resolution methods, and environmental infringement practices, a relatively expected international environmental infringement dispute resolution result can be inferred. It should be emphasized that predictable solutions based on peace are the only legitimate and effective ones. Peace requires predictability in order to resolve the situation without any disagreements.

In terms of constructing a sustainable rule framework for the NWLSC, parallel litigation is not uncommon. Parallel litigation refers to the phenomenon in which parties file a lawsuit in two or more countries’ courts based on the same facts and regarding the same dispute [31]. For example, the infringed party often chooses to file a lawsuit in multiple national courts with higher environmental standards for their own interests. Alternatively, if the victim, as the plaintiff, files a lawsuit with the infringer as the defendant in a country with higher environmental standards, while the infringer files a lawsuit with the victim as the defendant in a country with lower environmental standards, this may result in conflicting judgments.

The reason for this is the lack of a unified international civil litigation jurisdiction system in the international community. Countries have adopted active jurisdiction and long-arm jurisdiction based on national interests, international status, and international discourse power, which has led to active conflicts in international civil litigation jurisdiction. The infringee selects a court based on their own interests to conduct parallel litigation, and the international community lacks mechanisms to restrict international parallel litigation. In a sense, a country’s judgment does not have international circulation and global recognition [32]. In addition, the international transportation of goods through the NWLSC lacks predictability, including unified environmental standards, liability recognition, and compensation limitations.

From the perspective of green international rule of law, analyzing the practice of the NWLSC, it can be concluded that the above four dilemmas essentially have a causal relationship. The limited ability of transit countries to ensure ecological security has led to insufficient supply of collective efforts based international environmental protection rules. As one of the contents of the collective effort international environmental protection rules, there is a lack of restrictive measures for environmental exception rights. The environmental exception rights without constraints and supervision are easily abused, and transit countries use environmental protection as an excuse to prevent free trade and form trade barriers. The infringed party maintains their legitimate rights and interests through environmental infringement litigation, leading to parallel litigation and ultimately triggering conflicting judgments. It should be emphasized that although the construction of a sustainable rule framework for the NWLSC is a complex and systematic project, the ecological security of transit countries, international environmental protection rules based on collective efforts, restrictive measures for environmental exceptions, and environmental infringement disputes are the key issues that need to be addressed in constructing a sustainable rule framework for the NWLSC. This provides the correct guidance direction for constructing a sustainable rule framework for the NWLSC.

4. Representative Achievements of Green International Rule of Law in International Freight Transport: An Examination and Comparison Based on International Organizations

As an important subject of green international rule of law, international organizations have actively explored the green international rule of law in international cargo transportation and have formed a series of representative achievements. This has important reference value and significance for constructing a sustainable rule framework for the NWLSC.

4.1. International Treaties: The International Maritime Organization Adopts a Package of International Conventions on Liability for Ship Pollution Compensation

As the primary source of international law, international treaties clarify the rights and obligations of contracting parties in written form [33]. In international maritime transportation practice, ship oil pollution is the greatest threat to the marine environment, and it is extremely important to clarify the responsibility for environmental damage compensation. To ensure the adequacy and predictability of compensation, the International Maritime Organization (IMO) passed the International Convention on Civil Liability for Oil Pollution Damage in 1969 and the International Convention on the Establishment of an International Oil Pollution Compensation Fund in 1971. The latter, while maintaining the same applicable ship and pollution source types, apportioned civil liability for oil pollution compensation to oil shippers.

With the rapid development of maritime transportation trade has come an increasing number of international ocean-going vessels, frequent leakages of toxic and harmful substances, and fuel pollution accidents. Improper operation, poor navigation conditions, and equipment failures are the main causes of fuel leakage in ships [34]. In 1996 and 2001, the International Maritime Commission passed the International Convention on Liability and Compensation for Toxic and Hazardous Substances in the Carriage of Goods by Sea (HNS) and the International Convention on Civil Liability for Fuel Pollution Damage. The former covers the liability system of shipowners (shipowner exemption system, shipowner compensation limitation system, compulsory insurance system) and the liability system of non-shipowners (compensation scope, HNS fund system). The latter applies to any type of seagoing vessel or marine vessel, carrying any hydrocarbon mineral oil used or intended for operating or propelling ships, and any residue of such oil, including lubricating oil, in pollution accidents.

4.2. General Legal Principles: The United Nations’ Principle of Protecting the Interests of the Weak in Innovation

The general legal principles in international law refer to legal principles that have been selected from rules that were formed a long time ago, and they are widely accepted [35]. In the field of international transportation, the United Nations promotes the principle of protecting the interests of the weak, integrating green elements such as low carbon, energy saving, and sustainability on the basis of people-oriented development. That is to say, the United Nations’ innovative principle of protecting the interests of the weak has dual attributes of being people-oriented and focusing on green development.

The United Nations adopts dual indicators of economic level and geographical location to distinguish the “weak” in international cargo transportation, namely landlocked developing countries, transit developing countries, least-developed small island countries, etc. The United Nations has clearly defined and protected its core interests. For example, United Nations General Assembly resolution 69/213 requires the establishment of efficient transit transportation systems for landlocked developing countries and supports private sector investment in the construction and maintenance of transportation infrastructure in the least developed countries. The United Nations also emphasizes the greening of transportation. For example, United Nations General Assembly resolution 72/212 stipulates that “transportation vehicles should reduce greenhouse gas, ozone depleting substances, and other pollutant emissions” and “optimize transportation systems using renewable energy, low-carbon technologies, and energy efficiency technologies”.

4.3. Judicial Precedent: European Court of Justice Ruling on the EU Aviation Carbon Tariff Case

As a pragmatist and leader in global climate governance [36], the EU is committed to fulfilling its greenhouse gas emission reduction commitments under the Kyoto Protocol, has launched the “EU Climate Change Plan”, and has passed the “Directive on Establishing a Greenhouse Gas Emission Quota Trading Mechanism within the EU”. In 1997, the Kyoto Protocol granted the authority to regulate aviation carbon emissions to the International Civil Aviation Organization, which did not make significant progress. EU Directive 2008/101/EC incorporates the aviation industry into the EU carbon emissions trading mechanism and requires that from 1 January 2012, the EU will impose carbon emission fees exceeding the quota on all aviation operators who arrive and depart from EU airports. Violators will be fined and even restricted from entering EU member states [37].

The American Air Transport Association, American Airlines, Continental Airlines, and United Airlines sued the European Court of Justice for violating the 1944 Chicago Convention, the 1997 Kyoto Protocol, and the 2007 US EU Open Space Agreement. The European Court of Justice holds that the European Union is not party to the Chicago Convention, and the provisions of the Convention do not have the effect of binding the European Union, excluding its application in this case. The Directive 2008/101/EC passed by the European Union to fulfill its emission reduction obligations does not violate the relevant principles of the Kyoto Protocol. The application of EU law does not affect the principle of freedom of overflight over the high seas. Therefore, existing international law cannot evaluate the effectiveness of EU Directive 2008/101/EC, and there are no factors that affect the effectiveness of Directive 2008/101/EC.

4.4. Evaluation and Analysis of Representative Models of Green Rule of Law in International Freight Transport

The IMO has broken the disadvantageous situation of fragmented and conflicting international ship environmental damage compensation rules through a package of international ship pollution compensation liability conventions such as the International Convention on Civil Liability for Oil Pollution Damage, forming unified, systematic, and standardized core rules such as pollution standards, liability determination, compensation subjects, and compensation limitations. As an international environmental protection rule, the international ship pollution compensation liability package convention not only protects the interests of victims, ship owners, and oil cargo owners but also to some extent prevents and reduces conflicting judgments caused by parallel lawsuits of international ship environmental infringement.

The principle of protecting the interests of the weak in the United Nations’ outlook reflects an evolution from distinguishing the weak to protecting them, and then moving towards green empowerment. This is not only a reflection of sustainability in the field of transportation but also an aid to landlocked developing countries, transit developing countries, least-developed small island countries, and least-developed countries. It is also an innovation and development of the principle of common but differentiated responsibilities and national independent contributions under the United Nations global climate governance framework.

The EU’s implementation of international aviation carbon tariffs has shortcomings in the allocation method of carbon emissions quotas, the setting of total quotas, and the determination of monitoring data as allocation benchmarks [38]. However, compared to qualitative indicators, quantitative indicators such as carbon emission quota allocation methods, total quota setting, and detection data as allocation benchmarks are more objective, accurate, and predictable. The European Court of Justice has ruled that the legality of the EU aviation carbon tariff case is not only an effective supply of international environmental rules but also a clear restriction on environmental exception rights to prevent the abuse of environmental exception rights and the creation of trade barriers.

Based on the above analysis, it can be concluded that in order to construct a sustainable rule framework for the NWLSC, we can draw on various forms of expression, such as international treaties, general legal principles, and judicial precedents. We can also cooperate with international organizations such as the International Maritime Organization, the United Nations, and the European Court of Justice. We can also selectively absorb representative achievements of green international rule of law in international cargo transportation.

5. The Chinese Plan for Constructing a Sustainable Rule Framework for the New Western Land–Sea Corridor

As one of the permanent members of the United Nations, a signatory to the Paris Agreement, and an advocate of the NWLSC, China should conscientiously abide by the United Nations Charter, fulfill the independent contribution mechanism of the Paris Agreement, selectively absorb and draw on the experience of international organizations such as the International Maritime Organization, the United Nations, and the European Court, and propose the following targeted and feasible Chinese solutions.

5.1. Establishing a Green Foreign Aid Mechanism for the New Western Land–Sea Corridor

The green foreign aid mechanism for the New Western Land–Sea Corridor refers to the international assistance provided by countries and international organizations to countries with fragile ecosystems and low environmental protection levels along the New Western Land–Sea Corridor in terms of environmental funds, technology, experience, and personnel. China should abide by the purposes and principles of the United Nations Charter, actively fulfill its obligations as a responsible major country, strengthen exchanges and cooperation with international organizations such as the United Nations, the WTO, the World Customs Organization, and IMO, and explore a green foreign aid mechanism for the NWLSC. There is a positive correlation between the export trade of donor countries and international climate aid [39]. China should actively support state-owned enterprises in providing green aid and trade to countries along the NWLSC, in accordance with the Measures for the Administration of Foreign Aid, and strengthen green investment in ports and ecological vessels [40]. In addition, China should pay attention to the protection of the local environment and wildlife. For example, when planning international railway routes, it is important to stay away from ecologically vulnerable areas in transit countries and to set up culverts along the railway for wildlife migration. China should call on the Asian Infrastructure Investment Bank to relax the conditions for infrastructure loans such as railways and ports, increase loan amounts, and reduce approval difficulties for the least-developed countries and regions along the NWLSC. China should leverage its ability to raise funds through green bonds, enhance positive incentives for investing in green bonds, and fully enforce legal responsibilities for violations such as greenwashing [41]. China should promote capacity building in the field of green finance and encourage financial institutions to strictly abide by the “the Belt and Road” Green Investment Principles when investing in countries along the NWLSC. China should attach importance to the complementary role of non-governmental organizations in the green foreign aid mechanism of the NWLSC.

5.2. Exploring the Autonomous Contribution Mechanism of Collective-Effort-Based International Environmental Protection Rules

The autonomous contribution mechanism of collective-effort-based international environmental protection rules refers to the international environmental protection rules that countries and international organizations should participate in the formulation and implementation of based on the protection of the global ecosystem, abandoning the limitations of the principle of common but differentiated responsibilities, and according to their own will and ability, through diversified methods and platforms. China should increase the number of entities supplying products, such as the state, international organizations, non-governmental organizations, civil society organizations, industry associations, etc. A platform that enriches the supply of products such as green transportation information-sharing websites, low-carbon transportation route planning and site selection research institutes, and green transportation technology exchange forums should be created, the supply of products should be enriched, and international environmental law principles should be incorporated into the law of the sea [42]. In addition, transit taxes should be reduced and high-quality transportation supporting services should be provided. Based on the pilot free-trade zone as a platform, and with distinctive functions such as pilot testing, overall planning, coordinated development, and replication and promotion [43], green transportation methods should be piloted, such as hydrogen fuel transportation, which helps to achieve zero carbon emissions. A green transportation equipment manufacturing industry demonstration park and a green port demonstration base should be built, promoting clean energy such as hydrogen fuel, etc. [44]. In addition, regular joint meetings on the international transportation of goods through the NWLSC should be held. Countries along the route will be able to propose environmental protection rules that need to be provided this year based on the practical situation of the international transportation of goods through the NWLSC, and they should be jointly discussed and demonstrated. The environmental protection rules recognized by the vast majority of countries will be fixed in the form of international treaties, and corresponding revisions will be made to domestic laws, which will be implemented first among the approving countries.

5.3. Adhering to the Principle of Mandatory Adherence to Treaties and Limiting the Abuse of Environmental Protection Exceptions

In response to the abuse of environmental protection exceptions by transit countries in the NWLSC to restrict the international transit transportation of goods by requesting countries, it is necessary to adhere to the principle of treaty compliance. A treaty is the basis for obligations between countries and should be complied with [45]. Justice contributes to the legitimacy and effectiveness of treaties [46]. The principle of treaty adherence requires the equal conclusion of treaties, good faith interpretations of treaties, and the faithful enactment of treaties’ terms. A treaty is a contract between countries [47]. This indicates that the contracting parties are equal, regardless of factors such as the economic level, international status, geographical location, political system, etc. The countries along the NWLSC have concluded the International Green Transport of Goods Treaty on the basis of peace, voluntariness, and equality, clarifying the rights and obligations of requesting and transit countries, as well as limiting measures for environmental protection exceptions. In terms of interpreting treaties in good faith, it is not possible to expand the interpretation of the ecological security and other aspects of the International Green Transport of Goods Treaty and to abuse the environmental exception rights and strengthen the norms of cooperation in this field. In terms of the faithful enactment of the treaty, the carrier shall strictly comply with the environmental laws, regulations, and rules of the transit country. If the carrier’s transit transportation behavior may cause environmental damage, the customs of the transit country may require the carrier to provide customs guarantees. Even under the premise of using customs guarantees, the customs of the transit country cannot guarantee that the requesting country’s carrier strictly complies with its customs laws and regulations, and the customs of the transit country can adopt a customs escort.

5.4. Constructing a Mechanism for Preventing and Resolving Environmental Disputes in the New Western Land–Sea Corridor

Undoubtedly, the establishment of a dispute resolution mechanism by the contracting parties is not only beneficial for the interpretation of the treaty but also reflects the original intention of the contracting parties and contributes to the implementation of the treaty [48]. Therefore, China should jointly build a diversified mechanism for environmental dispute prevention and resolution with countries along the NWLSC. China should shift from passive solutions to proactive prevention and should strengthen monitoring in areas with a high incidence of pollution accidents [49]. By collecting and analyzing cases of environmental infringement in international cargo transportation through the NWLSC, the influencing factors and weights of disputes can be summarized, and Guidelines for Preventing Environmental Infringement in International Cargo Transportation through the NWLSC have been produced and published. Advanced technologies such as cloud computing, big data, and the Internet of Things should be fully utilized, and the established China ASEAN Environmental Cooperation Information Sharing Platform should be relied upon to achieve information sharing and transparency in green transportation in order to prevent and reduce risks for international cargo transportation parties involved in the NWLSC. The Singapore Mediation Convention provides a global institutional basis for the implementation of settlement agreements reached through mediation [50]. Taking the entry into the enforcement of the Singapore Mediation Convention as an opportunity, we will incorporate mediation and establish a diversified environmental dispute resolution mechanism, including litigation, arbitration, mediation, and reconciliation. The court regularly releases cases of environmental infringement in the international transportation of goods through the NWLSC, for reference by relevant parties such as suppliers, multimodal transport operators, carriers, shippers, etc.

6. Conclusions

The international rule of law originates from the documents of the United Nations General Assembly. It refers to the strict adherence of countries and international organizations to international law based on the United Nations Charter, the predictable resolution of international disputes, and the establishment and maintenance of an international order for lasting peace and security, international cooperation and development, and human rights protection.

There is a significant difference between sustainable development and sustainability. Compared to sustainable development, sustainability is a theoretical basis for greenness.

The connection and interaction between sustainability and international rule of law form a green international rule of law. Green international rule of law refers to the strict adherence of countries and international organizations to international law based on the United Nations Charter, the joint formulation and implementation of international environmental rules, the cautious exercise of international environmental principles and legal rights, and the adoption of peaceful and predictable local solutions to international environmental infringement disputes in order to achieve global environmental sustainability.

Constructing a sustainable rule framework for the NWLSC, China should take the green international rule of law as guidance, establish a green foreign aid mechanism for the NWLSC, explore the Autonomous Contribution Mechanism of Collective-Effort-based International Environmental Protection Rules, adhere to the principle of treaty compliance to limit the abuse of environmental protection exceptions, and build a diversified environmental dispute prevention and resolution mechanism for the NWLSC.