The Peking University Transnational Law Review recently published Volume 3, Issue 1 (2015). The Issue includes articles on foreign-Chinese joint ventures, challenges in China-ASEAN food safety cooperation, a study of the investment contract terms and level of control of China’s sovereign wealth funds, VIEs in the context of foreign investment regulation in China, and VIE-structured enterprises in China’s domestic capital market. The Issue is available online by clicking here.
The Issue also includes a special interview with Professor Harold Koh, one of the world’s leading scholars of public international law, who visited and lectured at STL last year. Professor Koh, the Sterling Professor of International Law at Yale Law School, previously served as Legal Advisor to the United States Department of State, as Assistant Secretary of State, and as Dean of the Yale Law School.
The Peking University Transnational Law Review is a student-edited English-language journal with worldwide readership devoted to publishing scholarly articles about transnational law topics. Founded in 2011, the Law Review already has published several articles that have received international acclaim. A Study of the Risks of Contract Ambiguity, authored by STL Distinguished Visiting Professor Preston Torbert, for example, was one of the top ten most downloaded articles in the fields of Contracts, Commercial Law, and Securities Law on the worldwide Social Sciences Research Network (SSRN), the leading digital network for scholars and practitioners. The Law Review is published in hard copy and is available on-line in several of the world’s leading academic databases, including HeinOnline, Chinalawinfo, Westlaw, LexisNexis, and CNKI.
Professor Sang Yop Kang was an invited speaker at the 21st Century Commercial Law Forum, Fifteenth International Symposium, hosted by Tsinghua University Law School in Beijing on October 31 – November 1, 2015. Professor Kang’s presentation was titled, “Dilemma of Independent Director System in China: 橘化爲枳?”
Since 2001, the annual 21st Century Commercial Law Forum, has gathered renowned experts, scholars, and practitioners from throughout China and the world to engage in high-level academic discussions on a wide range of commercial law topics, including protection of investor interests, reform of Company Law, commercial law developments in China and the United States, company autonomy, and government regulation. The Forum has become an important symposium for constructive exchange between commercial law scholars and practitioners around the globe.
STL visiting professor Preston Torbert delivered a lunch-time lecture on October 29, 2015 on “Challenges of Hong Kong’s English-Chinese Bilingual Legislation.” Professor Torbert is the former head of Baker & McKenzie’s China practice. He has written extensively about drafting English-Chinese bilingual contracts, including A Study of the Risks of Contract Ambiguity, which was featured in The Peking University Transnational Law Review (2014). The article was one of the top ten most downloaded articles on SSRN in the fields of Contracts, Commercial Law, and Securities Law. Professor Torbert has been a long-time visitor at STL. He currently teaches the J.D. elective course, “Ambiguity – The Problem of Bilingual Contracts.”
STL alumnus Liang Shaoqing (Class of 2013) was featured in the Jinchang Daily (金昌日报) on October 20, 2015. Please find the news article (in Chinese) here.
On October 28, STL’s Society of Women in Law (SWL) hosted a panel discussion on Gender Discrimination in the Workplace. The panel included STL Professors Stephan Jaggi, Gina Pak, William Moriarty and Zhang Lining, each of whom shared their opinions about the topic and offered advice for identifying and challenging gender-based bias and discrimination in the workplace. The discussion also examined how gender stereotyping impacts the achievement of gender equality in various areas.
SWL, the first of its kind in a Chinese law school, is a student association dedicated to (i) promoting the academic, personal and professional development of women law students, and (ii) encouraging thoughtful discussion of issues related to gender, law and society. SWL furthers these goals by hosting a speaker series, providing mentoring and academic and career development workshops, and connecting students with other organizations in the community focusing on women’s issues. SWL is open to all law students.
Professor Nitzan Shilon presented his working paper, The Case for Managerial Signaling in Deciding Hostile Takeovers, at the 25th Annual Meeting of the American Law and Economics Association (ALEA), which was held on May 15-16 at Columbia Law School. Professor Shilon served as the panel chair of the “Mergers, Acquisitions & Takeovers” session. The panel included the notable Professor Lucian Bebchuk from Harvard Law School and Professor Xiumin Martin from Washington University in St. Louis. Professor Kathryn Judge from Columbia Law School served as the discussant for Professor Shilon’s paper presentation.
ALEA is dedicated to the advancement of economic understanding of law and related areas of public policy and regulation. The association serves to promote research in law and economics and contribute to the growing acceptance of legal and economic perspectives by judges, practitioners, and policy-makers. The association was co-founded in 1991 by George Priest, A. Mitchell Polinsky, and Steven Shavell.
Dean Philip McConnaughay was one of four keynote speakers at the plenary session of the Annual Meeting of the European Law Faculties Association (“ELFA”) in Istanbul, Turkey on April 17. Dean McConnaughay’s address was titled, “Experiments with Legal Education in China: One Step Ahead of the EU and U.S.?” The other keynote speakers were The Hon. Marc Jaeger, President of the General Court of the European Court of Justice, Professor Leo Martinez, outgoing President of the Association of American Law Schools, and Professor Erika Techera, Dean of the University of Western Australia Faculty of Law. STL has joined ELFA as an Affiliate Member.
Read the Dean’s remarks by clicking here.
Development and Career Services Office organised a visit to the First Circuit of the Supreme People’s Court in Shenzhen on 22 April, 2015. Deputy Chief Judge Zhou Fan, Judge Liang Xiangyang, Presiding Judge Huang Jinlong, and Assistant Judge Chen Hongyu welcomed the group of faculty, staff and students.
Judge Liang Xiangyang introduced the First Circuit Court’s court rooms and facilities to the group. After that, Judge Zhou Fan introduced the background of establishing the First Circuit Court, its jurisdiction, staffing, organizational structure, facilities etc. Director of STL Development and Career Services Office, Zhang Chenli and Professor Jin Zining briefly introduced STL to the judges. Impressed by STL’s unique legal education, Deputy Chief Judge Zhou Fan and other Judges further learned STL’s curriculum and placement. In the end, students also got the opportunity to ask their questions to the judges as well.
With the visit, the group learned more about the First Circuit Court of the Supreme People’s Court. Meanwhile, it opened the door for further cooperation and interaction between STL and the First Circuit of the Supreme People’s Court.
STL Dean Philip McConnaughay served as a panelist with respect to “The Rule of Law in China’s Free Trade Areas” at the first “China Free Trade Zone Arbitration Forum” on April 10, in Qianhai, sponsored jointly by the South China International Economic and Trade Arbitration Commission (Shenzhen Court of International Arbitration) and the Authority of Qianhai Shenzhen Hong Kong Modern Service Industry Cooperation Zone.
Other speakers and guests included The First Circuit Court of The Supreme People’s Court Chief Justice Liu Guixiang, The Civil Fourth Court of Supreme People’s Court Chief Justice Luo Dongchuan, The Authority of Qianhai Chief Director Zhang Bei, the Chairs of the Arbitration Commissions of Shanghai, Guangzhou, Tianjin and Zhuhai, STL Professor Thomas Man, and STL Assistant Dean Chen Keru.
The forum was held to advance China’s national strategy of “One Belt and One Road” and expanding China Pilot Free Trade Zones (“FTA”). The forum explored how international arbitration serves the FTA commercial legal environment. The meeting established the China FTA Arbitration Cooperation Alliance.
Professor Mark Feldman has been appointed to the E15 Task Force on Investment Policy, sponsored jointly by the World Economic Forum (WEF) and the International Center for Trade and Sustainable Development (ICTSD). The Task Force, led by Dr. Karl P. Sauvant, founding executive director and current senior resident fellow at Columbia University’s Center on Sustainable Investment, is made up of distinguished investment and trade law and policy experts from academia, international organizations, and business. The first meeting of the Task Force was held March 23-24 in Geneva, Switzerland.
The Task Force is part of the broader E15 Initiative, which aims, through non-partisan expert-led multi-stakeholder dialogue, to generate strategic analysis and recommendations for government, business and civil society geared towards strengthening the global trade system.
Professor Feldman’s appointment to the E15 Task Force on Investment Policy reflects his status as of one the leading scholars of international investment and treaty arbitration. Before joining STL, Professor Feldman served as Chief of NAFTA/CAFTA-DR Arbitration in the Office of the Legal Advisor at the United States Department of State, where he represented the United States in more than a dozen investor-State disputes. He currently co-directs the Pearl River Delta Academy of International Trade and Investment Law and serves as a member of the Institute for Transnational Arbitration’s Academic Council and as a Global Associate of the National University of Singapore’s Centre for International Law. Professor Feldman teaches Contracts, International Business Transactions, and Treaty Arbitration in STL’s innovative J.D. curriculum.