A new book on current developments in the law of the sea has been published by Brill, co-edited by STL Assistant Professor Stephen Minas. “Stress Testing the Law of the Sea: Dispute Resolution, Disasters & Emerging Challenges” is jointly edited by Professor Minas and H. Jordan Diamond, who is Co-Director of the Law of the Sea Institute at the University of California, Berkeley. The book examines key developments that are placing pressure on the current legal framework, which is centered on the United Nations Convention on the Law of the Sea. Part I of the book explores changing norms of marine dispute resolution in an era when the lines between private and public governance are continually shifting, while Part II explores emerging issues including climate change, disasters, and expanding energy exploration.
Professor Minas summarized the contribution of the book: “The combined effect of increasing competition for resources in the high seas, new technologies to exploit the ocean’s natural wealth and climate change are placing our ocean’s ecosystems under increasing strain. In this book, leading scholars and practitioners explore the application and adaptation of the law of the sea, including its substantive and dispute resolution elements, to meet these intensifying challenges.”
STL Professor Sang Yop Kang, scholar of corporate law and corporate governance, was invited to lead discussion at a workshop on “Business Transactions and Corporate Governance in Asia,” jointly held by National University of Singapore and Stanford Law School. Professor Kang presented and discussed on the Vanke-Baoneng takeover case and the hostile takeover regime in China.
A small number of leading scholars discussed a variety of corporate governance issues in Asia. Other participants include Professors from Stanford Law School, University of California Berkeley and University of Tokyo.
The potential for a new treaty to protect high seas biodiversity was on the agenda at the Ocean Law and Governance International Symposium on “Marine Scientific Research and the Law of the Sea”, which was held in Hangzhou during 26-27 October with participation from STL. The symposium was jointly organized by the Centre for Ocean Law and Governance/Guanghua Law School, Zhejiang University, and the National Collaborative Centre for South China Sea Studies, Nanjing University.
STL Assistant Professor Stephen Minas participated in the session on “Emerging Challenges to the Freedom of Marine Scientific Research”, with a presentation on the topic on marine technology transfer in a new international legally binding agreement on the protection of biodiversity in areas of the sea beyond national jurisdiction (BBNJ), which is currently being negotiated. Professor Minas discussed options for technology transfer through the new agreement, building on lessons learned from the technology programs of the UN Framework Convention on Climate Change, the Paris Agreement and the Convention on Biological Diversity. Professor Minas’ presentation drew on his recently article published in AJIL Unbound. Other speakers in the same session included Erik Franckx, Professor of International Law at Vrije Universiteit Brussel (VUB), QIN Tianbao, Professor at Wuhan University Institute of International Law, and Anastasia Telesetsky, Professor at University of Idaho College of Law.
The symposium was held as United Nations talks to establish a BBNJ agreement enter an important phase. An international preparatory committee on the new agreement delivered its report in mid-2017. Following this, an intergovernmental conference was convened to negotiate the new agreement, and held its first session in September 2018. Further negotiating sessions will be held in 2019 and 2020.
Professor Ray Campbell was one of the leading scholars to be invited to speak at the LexTech 2018 Conference, October 26 in Kuala Lumpur. Professor Campbell participated in a panel on “AI & BIG DATA: AI – POCALYPSE OR A NEW ERA,” and spoke on “AI Judges: The Minority Report or Jarvis?”. He focused on the use of AI in courts and mediation. Professor Campbell has written extensively about the changing dynamics of the legal profession and the role of innovation and regulation in the delivery of legal services.
LexTech 2018 aimed to drive legal technology adoption in the region and strengthen the regional legal technology community. This year’s event drew out the largest audience yet with over 15 sessions covering cutting-edge topics. The event created a unique opportunity for attendees to hear from, and meet with, industry leaders who are shaping the future of this legal field.
On October 14, 12 alumni representatives from different classes assembled in Shenzhen for STL’s first Alumni Advisory Board meeting. Established last year, the Alumni Advisory Board is an important advisory forum that represents the interest of alumni, and connects STL and alumni with STL’s progress. Dean Philip McConnaughay and STL’s senior administrative team made presentations and responded to questions and suggestions during the meeting.
STL’s administration provided detailed reports on developments and achievements in admissions and student recruiting, J.M. and J.D. curriculum development, faculty appointments, career placement, communications, international programs and exchanges, fund-raising, the creation of new opportunities for STL graduates access to U.S. bar examinations and admission to practice, and the recognition of STL’s 10th Anniversary.
The Advisory Board weighed in with many valuable suggestions regarding all of these matters, and with specific commitments to help – and enlist other alumni to help – with all law school objectives. The Board and STL administration are planning a major 10th Anniversary celebration weekend for Spring Semester 2019.
STL hosted 2018 Admissions Open House for prospective law students all over China on October 13. The Open House offered interested students a unique opportunity to experience STL’s cutting-edge dual degree J.D./J.M. program of education.
The full day program included the welcome ceremony by Dean Philip McConnaughay and the J.D. class. Students also participated a lecture on Challenges and Benefits of Learning Common Law and Civil Law Simultaneously by J.M faculty and a discussion panel with current STL students.
For more information on the admission process or future Open Houses at STL, please follow us on Wechat or contact email@example.com.
On September 16-17, Professor Mark Feldman was invited to attend the 2018 China Arbitration Summit in Beijing. The Summit was co-organized by the Supreme People’s Court of China, the United Nations Commission on International Trade Law (UNCITRAL), the China Council for the Promotion of International Trade, as well as the China International Economic and Trade Arbitration Commission (CIETAC). It is one of the most influential gatherings in the field of international commercial arbitration.
In celebrating the New York Convention’s 60th anniversary, the Summit aimed to reflect on the legacy of international dispute resolution mechanisms of enforcement available hitherto. Moreover, it sought to examine the prospect of diversifying and internationalizing dispute resolution mechanisms and exploring the ways in which the integration of different legal cultures has impacted dispute resolution.
Professor Feldman participated in a panel entitled Retrospect and Prospect: 60th Anniversary of New York Convention. The Panel was moderated by Anna Joubin-Bret, Secretary of UNCITRAL. Other panelists included Shen Hongyu, Presiding Judge of Supreme People’s Court of China, Kap-You (Kevin) Kim, Vice President of ICC International Court of Arbitration, Leng Sun Chan, Deputy Chairman of Singapore International Arbitration Center, Roman Zykov, Secretary General of Russian Arbitration Association, Emmanuel Jacomy, Partner of Shearman & Sterling LLP, and Matthew Richardson, Partner of Alston & Bird LLP.
In his talk, Professor Feldman addressed the question of whether there have been any major developments with regards to international dispute resolution and enforceability over the past ten years, since the 50th anniversary of the New York Convention. He concentrated on two significant developments, namely, (1) the entry into force of the Hague Convention on Choice of Court Agreements in 2015, and (2) the shifts towards greater institutionalization as demonstrated by the EU’s establishment of an Investment Court System as well as the launch of international commercial courts in jurisdictions including Dubai, Abu Dhabi, Singapore, and China. Professor Feldman observed that for states pursuing greater institutionalization to resolve international disputes, there currently are two options available with respect to enforceability: first, testing the outer limits of the New York Convention, and second, seeking to advance the existing regime for enforcement of foreign judgments. Professor Feldman concluded that China and Singapore, by pursuing “option two” with respect to their recently-launched international commercial courts (seeking to advance enforceability of foreign judgments), ultimately are supporting the New York Convention by not testing its outer limits.
Professor Feldman is a leading scholar of international investment law and investment arbitration. Recently, he has been appointed by the Geneva Center for International Dispute Settlement (CIDS) to serve as a member of the CIDS Academic Forum on Investor-State Dispute Settlement.
Sang Yop Kang, Professor of Law at STL, was invited to present on his work at an international conference, “Pioneering a Trans-Pacific Vision in Corporate Law and Capital Market Law,” held at Seoul National University School of Law.
Professor Kang’s presentation was titled “Hostile Takeovers in China.” It was based on his draft on the Vanke case and the Chinese takeover mechanisms. In his presentation, Professor Kang discussed the episode of Baoneng Group’s hostile takeover attempt of Vanke and delved into several corporate governance issues in relation to the Vanke-Baoneng case. First, Professor Kang analyzed the relationship between ownership structures and hostile takeover attempts. He also considered, in the Chinese context, the (in)efficiency of the market for corporate control as well as the role of a white-knight. In addition, he examined the significance of the insurance industry and companies in the Chinese M&A market and the suspension of stock trading as a defensive tactic. Furthermore, Professor Kang elaborated on the comparative analysis of the issuance of new shares and a poison pill strategy. Also, he evaluated the financial regulatory system in China and explored a variety of political implications that the Vanke case and Chinese takeovers may bring.
Professor Kang teaches and researches in the areas of corporate governance, corporate law, law and economics, capital markets and financial market regulations.
STL Professor from Practice Thomas Y. Man received a Distinguished Service Award from Indiana University at the Indiana University 2018 Alumni Conference & Reunion held in Beijing, September 22, 2018. Professor Man obtained a J.D. degree from Indiana University’s Maurer School of Law in 1997. He is a member of the inaugural Dean’s Global Advisory Board of the Maurer School of Law. Indiana University President Michael A. McRabbie and Dean Austen Parrsh of Maurer School of Law presented the award to Professor Man at the IU China Bicentennial Alumni Gala and Recognition Ceremony. Professor Man is one of the two recipients of the inaugural Distinguished Service Award, along with Curt A. Ferguson, President of The Coca-Cola Company – Greater China and Korea.
In connection with the conference, Professor Man also spoke as a panelist at a penal discussion titled “The Changing Global Legal Profession: Society and Impact” and attended the Maurer School of Law Dean’s Global Advisory Board meeting.
In the summer of 2018, Stephen Minas, Assistant Professor at STL, participated in several European forums on energy, trade and investment law.
At the University of Split in Croatia, Professor Minas participated in the Energy Community’s Summer School program. The Energy Community is an international organization established by treaty. Its mission is to integrate the European energy market through harmonizing the legal framework in the areas of energy, the environment, and climate change. The annual Summer School is an intensive training week for young leaders focusing on European energy sectors in transition. In tackling this subject, the training covers, among other things, European energy policies, laws, and markets.
Similarly, at the School of Law at Queen Mary University of London, Professor Minas participated in a Jean Monnet Chair Workshop on international trade, investment and the rule of law. Named after one of the European Union’s founders, the Jean Monnet Chair program has been created to help bolster teaching and research on EU matters. The workshop was co-hosted by the Leuven Centre for Global Governance Studies.
At the workshop, Professor Minas delivered a presentation titled “A ‘New Era’ for Sustainable Investment? Environmental Standards in the Belt and Road Initiative, Asian Infrastructure Investment Bank and New Development Bank”. He also chaired a panel on Corporate Social Responsibility (CSR), which included presentations on institutional investors, CSR in trade and investment, and transnational labor law.
Research assistance was provided for Professor Minas by two of STL’s capable students, Wei Chanchan and Zhang Min.