Professor Norman P. Ho has been appointed a Visiting Fellow at the Asian Law Institute (“ASLI”) of the National University of Singapore Faculty of Law (“NUS Law”). As a Visiting Fellow, Professor Ho will spend approximately two months in residence at NUS Law pursuing his research, attending workshops and meetings, and contributing with seminars for the NUS Law community. Professor Ho is one of a select number of scholars from ASLI member institutions to be awarded the fully funded fellowship.
Professor Ho’s research focuses on legal theory and legal history, with an emphasis on premodern China, comparative jurisprudence, and property theory.
Students in STL’s Small Business Entrepreneurship Clinic successfully secured a patent for their client, Urban Forest (都市之森), a new company based in Shenzhen. The patent was for a newly designed inflatable travel pillow. Three students assisted with the matter: Zhao Jiangyun ’18, He Yimin ’18 and Qi Xin ’18.
The Small Business Entrepreneurship Clinic, directed by Visiting Clinical Lecturer Yuan Peihao, is designed to provide upper-level students with practical experience in legal research, advocacy, client counseling, and transactional practice. The Clinic focuses on advising Shenzhen-based small business entrepreneurial ventures on the wide range of business organization, intellectual property, and other regularly and personal (family law) issues that typically accompany the ramp-up effort of new businesses. The Clinic commenced operations in AY 2015-16.
“The Small Business Entrepreneurship Clinic has provided me with a unique platform, which enables me to put theories into practice. As I work on real-life cases in the Clinic, my sense of the responsibility of being a lawyer has been enhanced and my professional skills have been improved,” said He Yimin.
STL is a leader in teaching lawyering skills. The law school offers novel legal services clinics in which students work directly with clients under the supervision of an experienced lawyer, supervised externship opportunities for students during which students work with law firms and NGOs for academic credit, and J.D./J.M. curriculums rich with courses that focus on skills as well as theory.
STL’s 2016 WTO Moot Court Team won Best Written Submission and swept the Best Oralist Awards, earning Team Second Prize overall, at the Fifth Annual China WTO Moot Court Competition in Beijing on December 17-19, 2016. This year’s team is composed of four students: Kou Shangyangzi ’18, Wang Fengyang ’19, Zhang Jiayue ’19, and Zhang Xi ’19. Jiang Shan ’17 serves as the student coach.
The China WTO Moot Court Competition is jointly sponsored by the Ministry of Commerce of the People’s Republic of China (MOFCOM) and two distinguished Chinese law schools. This year, sixteen teams from leading law schools across China participated in the Competition. STL’s team prevailed over teams from Southwest University of Political Science and Law and Wuhan University in the preliminary rounds, during which team members Zhang Xi and Zhang Jiayue earned individual distinction as Best Oralist for the Complainant and Best Oralist for the Respondent, respectively. The team’s superior written work throughout the Competition earned them the Best Written Submission Award, and earned student coach Jiang Shan the honor of Best Coach for Written Submission.
“Competing in the WTO Moot Court has deepened my understanding of anti-dumping, an issue that often involves China. Advocating before the expert judges and communicating with them outside of the courtroom increased my awareness of and respect for WTO practitioners and their vision for China’s greater role in the stage of international trade,” remarked Zhang Xi.
Wang Fengyang mentioned the team’s great advantage in legal reasoning and argumentation, which she attributed to STL’s unique legal education and teaching methodology. She also enjoyed “the unique team dynamics” and the memorable experience of competing side-by-side with her teammates.
The next stop for the WTO team is Singapore, where they will compete in February at the Asia-Pacific Regional Round of the ELSA WTO Moot Court Competition. The Regional Round will be contested by teams from Singapore, Australia, Bangladesh, Taiwan, Hong Kong, India, Malaysia, Philippines, Korea, and several other countries.
(Special thanks to WTO student coach Jiang Shan for contributing this news.)
On December 12, 2016, STL’s Peking University Transnational Law Review was invited to participate in the “Symposium on the Development of English-Language Legal Journals in China,” hosted jointly by China Legal Science and Frontiers of Law in China. The Symposium was held at Renmin University School of Law in Beijing and included more than 50 invited scholars and editors from leading law schools, publishing companies and well-known China-based legal journals. The Peking University Transnational Law Review was represented by its Editor-in-Chief, 3L student Zheng Xinjia, and faculty advisors, Professors Ray Campbell and Sang Yop Kang.
The Symposium marked the first time that China-based English-language legal journals came together to discuss their shared missions of promoting international perspectives of legal theory and practice and of contributing to global academic discourse.
The Peking University Transnational Law Review was founded in 2011. It is a student-run journal devoted to publishing scholarly articles about transnational law topics.
Building on Peking University School of Transnational Law’s (STL) tradition of exceptional performance in the CIETAC Cup, the school’s 2016 Vis International Commercial Arbitration Moot team placed third out of forty-six teams from across China. From November 21–25, four students, Cai Jinlan ‘18, Guo Xin ‘18, Qin Shijie ‘19, and Zhou Rongyu ‘19, competed for the Cup in Beijing. A former best oralist and CIETAC champion, Yu Yadian ‘17, assisted as a student coach.
During the preliminary round, each of the students argued twice as pairs before panels of three arbitrators on behalf of either Claimant or Respondent. Based on their cumulative scores, the students advanced from the preliminary round in second place. The team went on to prevail over Shantou University in the quarterfinals, in which Zhou Rongyu won a best oralist award. STL then lost to Tsinghua University, the ultimate champions, in the semifinals.
The CIETAC Cup is sponsored by the China International Economic and Trade Arbitration Commission (CIETAC). Conducted entirely in English, the CIETAC Cup uses the same case problem as the international Vis competition, focusing on the United Nations Convention on Contracts for the International Sale of Goods, and simulates actual arbitral hearings.
Since it first entered the CIETAC Cup in 2013, STL has earned a reputation as a top competitor. Indeed, STL’s Vis team won the Championship in 2013 and 2014. Like this year, the 2015 team placed third. STL’s track record of success has made it a popular team to watch. As Cai Jinlan noted, “When numerous people were flooding into the room in order to watch our school, I was so proud of STL.”
For prior two-time CIETAC competitor Guo Xin, the process was about more than simply winning or losing; it was about personal development. Performing better than she ever had before, she remarked, “The best part of this is you finally know how much you’ve learned in STL.” Zhou Rongyu echoed her sentiment: “When I started preparing for Vis, I didn’t even know what arbitration was. I feel really grateful when I look back at the things I’ve learned, and I really appreciate the support from my coach and school.”
Zhou Rongyu was not alone in praising the school’s unending support of its moot court teams, which includes both financial support and close cooperation with faculty to refine essential knowledge and skills. To this end, each of the students had long lists of STL professors to thank for training and helping to work through tough substantive issues. More than just a group effort, the team’s success truly relies upon a school-wide culture that emphasizes teamwork and intellectual curiosity.
In the words of Qin Shijie, “When my partner and I were completely composed navigating through myriads of hard questions bombarded from renowned scholars, arbitrators, and ex-world champions of Vis, I suddenly realized how well STL’s everyday rigorous training had prepared us for the competition, and how far I had come since I entered this innovative law school. Studying at STL is one of the very best choices I have made in my life. The experience with CIETAC Cup is just one more proof to this conviction.”
Recipient of the Outstanding Contribution Award, Yu Yadian applauded the students for their ability to balance the competition and STL’s heavy workload. Remembering her own participation in Vis, she also spoke of the competition’s intangible rewards: “This experience is much more than a few rounds of oral arguments and a mountain of documents, and I am sure it will benefit them in a profound way, as it has benefitted me.”
As faculty coach to the team, it is worth stressing that, in addition to displaying superior intellect and skill in the rounds, the students conducted themselves as noteworthy outside the moot court room. With both students from other schools and arbitrators, they were respectful, cordial, and warm–in short, all that I have come to expect from STL. It has been wonderful to coach such dedicated and inspiring students, and I often feel I ended up learning more from them than they did from me. I will never forget the memories we shared together, from staying up late in the hotel to learn the results from the preliminaries, to hearing the decision in the semifinals. The students are what make teaching at STL a magical experience.
Although certainly deserved, there is little time for rest. The students already have their sights set on April when they will travel to Vienna to compete in the Vis International Commercial Arbitration Moot. Cai Jinlan is looking forward to “another amazing journey to Vienna,” and Zhou Rongyu anticipates even more fun in Europe. Speaking for the team, Qin Shijie summed up the entire experience as an “unparalleled adventure” that the team takes together.
That adventure has just begun.
(Special thanks to C.V. Starr Lecturer and Vis Team Coach John Aycock for authoring this news.)
STL Distinguished Scholar in Residence, Susan Finder, a leading expert on China’s judicial system, recently was interviewed about transparency in the Chinese legal system. The text of the Q&A is available here. Professor Finder is the author of the Supreme People’s Court Monitor, a widely read blog focused on issues related to the People’s Supreme Court and Chinese judicial reform.
On November 16 and 17, STL hosted Professor Robert Merges, the Wilson Sonsini Goodrich & Rosati Professor of Law at the University of California, Berkeley. Professor Merges, a distinguished scholar of intellectual property law and policy and co-founder and co-director of the Berkeley Center for Law and Technology, delivered a public lecture on “Intellectual Property and Economic Development” and was a guest speaker in STL Professor Joy Xiang’s Patent Law class. He also met with members of STL’s student-run Intellectual Property Association.
Professor Merges has been a visiting professor at Harvard and Stanford Law Schools, and he previously was on the faculty of Boston University School of Law. He holds a B.S. from Carnegie Mellon University, a J.D. from Yale University, and LL.M and S.J.D. degrees from Columbia University.
Peking University Transnational Law Review has completed its AY2016-2017 selection process for member editors and a new executive board.
The Law Review is pleased to introduce its 2016-2017 Executive Board:
Zheng Xinjia, Editor-in-Chief
Li Changhong, Executive Editor
Yuan Ziyan, Executive Editor
He Pei, Managing Editor
Zhu Liusheng, Managing Editor
In addition, thirteen 2L students were selected to join the Law Review this year, based on a combination of first-year grades and Review Selection Examination scores that assess each candidate’s abilities with respect to legal translation, blue-booking and formatting. The thirteen junior editors are: Cai Jinlan, Fang Li, Guo Xin, Ma Jialing, Qin Shijie, Pan Danyang, Ren Yuewei, Sun Boxuan, Wang Fengyang, Wang Menglan, Wang Yue, Wen Shuke and Zhang Xi.
About Peking University Transnational Law Review
Founded in 2011, Peking University Transnational Law Review is the first English-language based, student-edited journal in China that aims to promote legal scholarship with a special focus on comparative law and transnational law topics. Published twice a year, the Law Review presents articles authored by professors, judges, student members, and others in the legal profession. To date, the Law Review has published four volumes and six issues, which are accessible through a number of well-known legal databases, including HeinOnline, Lexis China, Chinalawinfo and Cujas library.
Professor Sang Yop Kang was an invited speaker at the 21st Century Commercial Law Forum, 16th International Symposium, hosted by Tsinghua University Law School, October 29-30, 2016. The theme of this year’s symposium was, “Corporate Restructuring: Law and Practice.” Professor Kang delivered remarks on “Takeover Defense Mechanisms of Korea.” Since 2001, the annual 21st Century Commercial Law Forum has gathered distinguished corporate law scholars, practitioners and policymakers from throughout China and the world to engage in high-level academic discussions on a wide range of commercial law topics.
On November 2, 2016, Professor Kang was invited by Renmin University School of Law to deliver a lecture on his article, Rethinking Self-Dealing and the Fairness Standard: A Law and Economics Framework for Internal Transactions in Corporate Groups, which will be published in a forthcoming issue of the Virginia Law & Business Review.
Professor Kang is a scholar of corporate law and governance, securities regulations, law and economics of corporate and capital markets, law and finance and Chinese economic polices. His research is published in leading academic journals including, for example, his article, “Generous Thieves”: The Puzzle of Controlling Shareholder Arrangements in Bad-Law Jurisdictions, which was published in the issue of the Stanford Journal of Law & Finance. Professor Kang teaches courses on corporate governance from the global perspective, economic analysis of corporate law, corporate and financial markets, and East Asian economic structures in STL’s innovative dual degree J.D./J.M. curriculum.
4L student Jiang Shan has returned to STL following a several month externship with the World Bank’s International Centre for the Settlement of Investment Disputes (ICSID) in Washington D.C. STL is a leader in providing academic credit for superior temporary professional placements for STL students.
Jiang Shan shares insights about her experience in the following interview (in Chinese).