On June 20th, Peking University School of Transnational law (STL) invited Jia Gui, a partner at a Global Law Firm, to give a lecture discussing STL graduates employment prospects.
In his talk, Jia Gui pointed out the key word characterizing the area of law he specializes in is change. His lecture touched upon various topics including the development and changes of domestic and foreign law firms in recent years, career prospects of law school graduates, what law school students should do in the course of their study, the career planning involved in entering a new law industry, and the value of the dual certification in the Chinese bar and another globally recognized foreign jurisdiction, be it the United States or the United Kingdom.
Later during the lecture, Jia Gui answered student questions to further their understanding of what it means to be a lawyer.
Jia Gui is a leading lawyer in the field of intellectual property litigation and is bar certified in both China and the State of California. He is also the first arbitration practicing lawyer in China to be appointed by the World Intellectual Property Organization.
On June 12th 2019, the First Circuit of the Supreme People’s Court held an administrative retrial case at STL. This event is the first of a series of activities titled “Open Court Hearing on Campus”, which was the result of a memorandum of cooperation that the two entities signed on April 13, 2019. Through the memorandum, the two sides decided to strengthen cooperation between them in an attempt to further enrich the students educational experience as well as infuse the Court with some fresh blood from one of China’s most elite legal schools.
The memorandum seeks to innovate the training mechanism for STL students in more than one way. For example, it allows STL graduate students to clerk with Circuit Courts. Moreover, it allows STL to routinely invite Judges to offer courses on trial practice. Not to mention that it also allows for carrying out legal education and judicial practice exchanges.
As for the benefits to the First Circuit of the Supreme People’s Court, the Court regards the “Open Court Hearing on Campus” as an opportunity to publicize judicial reform efforts while simultaneously promoting college education of law and the judicial practice. The combination of innovative talent cultivation mechanism under the rule of law achieves the win-win cooperation between the Supreme People’s Court and law school.
The event was received with a lot of enthusiasm. More than 70 teachers and students from STL attended the court hearing. The trial was also broadcasted live online through platforms such as Tingshen.Court.Gov.Cn and Sina Judicial Channel.
Under the tide of globalization, it is hard to exaggerate the import of such innovative educational opportunities that are bound to create an unprecedented caliber of legal professionals. STL is proud to be one of the schools involved with such an exciting project.
On May 24, 2019, STL Visiting Assistant Professor Danny Friedmann delivered the Jean Monnet Seminar at the University of Macau entitled ‘The Walled Gardens of Social Media in the Age of The Digital Single Market‘
The topic was about the new EU Directive (2019/790) on copyright and related rights in the Digital Single Market, which will have a huge impact on online content-sharing services, such as Facebook and YouTube, but also on copyright holders and users. Not only those stakeholders in the EU will be affected but those in other jurisdictions as well.
Professor Friedmann’s seminar focused in particular on the controversial Articles 13 (now Article 17) and 15. Article 17 abolishes the safe harbors and implements strict liability for the giant online content-sharing services. Article 15, compels online content-sharing services to pay for using excerpts from news articles with the goal of stimulating journalism.
Professor Friedmann also discussed the objective of the Directive to stimulate text and data mining (Big Data) by providing a mandatory exception for not-for-profit or public interest based organizations, such as universities, other research and cultural heritage institutions.
The new Copyright Directive, together with the earlier promulgated General Data Protection Regulation (2016/679), make it clear that the EU is trying to re-balance the information/data asymmetry between companies and users. Professor Friedmann also covered the EU’s sui generis protection of non-original databases, which makes it possible to exclude non-original databases from outside the EU from national treatment protection.
Professor Friedmann is an award-winning researcher and lecturer of Intellectual Property Law, especially trademark law, geographical indications and patent law.
（Professor Paulo Canelas de Castro of the University of Macau & Professor Danny Friedmann）
Peking University School of Transnational Law (STL), on PKU’s Shenzhen Graduate Campus, is the only law school in the world that combines an American-style Juris Doctor degree (J.D.) with a China law Juris Master degree (J.M.). STL provides an academically rigorous, bilingual program of legal education that prepares students for the mixture of Common Law, civil law, and Chinese legal traditions increasingly characteristic of the global economy.
We invite you to experience STL’s cutting-edge program by joining our 2019 Summer Honors Program (SHP). At SHP, you will be:
- Challenged in dynamic classroom discussions with STL’s leading multinational faculty and an elite group of fellow students with whom you will develop lifelong memories;
- Introduced to an entirely different way of thinking by STL’s unique method of instruction—the Socratic Method;
- Inspired by the exciting and diverse career paths of STL graduates and motivated by the drive and achievements of STL students and faculty;
- Empowered by the confidence you will develop as a result of expanding your cross-cultural awareness and understanding; and
- Welcomed by STL’s warm and open community.
July 31 to August 7, 2019 (includes visit to Hong Kong)
Peking University’s Shenzhen Graduate Campus located in Shenzhen, one of China’s most innovative and attractive cities.
Enrollment is limited to 110 students who will be divided into sections of 55 each.
A detailed schedule will be forthcoming. Past SHP activities have included interactive J.D. and J.M. classes taught in English and Chinese by STL’s distinguished multinational faculty; moot court competitions; discussion sessions with current STL students and STL graduates; and visits to leading Shenzhen-based companies (e.g., Huawei; Tencent Industries) and important government and judicial offices (e.g., Hong Kong High Court; Legislative Council).
- Junior students from key universities in China (mostly universities among the 985 or 211 project); academic performance at a level recognized for distinction is expected;
- Students from HK, Macau, Taiwan and abroad are welcome; non-Chinese citizen applicants must have a valid passport;
- High English proficiency assessed through TOFEL, IELTS, GRE, CET 4/6, TEM 4/8, or similar English-language tests;
- All undergraduate majors welcome.
- Please apply through the STL SHP online application portal before June 17, 2019.
- After applying online, please also send the electronic application materials to the following email: email@example.com. The title of the email should be “SHP Application: Applicant name + College name + College major.”
- Resume or Curriculum Vitae;
- Personal Statement;
- Academic Records: Official transcripts from all undergraduate and graduate institutions, and official degree certificates (original or notarized documents with English translations if documents are not in English).
- A copy of evidence of English Proficiency, or holds satisfactory TOEFL or IELTS score;
- Non-Chinese citizen applicants should submit a copy of evidence of Chinese Proficiency or a sample of written work in Chinese;
- A copy of passport or identification card.
Tuition and Scholarships
Tuition is 3000 RMB, which includes accommodation, insurance and Hong Kong visit expenses.
SHP students who enroll in STL’s full-time J.D./J.M. program in AY2020-21 will be awarded an “SHP Scholarship” of 3000 RMB during their first year.
Register for an online application at http://ss.pkusz.edu.cn/stlsmh before June 17, 2019.
Send all application materials via email to firstname.lastname@example.org before the deadline.
At the conclusion of SHP, students will be presented with a personalized “Certificate of Completion” from STL recognizing their successful participation in SHP. SHP students wishing to apply to STL’s J.D./J.M. program for admission in 2020 will be asked to submit a personal essay following the conclusion of SHP. The essay will be afforded substantial weight in STL’s admissions process.
For further information, please visit STL’s web site: http://stl.pku.edu.cn, or contact the Summer Honors Program Office at email@example.com.
STL Professor Sang Yop Kang was appointed as a new Research Member of the European Corporate Governance Institute (ECGI). Although its name contains “European,” the ECGI is the most prestigious “global” academic association in the area of the corporate governance. It provides a forum for debate and dialogue among academics, legislators and practitioners, focusing on exploring corporate governance issues.
The ECGI maintains closed membership. Research Members are world-leading scholars from various disciplines such as economics, finance, and law. Research Members also include Nobel Prize laureates. In mainland China, there are only two Research Members including Professor Kang (the other is an economist).
Sang Yop Kang is Professor of Law (full professorship with tenure) at Peking University School of Transnational Law. He teaches and researches in the areas of corporate governance, corporate law, law and economics (of corporate law and securities regulations), capital markets, financial market regulations, and East Asian economies and corporate law systems.
On Monday May 20, 2019, Professor Manjiao Chi from the School of Law at the University of International Business and Economics (“UIBE”) held a presentation at STL on China’s Foreign Investment Law. Later in the day, Professor Chi also had a joint presentation with STL’s Professor Mark Feldman, talking about Investor-State Dispute Settlement Reform and China’s Possible Policy Options. Both presentations were hosted by STL’s distinguished Professor Francis Snyder.
Manjiao Chi is a Professor and the Founding Director of the Center for International Economic Law and Policy (CIELP) at UIBE’s Law School in Beijing. He also holds visiting professorships and fellowships at a number of international organizations, leading law schools and institutions across the world. He frequently serves as arbitrator, expert and advisor in foreign related disputes.
Professor Manjiao Chi began by discussing China’s Foreign Investment Law (“FIL”) – the first national law of its kind since the economic reform in the late 1970s. FIL has been adopted by China’s National People’s Congress in March 2019. Professor Chi presented on the latest and boldest step China had made in its foreign investment governance regime. The presentation reviewed the making of FIL from a historical perspective, analyzed the major progress it had made and explored some potential defects that call for further law-making and implementation efforts.
Later in the afternoon, Professor Manjiao Chi and Professor Mark Feldman presented on the issue of investor-state dispute settlement (ISDS) reform and China’s possible policy options. This joint presentation provided an up-to-date discussion of the various aspects of the ongoing ISDS reform, as well as China’s possible position and consideration in this highly contentious issue.
As part of the 10th anniversary celebrations for Peking University’s School of Transnational Law (STL), a Sino-American Expert Forum on “Legal and Funding Issues for Successful Startups” was held in Shenzhen on Sunday December 2nd. The full-day program was organized by STL in partnership with University of California Berkeley Law School’s Berkeley Center for Law and Technology (BCLT). Speakers and panelists included world-leading academics, lawyers, venture capitalists and entrepreneurs.
The forum was officially held in the auditorium of Peking University HSBC Business School. Philip McConnaughay, Dean and Professor of STL, briefly reviewed the history of STL’s establishment and the progress which STL made during the past ten years. Wu Yundong, Chancellor of Peking University Shenzhen Graduate School and Academician of Chinese Academy of Sciences, emphasized the importance of startups and extended his sincere welcome to foreign experts. Erwin Chemerinsky, Jesse H. Choper Distinguished Professor of Berkeley Law, spoke highly of the forum and the rich discussions that took place between Chinese and American experts and scholars.
The first session was on “Entity Formation and Early Financing” and was moderated by Adam Sterling, Executive Director of Berkeley Center for Law and Business. The session began with David Thomas, Vice President of Industry Research and Analysis of Biotechnology Innovation Organization delivering his lecture on the special issues in biotechnology. Subsequently, Lin Lin, Assistant Professor of Law and Finance of National University Singapore lectured on private equity and crowd-sourced funding in China and Asia. Lastly, Liu Fang, Partner of Broad & Bright, as an expert in Corporate law in China and the United States, provided the Chinese perspective on the matter.
Before proceeding to the second session, Lu Shan, the Deputy Director of the Shenzhen United Propert and Share Rights Exchange, gave a very interesting talk on venture capital. The second session was on “Regulatory and Trade Issues”. Mark Cohen, Senior Fellow and Director of Berkeley Center for Law and Technology, lectured from the perspective of patent protection and mentioned the recent trade dispute between China and the US.
Under the theme of “Advanced Financing”, the third session was moderated by STL Professor Sang Yop Kang. Adam Sterling, the executive director of the Berkeley Center for Law and Business, launched the discussion by providing a general overview of the issue. He was followed by Professor Kang who presented unique insights on corporate governance and control issues. Finally, Ling Tong, a lawyer with FangDa, closed the session by providing the Chinese perspective on the matter.
The fourth session was moderated by Robert Merges, the Wilson Sonsini Goodrich & Rosata Professor of Law and Director of Berkeley Center for Law and Technology of Berkeley Law. Speakers in this session reflected on the varies means through which startups’ new ideas are protected. Li K, General Manager of Chinese Academy of Sciences Intellectual Property Investment Company, delved into the issue of IP investment. While Jeff Cao, Senior Researcher of Tencent Research Institute, and LI Binxin, Partner of Baker McKenzie/Fenxun complicated the discussion by providing varying Chinese perspectives. They affirmed the importance of innovation for startups and proposed constructive suggestions in fostering and protecting those ideas.
Subsequently, a very inspiring keynote speech on startups was delivered by Dong Shaoling, who is the CEO of RabbitPre and was named Forbes “Top 30 Under 30” in 2017.
Finally, the event ended after the fifth session on “Employee Issues” with inspiring talks by Robert Merges, the Wilson Sonsini Goodrich & Rosata Professor of Law and Director of Berkeley Center for Law and Technology of Berkeley Law and Zhu Shaobin, Partner of Morgan Lewis, as they shared their experiences in human resource management.
With more than 1000 people from all over the world registering to attend, the Forum was designed to foster a rich and creative discussion on the rapidly evolving field of startups in Shenzhen and Greater Bay Area.
Related News (in Chinese):
Shenzhen Special Zone Daily
Yangcheng Evening News
The International Court of Justice’s landmark February 2019 advisory opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius has been analysed by STL Assistant Professor Stephen Minas, in an article for the journal Transnational Legal Theory.
The advisory opinion from the ICJ is the latest in a long-running series of legal processes, which resulted from the United Kingdom’s separation of the Chagos Archipelago from Mauritius, prior to granting Mauritius independence as a sovereign nation. In its opinion, the ICJ concluded that as a result of the UK’s detachment of the Chagos Archipelago, the decolonisation of Mauritius remains incomplete.
In the article, titled “Why the ICJ’s Chagos Archipelago advisory opinion matters for global justice—and for ‘Global Britain’”, Dr. Minas placed the advisory opinion in the context of decades of prior litigation, including in the English courts and the Permanent Court of Arbitration, brought against the UK by both the Republic of Mauritius and by the displaced Chagossians, who want to return to their homeland. Dr. Minas discussed the potential significance of the opinion, both on the topic of decolonisation and more broadly.
In the STL course Advanced Transnational Law, taught during Quarter 3, Dr. Minas taught the series of Chagos-related litigation as an example of transnational legal process, involving multiple national and international courts and tribunals, and multiple areas of substantive law. Commenting on the synergies between teaching and research, Dr. Minas said: “The Chagos advisory opinion offered students an example of transnational legal process in action which implicated critical questions of legal interpretation and justice. At the same time, the discussions in class were of great benefit in prompting the development of the article. This is just one example of how research and teaching are deeply complementary activities.”
On May 9, 2019, STL Distinguished Scholar in Residence Susan Finder wa invited to speak in Hong Kong on Reforming How China Disciplines Judges at a one-day conference on Judicial Cooperation and Judicial Reform in China. The conference was jointly organized by the School of Law, City University of Hong Kong; Centre for Judicial Education and Research (CJER), City University of Hong Kong & EU-China Legal and Judicial Cooperation (EUPLANT).
Professor Finder spoke on the first panel in the morning session, which was devoted to examining China’s judicial reforms. The afternoon session focused on issues of judicial cooperation. She commented in the afternoon on the presentations on the China International Commercial Court. Other participants in the conference included senior judges from Shenzhen, Hainan and Zhuhai, scholars from all three Hong Kong law schools, and scholars based at Queen Mary College, London.
STL Visiting Assistant Professor Danny Friedmann was invited to write the editorial for the Journal of Intellectual Property Law and Practice (Oxford University Press).
The editorial is called Strict liability for OSPs vindicated in the age of omniscience (open access) and is about internet intermediary liability. Since 2010, Professor Friedmann has published several times about why safe harbors for online service providers in case of copyright and trademark infringements do not work. In the newly adopted EU Directive on Copyright in the Digital Single Market his vision of abolishing the safe harbor has been vindicated.