From February 23-24, STL stood out at the First China International Economic and Trade Arbitration Commission (CIETAC) Investment Arbitration Moot in Xi’an. The team, formed of four 2L students, Cheng Jinghui, Huang Mingyu, Wang Yueying and Zhang Huanglan and coached by STL C.V. Starr Lecturer Louis Zhou, won the Team Tier One Award, Best Advocate (Zhang Huanglan) and Advocacy Award of Merit (Wang Yueying). They will advance to Frankfurt Investment Arbitration on March 4.
Separately, from February 23-25, STL was awarded the First Prize in the Seventeenth Chinese National Round for Jessup International Law Moot Court in Yunnan. Guided by Assistant Dean Christian Pangilinan, the team is composed of four 2L students: Cui Luting, Lin Yifu, Qu Gangyi and Yin Wenjie. Two of them also won “The Best Oralist”.
STL plays an active role in national and international moot court competitions. In addition to the ones mentioned above, students also participate in ELAS WTO Moot Court, International Criminal Court Moot Competition, Red Cross International Humanitarian Law Moot Court and VIS International Commercial Arbitration Moot Court. The competitions provide intense training in legal writing and oral advocacy, helping to augment skills already acquired in STL’s Transnational Law Practice program.
Peking University School of Transnational Law’s “STL Building” was honored at the 2018 Better Educational Environment Dynamic (BEED) Asia Spring Summit in Shanghai, April 12-14. The STL Building, designed by Kohn Pedersen Fox Associates (KPF), one of the world’s premier architectural firms, was one of ten projects honored with a BEED Educational Facility Design Award. BEED Asia is devoted to supporting innovation in educational design with a platform that connects educational institutions with cutting-edge architects and designers, project vendors, and advanced technology providers.
Completed in January 2017, the 8,900 square-meter STL Building serves as the gateway for the Peking University Shenzhen Graduate Campus. The centerpiece of the building is a grand tiered atrium with spectacular outward views of the beautifully restored Dashahe River Parkway. Other signature features include a 100-person classroom that can be converted into a high-tech moot courtroom; an on-site law library equipped with the latest in digital research platforms; legal clinic and student organizations suites; outdoor terraces and reading gardens, including a stunning rooftop terrace; and abundant student study space with comfortable seating.
STL Professor Francis Snyder was one of the six foreign experts to receive Peking University’s Friendship Award at the University’s 2019 International Students and Foreign Experts New Year’s Party. This award recognized his enthusiastic support and contribution for the development of Peking University.
Professor Snyder is a scholar of European Union Law, WTO and international economic law, EU-China relations, technical standards, anti-dumping and food safety law. Since he joined STL at 2010, he has devoted himself to teaching and academic research. He is also a recipient of the 2018 China Friendship Award.
As the world’s governments meet in Poland to finalise the rules for implementing the Paris Agreement on climate change, new articles co-authored by STL Assistant Professor Stephen Minas in leading journals of climate law and policy analyze key aspects of Paris Agreement governance.
The article “Probing the hidden depths of climate law: Analysing national climate change legislation” is published in the Review of European, Comparative & International Environmental Law (RECIEL), co-authored by Professor Eloise Scotford (University College London) and Professor Minas. In this article, the authors examine the complexities of domestic climate legislation to implement the Paris Agreement, and propose a methodology for the development of climate legislation, to support both national planning and international cooperation.
The article “Resilience through interlinkage: the green climate fund and climate finance governance” is published in the Climate Policy journal, co-authored by Dr Megan Bowman (King’s College London) and Professor Minas. In this article, the authors analyze the governance of the Green Climate Fund established in 2010, and highlight opportunities for strengthening the Fund through greater engagement with the private sector and the UN’s climate Technology Mechanism.
Both articles are currently free-to-access without subscription, during the COP24 meeting.
On December 10, 2018, STL was awarded the Certificate of Achievement in Global Legal Skills Education at one of the leading international gatherings for global skills education, the Global Legal Skills Conference. The award recognizes STL’s unique accomplishments in “creating an academically rigorous, bilingual four-year program of legal education that prepares students for the mixture of common law, civil law, and Chinese legal traditions.”
STL epitomizes the incredibly bold initiative, launched by the State Council and Peking University, to create a new experimental model of legal education for China and for the world. Since 2008, STL has endeavored to provide one of the world’s most challenging dual degrees: an American-style Juris Doctor degree (J.D.) and a Chinese law Juris Master degree (J.M.) for top university graduates. With a highly accomplished faculty from all over the world, STL continues to contribute to a Chinese legal profession equipped to serve an advanced economy based on technological innovation, financial services, and that is able to compete head-to-head worldwide with dominant US and British law firms.
Held at the Melbourne Law School in Australia, the Global Legal Skills Conference is one of the most important international conferences in legal skills education. Co-sponsored by Melbourne Law School and The John Marshall Law School, this year’s conference is the leading gathering connecting law professors, clinical faculty, linguists, judges, attorneys and scholars to share the best practices of international legal skills education.
STL Assistant Professor Stephen Minas participated in a high-level workshop on climate change diplomacy in the European Union and the United Nations, which was held in the capital of the E.U., Brussels.
The event, hosted by the Foundation for European Progressive Studies on 23 January, brought together academics, think-tank experts and officials from the UN, EU and individual E.U. member states.
In his remarks, Professor Minas emphasized the multi-directional nature of climate diplomacy, and the need to advance the development and implementation of legal frameworks through treaties, ‘soft law’, EU and national law in a coherent and joined-up way.
The event also featured a discussion of the outcomes of December’s UN climate change conference in Poland and discussion of next steps. Further event details are online at https://www.feps-europe.eu/events/upcoming-events/525-eu-and-un-action-on-climate-diplomacy-the-year-ahead.html
On December 4, the 2018 Legal Knowledge Competition on Civil Aviation was held at Beijing. Organized by the Civil Aviation Administration of China, the China Air Transport Association and the China Civil Airport Association, the event was highly specialized and distinctive. STL Professor Huang Hui was invited to serve as one of the expert judges for the competition. Other judges on the three-judge panel included Professor Fei Anling from China University of Political Science and Law and Professor Yang Hui from Civil Aviation University of China.
Professor Huang focuses on legal scholarship that aims to realize the practical function of law, with an emphasis on the interpretation and application of legal norms. Her main research and teaching interests include constitutional law, state liability law, juristic methodology and guiding case system of China.
On Sunday December 2, 2018, a fascinating roundtable on political constitutionalism was held at STL. It brought together distinguished academics in a conversation comparing the development of Chinese political constitutionalism with its American counterpart and distilling lessons learned from each experience. Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law at University of California, Berkeley School of Law, and Gao Quanxi, KoGuan Chair Professor at Shanghai Jiao Tong University KoGuan School of Law were the two main speakers. The roundtable was welcomed by STL Dean Philip McConnaughay and moderated by Professor Thomas Yunlong Man.
Professor Gao Quanxi began by noting the significance of discussing constitutionalism in Shenzhen, as this year marks the 40th anniversary of reform and opening up. The point is further accentuated as reform is the new driving force of the constitution and the main impetus for constitutional reform has come from southern China, where Shenzhen is located as one of the region’s most important and creative cities. Pertaining to his views on Chinese political constitutionalism, he emphasized the importance of driving force. China’s constitution is at a vital reformative phase that is worthy of further exploration to enable a richer discussion of the Chinese constitution’s future trajectory.
Dean Erwin Chemerinsky then shared his views on American constitutionalism. In his view, a constitution in any country is determined to a large extent by the historical needs of said country. Nonetheless, all constitutions share a common goal of trying to preserve the rule of law. He discussed various features of the US constitution that he believes to likely be relevant to any discussion about constitutions.
The event was highly rewarding for all attendees as it created a unique opportunity for STL faculty and students to directly engage leading experts in the field of political constitutionalism.
Kicking off the celebrations for its 10th anniversary, Peking University School of Transnational Law (STL) hosted an academic symposium on “China, The U.S. and Comparative Law Today“. The event took place on the 23rd and 24th of November and brought together leading scholars, from China and abroad, to explore the concept of legal orientalism by considering how interactions across borders and legal systems have shaped law in both China and the US. Speakers also grappled with the implications of legal orientalism for the field of comparative law and legal reform projects.
On November 23rd, STL Associate Clinical Professor Nicholas Frayn chaired the main public session, during which Professor Teemu Ruskola at Emory University School of Law, the author of Legal Orientalism: China, The United States, and Modern Law, discussed his book. In his book, he argues that the US conception of its own legal system was in part formulated through its interactions with Chinese law and its understanding of the Chinese legal system. Legal orientalism suggests that the conventional ways that legal practitioners, scholars, and government officials engage across legal systems can prevent meaningful understanding of the “other” system. Thus, Ruskola’s account challenges the very enterprise of comparative law and suggests comparative law tells us more about the practitioner’s own legal system, than about the one she claims to study.
Engaging in this comparative discussion between Chinese and Western legal cultures, Liang Zhiping, Professor at Chinese National Academy of Arts, presented his own views on the challenges faced by China. He argued that, since China did not experience changes akin to the Western model of reform, China had to find a new base that weaved in elements of its own traditions. Finally, the session concluded with Zheng Ge, Professor at Shanghai Jiao Tong University KoGuan Law School, offering his perspective on the matter by analyzing contemporary Chinese law through the lens of his prior teaching experiences in Hong Kong. He examines Ruskola’s account of Chinese Law, especially Chinese traditional law, as compared to that depicted by other Chinese scholars.
The following day was divided into four workshops. The first was titled “Comparative Law And The Problem of Legal Orientalism: What’s Next?”, the second was titled “The United States and the Legacy of Legal Orientalism”, while the third was titled “Historical Origins and Impacts of Legal Orientalism” and finally the fourth, “ Comparative Law and Chinese Legal Reform.”
These workshops further investigated the concept of legal orientalism from several angles. Some speakers interrogated the very existence of the phenomenon, challenging some of the claims of legal orientalism, while considering the implications for comparative law or of any study across legal systems. Other speakers considered how the phenomenon of legal orientalism has shaped legal development in the US while others considered how orientalizing notions of Chinese law may influence legal reform in China.
The workshops were moderated by STL’s faculty while speakers included professors from Peking University, Tsinghua University, Shanghai Jiao Tong University, Emory University, and Hong Kong University.
During Fall 2017, three STL students and one graduate undertook prestigious judicial externships in the United States. LI Mengshi (class of 2017), LI Yidan and ZHENG Xinjia (class of 2018), and ZHANG Xi (class of 2019) share their experiences.
LI Mengshi: Clerk for Chief Justice Ralph Gants, Massachusetts Supreme Judicial Court (Boston, Massachusetts)
During my internship at the Massachusetts Supreme Judicial Court (SJC), I performed tasks typically assigned to legal interns from U.S. law schools. My daily assignments included legal research and writing on cases pending oral argument, as well as analyses of cases seeking direct appellate review. Guided by the Chief Justice and his clerks, I drafted an opinion regarding a defendant who was seeking further appellate review of his murder conviction.
To help current and future STL students get a better picture of the daily life at the SJC, I lay out a high-level itinerary below:
|Sep 5-Nov 16
||Drafted 15 Direct Appellate Review Summaries.
||To explore the possibility of a dissent, researched on whether certain type of Sexual Offender Registration Board (SORB) classification would infringe upon liberty interests that is a per se miscarriage of justice warranting retrial.
||To prepare the court before oral arguments, researched on the appropriateness of certain probate conditions imposed on individuals with drug addictions, and what might be the legitimate court-initiated measures (detention or involuntary inpatient treatment).
||Researched on the applicability of collateral estoppel in a parallel civil action when the underlying criminal appeal is pending; and then researched where the doctrine of abatement ab initio applied to the underlying criminal appeal (meaning once a defendant is dead, the criminal case is invalid from the beginning), whether and how would collateral estoppel apply.
|Oct 23-Nov 9
||Helped to draft a speech on the intersection between behavioral health and criminal justice reform based on Judge Minehan’s draft; discussed the topic with Judge Coffey and forensic scientist Stephanie; coordinated with organizers of the Event; attended the Event.
||Drafted a Single Justice Opinion on gatekeeper petition.
||Attended the Justice for All 2017 Working Group Summit.
|Sep 5-Nov 10
- Sat in oral arguments at the SJC. Participated in discussions with the CA team after the Justices’ consultations.
- Sat in oral arguments at trial court level, including the Land Court Department, the BLS, and mental health court as a specialty court.
|Sep 5-Sep 19
||Attended the Clerk/Intern Orientation Program of the 2017-2018 Court Year spanning standards of appellate review, finality of judgments, and preparing an opinion ready for the editing process.
|Sep 5-Nov 16
||Attended lectures and social law events, featuring:
- a talk by Harold Koh on the development of international criminal law after the Nuremberg Trial,
- the State of the Judiciary event summing up the achievements and future plan of Massachusetts, and
- the 325th Anniversary of the SJC chaired by 4 Chief Justices
In addition to formal trainings and works at the SJC, I also enjoyed many fun events. Ranking first are meals with the Chief Justice and the Chief’s Cohort, led by our beloved Carina. To this day, I always think of moments like strolling from Mike’s Pastry to the Bill Russell statute with the Chief after dining at the North End, warm and relaxing after-work café breaks with Carina, and a hilarious bus ride to New York with Angelica (another intern for the Chief). I highly recommend any STL student loving the law to apply for such a court internship. It will be tremendously rewarding!
LI Yidan: Clerk for Chief Judge Patti Saris, United States District Court for the District of Massachusetts (Boston, Massachusetts)
The responsibilities of interns include assisting and observing court proceedings, conducting research/writing bench memo/drafting order regarding any assigned case, proofreading and cite-checking as requested by the law clerks. As is true in any professional law office, the work done by interns is the foundation. Judicial interns need to clearly identify the legal issues, lay out the legal standards in the particular jurisdiction, and thoroughly engage with the evidence on the docket. The key is to be as patient and thorough as one can. When I was working, I did as much research as I could and wrote as succinctly as I could.
In addition, communication was another import aspect of this job. The assignments would come from law clerks or the Chief Judge herself. The first step was to know what I was expected to do with each assignment. Sometimes they would tell me their initial assessment and ask me to confirm it. Sometimes they would tell me to “do whatever is necessary” with the case, which means I need to exercise my best judgment to advise the Judge on what she needs to do with regard to either a motion or a hearing. Once I developed my own understanding of the assignment, I would quickly touch base with the law clerks to exchange ideas. A quick talk like this would reduce the risks of misunderstanding and increase efficiency.
This job also required me to work under pressure. Anything can happen in court, including emergency cases or motions that require quick reactions. It makes a difference under these stressful circumstances if you are able to spot issues with surgical precision and efficiently research and analyse the issues. I always reminded myself to stay level-headed and to think logically. I would highly recommend this internship to STL students who not only want to experience authentic American legal practice, but also have the drive to meet new challenges on a constant basis.
ZHENG Xinjia: Clerk for Chief Judge Geoffrey Crawford, United States District Court for the District of Vermont (Rutland, Vermont)
My daily responsibilities included attending court hearings, reviewing submissions from counsel, conducting legal research, drafting legal memos, and checking citations for final judgments. I worked on cases involving the defense of entrapment by estoppel and negation of intent, the validity of arbitration agreements, disputes over jurisdiction, and claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), the Fair Debt Collection Practice Act (“FDCPA”), criminal law, contract law and the U.S. Constitution.
During my internship, I went to the Second Circuit in New York where Judge Crawford was invited to serve as a guest judge. In the Second Circuit, I observed and appreciated the very high level performance of elite litigators. I also got chances to meet with state court judges, state prosecutors, lawyers, law school professors and law students in Vermont. We also were honorably invited to visit the Vermont Bar Association and participate in their Annual Meetings.
This internship broadened my horizons. It upgraded my understanding of the U.S. judicial system and served as valuable legal professional training, as well as a wonderful cultural exchange experience.
I am really grateful for the training I received from STL, including but not limited to STL’s dual-degree curriculum, moot court opportunities and law review, all of which enabled me to successfully complete my judicial internship. The skills I learned in STL allowed me to comfortably adjust to new conditions, use my problem solving skills to analyzing new legal problems and present my legal analysis confidently in front of Judge Crawford and colleagues.
Meanwhile, this experience also reminded me of my mission and dedication as a law school student who has received nearly eight-year legal training in both Chinese law and American law. Being able to understand the differences in legal regimes, judicial practice, professional environments as well as social and cultural traditions, I was obliged to confidently represent our deeply loved country in cross-border legal communications and gracefully mitigate the gaps in transnational law practice.
“Not everything that can be counted counts; not everything that counts can be counted.” A brief quote in memory of my unforgettable internship in the District Court of Vermont.
ZHANG Xi: Clerk for Chief Judge Geoffrey Crawford, United States District Court for the District of Vermont (Rutland, Vermont)
During this externship, I conducted in-depth legal research to support court orders and opinions, and I attended drug court every two weeks. Judge Crawford was very kind to let us audit every hearing, even the routine ones. Observing hearings was one of the favorite parts of my externship.
I learned a lot from this incredible externship, including refining my research and advocacy skills. I have heard that the first supervisor/mentor in one’s career can have an influence over the course of your career. I feel so lucky and honored that I started my career with Judge Crawford and the U.S. District Court of Vermont. Judge Crawford’s commitment to his work and his kindness toward colleagues left a deep impression, which will empower my career constantly.