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Workshop on International Economic Law in the New Era

Date&Time:October 15 (Sunday), 2023, 2:00-5:00pm(Beijing Time)

Location:Peking University School of Transnational Law, Room 308

Host:Joel Slawotsky, Visiting Professor of Law, Peking University School of Transnational Law

Speakers:

YEE Sienho (易显河), Profess of Law, China Foreign Affairs University

Ding Ru (丁如), Associate Professor of Law, China University of Political Science and Law

SHEN Wei (沈伟), Profess of Law, Shanghai Jiao Tong University Law School

Abstract:

The purpose of the workshop is for the authors to discuss their respective chapters to an upcoming book in the Elgar Research agenda series on international economic law. While the title is subject to change, a preliminary draft title for the book is: International Economic Law in the New Era: A Legal Research Agenda.

The chapters to be discussed in the workshop include the following: the illegality under international law of unilateral U.S. sanctions (Sienho Yee), the need to reform the WTO to reduce discriminatory industrial measures unfairly targeting nations (Ru Ding), China’s application to join the Digital Economic Partnership Agreement to upgrade the level of the digital economy and to share China’s contribution to digital rules (Wei Shen), the negative impacts of the excessive U.S. conceptualization of national security in investment and trade (Joel Slawotsky).

Summary of Speakers' Report:

YEE Sienho: Litigation strategy is of great importance at the International Court of Justice. Formulating claims and mapping out the legal arguments at the early stage may determine the success or failure of a State’s case. A number of cases illustrate this point and these will be discussed.

Ding Ru: The report focuses on the industrial competition policies among countries in cutting-edge industries including computer chips and renewable energies. The report intends to provide proposals for the reform of international trade rules. The international trade rules should discipline discriminatory industrial measures based on nationality, in order to promote cooperation and liberal trade among countries.

SHEN Wei: Along with the rapid development of digital technology, traditional economy is being gradually transformed to digital economy. At present, although the legal framework for the international governance of digital trade has not yet been formed, major digital trading countries such as the European Union and the United States are actively promoting the global governance of digital trade, striving to maximize their own interests. The Digital Economy Partnership Agreement (DEPA) is the world’s first international agreement specifically formulated for the digital economy. Based on the e-commerce chapter of CPTPP, DEPA adds cutting-edge content, adopts a flexible modular framework, and selectively quotes some “U.S.-style digital rules”. China’s application for joining the DEPA is not only necessary to upgrade the level of digital economy and digital trade governance, but also an important channel to raise China’s voice in global digital trade governance, forcing China to accelerate the pace of establishing rules and regulations in the field of digital economy, and strengthening cooperation and sustainable development in the field of digital economy with other countries.

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