Proving Chinese Law: Deference to the Submissions from Chinese Government?

Dr. Jie (Jeanne) Huang

The recent U.S. Supreme Court case, Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd, concerns what weight should be given to the Chinese government’s submission of Chinese law. On Page 58 of the trial transcript, Justice Kagan and Ginsburg asked how about other countries dealing with formal submissions from the Chinese government. There are two examples. 

Duty of Good Faith is Vital to Negotiating Banks

HEI Zuqing

ANZ Bank, Shanghai Branch v. Ningbo Haitian International Trade Co.,(the ANZ case) decided by the Supreme People’s Court of the People’s Republic of China[1], involved  a contract for LC financing instead of the trade of goods.

Is the 2018 US-China trade war similar to past trade frictions? Yes, but largely no 2018年中美贸易战与过去贸易摩擦的“同”与“不同”

Dr. Heng Wang (Associate Professor and CIBEL Co-Director, UNSW Law) 王衡(新南威尔士大学法学院副教授,CIBEL【中国国际商法与国际经济法项目】联合主任)

China has imposed retaliatory duties on US food imports including pork, fruit, nuts, and wine of up to 25 per cent as a response to President Trump’s tariffs on steel and aluminum imports under Section 232. This is a real trade war between the United States and China in forty years of China's opening-up and the first time that both nations have taken measures. Is the 2018 trade war similar to previous ones? The answer seems to be yes, but mostly no. It will be helpful to analyze the history of U.S.-China trade frictions to better understand the 2018 trade war.

CIBEL Lunchtime Talk on ‘Common and Symmetrical Responsibility in Climate Change: A Bridging Mechanism for Adaptation and Mitigation’ delivered by Associate Dean and Professor Haifeng DENG, Tsinghua Law School on 1 August 2017

Zhuangsi Xu, Ph.D. Candidate, Faculty of Law, UNSW Australia

The presentation was conducted half on Professor Deng’s recent research on the Common and Symmetry Responsibility in Climate Change, and half on “Conducting Research on Chinese Law” as the first topic of the CIBEL Ph.D. Seminar. Each section was followed by a short Q&A session.

CIBEL Lunchtime Talk on ‘At the End of the New Silk Road? China-Israel Economic Relations in Uncertain Times’’, delivered by Prof. Tomer Broude on 31 August 2017

Xiaomeng Qu, Ph.D. Candidate, Faculty of Law, UNSW Australia

In its unique geopolitical and economic circumstances, Israel has traditionally viewed the US and the EU as its chief international economic partners. After the establishment of One Belt, One Road project (OBOR), how should Israel -one of the OECD's smallest members - reconsider its global economic strategies as centers of economic and political gravity are shifting to the east? Prof. Broude shared his views from three aspects.

Chinese Court Unprecedentedly Recognized and Enforced a U.S. Commercial Monetary Judgment

Senior Lecturer Dr. Jie (Jeanne) Huang


On 30 June 2017, for the first time in history, Chinese court recognized and enforced a U.S. commercial monetary judgment. The case is Liu Li v. Tao Li and Tong Wu[1] decided by the Intermediate People’s Court of Wuhan City.

Chinese Investment in Australia: Why Do We Need a Better ChAFTA?

Dr Weihuan Zhou, Senior Lecturer, UNSW Law

Official statements and public opinions in Australia and China have been overwhelmingly positive on the impact of the China – Australia Free Trade Agreement (“ChAFTA”) on Chinese investment in Australia. This is an overstatement of the impact. Australia’s ChAFTA commitments on investment liberalisation and investor protection are limited and may not create sufficient incentives for or boost the confidence of Chinese investors.

Polycentric Future: Joint Rule-making in E-commerce by Public and Private Bodies in Post-TPP Era

Dr. Jie (Jeanne) Huang (Senior Lecturer, UNSW Law)

In a few industries, privately-owned Chinese enterprises have actively advocated their voice in international rule-making. E-commerce is one example. Jack Ma, Alibaba Group Executive Chairman and United Nations Assistant Secretary-General, is calling for the establishment of an Electronic World Trade Platform (‘eWTP’) to help small to medium-sized enterprises (‘SMEs’), developing countries and young people to enter the global market and join the global economy. eWTP would link local, regional, national and international e-commerce Internet platforms.


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