2019 CIBEL Global Network Conference: Technological Change and the Future of International Economic Legal Order: China and beyond

 

Panel 1: China’s Approach to International Economic Legal Order

Chair

Associate Professor Heng Wang, CIBEL Centre Co-director, UNSW Law

HWHeng Wang is co-director of UNSW Law’s Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre. Heng researches into the Belt and Road Initiative, China and economic (de)globalization, and central bank digital currency (CBDC). He was or is executive council member of one global, two Asian and all three Chinese societies of international economic law. Heng spoke at the WTO Headquarters and leading institutions including Harvard University, Oxford University, New York University and the LSE. He taught in Australia, Canada, China, Japan, Singapore, and the US as visiting professor, and has been frequently interviewed by media.

 

Speakers

Professor Tianlong Lawrence Hu, Esq., Renmin University of China

HTTianlong Hu is a Mingde Youth Scholar Associate Professor of Law and Finance at Renmin University of China (RUC), M.S.T. and LL.M. Supervisor and Examiner, Research Fellow at RUC International Monetary Institute. Professor Hu was a Grotius Fellow at the University of Michigan, and an honored graduate of Peking University Law School. Prior to joining the RUC Faculties of Law and Finance in 2013, he practiced in US and Asia at a few leading international law firms, Fortune 500 companies and a Big-4 CPA firm for several years. Professor Hu is a member of New York State Bar Association, American Bar Association and China Law Society, and serves as a director of China International Taxation Research Academy and China’s Fiscal and Taxation Law Association, among others.

PresentationChina’s Accommodation to International Rules and the Implications for Global Economic Governance

 

 

Associate Professor Jeanne Huang, University of Sydney Law School

JHJeanne Huang is an associate professor at the University of Sydney Law School. She teaches and researches in the fields of law for digital trade, private international law, international investment law, international litigation and arbitration, and underwater cultural heritage protection. She serves as an Arbitrator at the Hong Kong International Arbitration Centre, Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Centre), Nanjing Arbitration Commission and Xi’an Arbitration Commission. She has also appeared as an expert witness for issues of Chinese law and private international law at the courts in Australia and the US.

PresentationInternet (Un)Immunity: Where does China Stand?

 

Commentator

Dr Weihuan Zhou, CIBEL Centre, UNSW Law

WZWeihuan Zhou is a Senior Lecturer at UNSW Law. He publishes widely in the field of international economic law (IEL), particularly the law of the WTO, trade remedies, FTAs, and China. Weihuan is a regular invitee to speak at internationally renowned conferences, review book proposals and manuscripts for prestigious academic publishers (e.g. CUP and OUP), provide trainings for government officials, and comment on contemporary IEL matters (e.g. interview at ABC News, opinion pieces in Conversation). 

 


Panel Session 2: Competition Law

Chair

Professor Deborah Healey, CIBEL Centre Co-director, UNSW Law

DHDeborah Healey is a professor and co-director of UNSW Law's Herbert Smith Freehills CIBEL Centre. Deborah joined the Faculty of Law after practising extensively as a commercial lawyer with leading law firms, where her major focus was competition law. She taught Comparative Competition Law at Tsinghua University in Beijing (2013) and is regularly invited to speak at leading international universities, particularly in China and Hong Kong. Deborah's current research focus is on competition law, particularly the Anti-Monopoly Law of China, but also Singapore and Hong Kong. She regularly speaks at international conferences, including those of UNCTAD and OECD. She is appointed as a Non-Government Advisor to the International Competition Network. Deborah is admitted as a Solicitor of the Supreme Court of New South Wales and the Federal Court of Australia.

 

Speakers

Associate Professor Chenying Zhang, Tsinghua University Law School

CZChenying Zhang joined Tsinghua Law School in 2003. She is the Associate Professor and Director of the Centre for Competition Law at Tsinghua Law School. Professor Zhang earned her Ph.D. in Law, LL.M., LL.B. and Bachelor of Economics from Peking University. She visited at Harvard Law School as a Fulbright Scholar from 2011 to 2012. Her main research areas focus on Antitrust, Law and Economics, Corporation, and Bankruptcy. She was appointed as a consultant of the State Competition Commission in China.

 

 

Associate Professor Peter Ying, Shanghai University of International Business and Economics

PYPeter Ying, PhD of law, Associate Professor & Vice Dean of School of Trade Negotiations & WTO Chair Institute - China, Shanghai University of International Business and Economics(SUIBE), and Deputy Director of the Shanghai Think Tank - Shanghai Centre for Global Trade and Economic Governance (SC-GTEG). He also serves as Vice-Chairman of the Expert Committee of China Association for Trade in Services, a member of Asia Competition Association, a member of Competition Law Research Association of Shanghai Law Society, and Consultant Expert of Competition Ecology Research Centre of Shanghai University. His research expertise includes competition policy & international trade and economic governance.

PresentationCompetitive Neutrality in China: Current Practices, Future Directions

 

 

Dr Zhenxing Zhang, Zhongnan University of Economics and Law

ZZZhenxing Zhang, PhD, is a lecturer at Faculty of Law, Zhongnan University of Economics and Law in China. She used to be a visiting student at School of Law, University of Sheffield in UK. Her main research interest is on international commercial law, consumer protection law and contract law. She has published many academic papers in the area of international commercial law and consumer protection law, including international refereed law journals and Chinese refereed law journals. Recently she teaches the course of Personal Data Protection Law and Intellectual Property Dissertation for the international graduate students at Zhongnan University of Economics and Law.

 

Commentator

Dr Rob Nicholls, UNSW Business School

RNRob Nicholls is a senior lecturer in business law at the UNSW Business School and the director of the UNSW Business School Cybersecurity and Data Governance Research Network. He is also a visiting professional fellow at UTS Sydney Law. His research interests focus on competition law, the regulation of networked industries and the financial services sector with an emphasis on the effects of technology in that space. Before moving to academia, Rob worked for Webb Henderson, the ACCC and spent twelve years as a client-facing consultant and partner at Gilbert + Tobin. Rob is an accredited mediator.

 


Panel Session 3: Corporate and Securities Law

Chair

Associate Professor Xiao-chuan Weng, CIBEL Centre Member, UNSW Law

XWCharlie Xiao-chuan WENG joined the UNSW Law faculty in 2015. Previously, he was Oriental Scholar Chair Professor of Law and Assistant Dean at the KoGuan Law School of Shanghai Jiao Tong University (SJTU) . He also taught at Nagoya University Graduate School of Law (Japan) as Designated Associate Professor. His research interest centres on law and business. He has published widely in the fields of corporate law, securities law, and bankruptcy. His research projects were heavily supported by multiple organizations. Before joining UNSW, he had received more than one million RMB research funding, with his research outputs providing assistance to funding organizations. Currently, he is especially interested in research on the law of capital markets, the fundamental theory of corporate law and is interested in employing cross-disciplinary research methodologies to analyze the impact on the real economy of changes in the law governing corporate law and financial regulation.

 

Speakers

Professor Robert Tsai, National Tsing Hua University

RTChang-hsien (Robert) TSAI (LL.B., LL.M., National Taiwan University; LL.M. in Corporate Law, New York University School of Law; J.S.D., University of Illinois College of Law) is a Professor of Law and Business at National Tsing Hua University, Taiwan. His current research topics can be grouped into two broader tracks: comparative corporate governance (including corporate social responsibility) and comparative financial regulation, including regulation of financial technology. His research has received significant funding support from the Ministry of Science and Technology (Taiwan), the Taiwan Stock Exchange, and the Delta Electronics Foundation. He has been an advisor on company law reform in Taiwan.

PresentationTO REGULATE OR NOT TO REGULATE? A comparison of government responses to peer-to-peer lending among the United States, China, and Taiwan

 

 

Associate Professor Manabu Matsunaka, Nagoya University Graduate School of Law

MMManabu Matsunaka is professor at Graduate School of Law, Nagoya University. His main research areas are corporate law and securities law. Recently he has researched on laws of equity finance in Japan and political theories of corporate governance. Recent publications include Gen Goto, Manabu Matsunaka & Soichiro Kozuka, Japan’s Gradual Reception of Independent Directors: An Empirical and Political Economic Analysis, in Independent Directors in Asia: A Historical, Contextual and Comparative Approach (Dan W. Puchniak, Harald Baum & Luke Nottage eds. 2017); Manabu Matsunaka, Politics of Japanese Corporate Governance Reform: Politicians do Matter, 15-1 Berkeley Business Law Journal 154 (2018).

 

Commentator

Associate Professor Grace Li, University of Technology Sydney

GLGrace Li is the Director of Internationalisation in the faculty of law at UTS. Dr. Li joined the Law Faculty in 2006 after teaching part-time from 2001. Dr. Li completed her LLB, LLM and PHD in law. She has also completed a Graduate Certificate in Business Administration (GCBA) and a Graduate Certificate in Higher Teaching and Learning (GCHTL). Dr. Li researches in the areas of telecommunications law and corporate law. She has published articles and book chapters on these areas. Dr. Li also presents regularly at national and international conferences.

 


Panel Session 4: FinTech and Regulation of Digital Financial Services

Chair

Hon. Assoc. Professor Suresh Nanwani, Australian National University

SNSuresh Nanwani is a CEDR Accredited Mediator; Honorary Associate Professor at Australian National University; Visiting Professorial Fellow at University of New South Wales; Honorary Research Fellow at Birkbeck University of London; and Visiting Fellow at Global Policy Institute, Durham University. He is Member of Practitioners' Board at Global Policy; and Executive Council Member of Society of International Economic Law. He has 30 years of development experience in international organizations including World Bank and was formerly Advisor at Asian Development Bank and Counsel at European Bank for Reconstruction and Development. He has published on international financial institutions, law and development, and governance and accountability.

 

Speakers

Scientia Professor Ross Buckley, CIBEL Centre Member, UNSW Law

RBRoss Buckley is the KPMG Law - King & Wood Mallesons Professor of Disruptive Innovation, and a Scientia Professor, at UNSW Sydney. His research focus is FinTech, RegTech and blockchain. His research on these topics has been downloaded more often from the Social Science Research Network than that of any other social scientist. His joint world-first research has (a) developed the generally accepted timeline for the evolution of FinTech; (b) reconceptualised the true potential of RegTech; (c) undertaken the first comprehensive analysis of the liabilities of blockchain; and (d) analysed the rise and regulation of initial coin offerings, in a forthcoming article in the Harvard Journal of International Law.

He chairs the Digital Finance Advisory Panel of ASIC, and has consulted to government departments in ten countries, including Australia and the US. He consults regularly to the Asian Development Bank, and has twice been a Fulbright Scholar, at Yale and Duke.

PresentationHow and why China leads the world in data driven finance (presented by Dr Anton Didenko)

 

 

Dr Anton Didenko, UNSW Law

ADAnton Didenko is a Research Fellow at UNSW Sydney specialising in banking and finance law, with a focus on FinTech and RegTech. He is a Russian qualified lawyer with 10 years of experience as in-house counsel for major private commercial banks in Moscow and as senior associate at a law firm in London.

His experience covers advising on banking regulations and legislation applicable to financial intermediaries, as well as a wide range of financing transactions. Anton holds a law degree from the Russian Foreign Trade Academy, as well as Magister Juris and Doctor of Philosophy degrees from the University of Oxford.

 

 

Associate Professor Simin Gao, Tsinghua University Law School

SGSimin Gao is an associate professor at the Law School of Tsinghua University. She received her doctorate degree in law (S.J.D.) from the University of Pennsylvania Law School and was a former Russell Ackoff Fellow (2011–2012) at Penn’s Wharton School of Business. She brings interdisciplinary perspective to a wide range of emerging issues that encompass bankruptcy law, corporation Law, financial law, law and economic and comparative law. She has authored several publications on Bankruptcy Law, Financial Law and Regulation. She received the Extraordinary Excellent Prize of Chinese Government Award for Outstanding Self-financing Student Abroad in 2012 and the Gold Medal of International Insolvency Study by the International Insolvency Institution (2017) Peking Excellent Junior Scholar grant (2014) and several start-up grants. She serves as the editor or peer reviewer for Chinese and U.S. leading law journals.

 

Commentator

Dr Nuannuan Lin, Deakin Law School

NLNuannuan Lin is Lecturer in Law at the School of Law, Deakin University. Her research interests include Comparative Tort Law, Alternative Dispute Resolution, and Financial Regulation. Her Chinese article on no-fault medical liability was published in the number one ranked journal of social science in China. Her article “The Restorative Role of Apology in Resolving Medical Disputes: Lessons from Chinese Legal Culture” was awarded the John McPhee Essay Prize by the Australasian Association of Bioethics and Health Law in 2014, which was published in the Journal of Bioethical Inquiry later. She also co-authored “The Evolving Legal Mechanism For Medical Malpractice Dispute Resolution In China” and “Crowd Sourced Equity Funding in Australia – A Critical Appraisal”.

 


Panel Session 5: Investment Law

Chair

Dr Lu Wang, CIBEL Centre Member, UNSW Law

LWLu Wang joined the UNSW Law as a Lecturer in August 2018 after completing her PhDs at the University of Liverpool in the UK and Xi’an Jiaotong University in China. The primary area of Lu’s research is international and comparative economic law, with a particular focus on international investment law, international arbitration, State-owned enterprises (SOEs) and China’s regulations of foreign trade and investment. In 2015, Lu was commissioned as the co-guest editor for the first Special Issue of the ICSID Review (by Oxford University Press) focusing on State-owned enterprises and international investment law.

Prior to joining UNSW Law, Lu worked as a legal intern at the International Centre for Settlement of Investment Disputes (ICSID) in Washington DC (in 2017) and the Ministry of Commerce of China (MOFCOM) Department of Treaty and Law in Beijing (in 2012). She was also a Visiting Fellow at the Lauterpacht Centre for International Law at the University of Cambridge in 2014.

 

Speakers

Professor Huiping Chen, Xiamen University Law School

HCHuiping Chen is Professor of international law at Xiamen University School of Law. She received her PhD degree in international law from Xiamen University in 1999. She teaches international investment law, public international law and international human rights law. Her research fields focus on international investment law and transboundary watercourse law. She has rich publications in both Chinese and English. She was visiting scholar at Leiden University (2000-2001), Fulbright Researcher at Georgetown University (2006-2007) and Freeman Fellow at the University of Illinois (2012-2013). She is Secretary-General of the Administrative Council of Xiamen Academy of International Law and Deputy Secretary-General of the Chinese Society of International Economic Law.

PresentationA Chinese Perspective of the ISDS Reform

 

 

Dr Wei Yin, Southwest University of Political Science and Law

WYWei Yin (Ph.D., LLM, LLB) is a Lecturer of Southwest University of Political Science and Law and Research Fellow of China-ASEAN Legal Research Centre. Her research focuses on investment law (and regulation of SOEs and SWFs), corporate social responsibility, and Belt and Road Initiative and sustainable development. She worked as the research intern, research collaborator and advisor of several think tanks. She has participated in research projects funded by universities, think tanks and government department. She has published several academic papers in international peer-reviewed journals and invited to present her research at various international academic conferences and seminars. She is the member of the Society of International Economic Law.

PresentationChina’s Proposition for Belt and Road Dispute Resolution: Assessing the Role and Value of Mediation in Multiple Dispute Resolution Mechanism

 

Commentators

Associate Professor Kathleen Claussen, University of Miami

KCKathleen Claussen is Associate Professor at the University of Miami School of Law where she writes about international business (trade and investment) and dispute settlement procedure. Prior to joining the Miami Law faculty in 2017, Prof. Claussen was Associate General Counsel at the Office of the U.S. Trade Representative in the Executive Office of the President where she represented the United States in trade disputes and served as a legal advisor in trade negotiations. Earlier in her career, she served as Legal Counsel at the Permanent Court of Arbitration in The Hague. Prof. Claussen received her law degree from Yale Law School.

 

 

Dr Jonathan Bonnitcha, UNSW Law

JBJonathan Bonnitcha is a Senior Lecturer in Law. His primary area of research interest is international economic governance, with a particular interest in investment treaties. Much of his research is inter-disciplinary, drawing on perspectives from the disciplines of economics and political science.

Prior to joining UNSW Law Jonathan lived in Myanmar, where he worked as an advisor to the Myanmar Government on investment governance. For several years he also worked for the Australian Attorney General's Department, as a member of the team that successfully defended a multi-billion dollar challenge to Australia's tobacco plain packaging laws brought under an investment treaty. He has previously held academic positions as a Visiting Fellow at ANU's Crawford School of Public Policy and as ESRC Post-doctoral Fellow at the London School of Economics.

 


Panel Session 6: Trade Law

Chair

Professor Colin Picker, PVC(SWS) & Dean of Law, University of Wollongong, CIBEL Centre Fellow

CPColin Picker joined the University of Wollongong in 2017 as Law Dean, to which he added the position Pro Vice-Chancellor (South Western Sydney) in July 2018. From 2010-2017 he was at UNSW Law where he was Director (and founder) of the then CIBEL initiative as well as Associate Dean (International). Before UNSW he was the Daniel L. Brenner/UMKC Scholar & Professor of Law at the UMKC School of Law in Missouri. He entered academia in 2000, after practice in the DC law firm Wilmer, Cutler & Pickering. He was a founder and first executive Vice-President of the SIEL.

 

Speakers

Associate Professor Henry Gao, Singapore Management University

HGHenry Gao is Associate Professor of Law at Singapore Management University and Dongfang Scholar Chair Professor at Shanghai Institute of Foreign Trade. With law degrees from three continents, he started his career as the first Chinese lawyer at the WTO Secretariat. Before moving to Singapore in late 2007, he taught law at the University of Hong Kong, where he was also the Deputy Director of the East Asian International Economic Law and Policy Program. He has taught at the IELPO program in Barcelona and the Academy of International Trade Law in Macau and was the Academic Coordinator to the first Asia-Pacific Regional Trade Policy Course officially sponsored by the WTO.

 

 

Associate Professor Jianguo Hu, Nan Kai University

JHJianguo Hu is an Associate Professor of International Economic Law at School of Law, Nankai University, Tianjin, China. His research interests are in international economic law, especially WTO law. He worked at WTO Legal Affairs Division II, Department of Treaty and Law, MOFCOM n 2013-2014. Jianguo got his Master Degree in international law (2005) and PhD in
international law (2008) from Wuhan University School of Law, and Bachelor of Economics from Huazhong University of Science and Technology School of Economics in 2002. He was a visiting researcher at Georgetown University Law Centre from 2015 to 2016.

PresentationReform of WTO Decision making and Negotiating Models Balance, Flexibility and Harmony

 

 

Dr Han-wei Liu, Monash University

HLHan-Wei Liu joined Monash University from National Tsing Hua University in January 2018. He works in the areas of international economic law, law and technology, and global governance. Before academia, he practiced with Baker & McKenzie and Russin & Vecchi for several years. Han-Wei earned his PhD, summa cum laude, from the Graduate Institute, Geneva on Kathryn Davis Scholarship and his master degrees from Columbia Law School and Oxford University on Taiwan Government Scholarship and British Chevening Scholarship, respectively. He received his LL.M. and LL.B. degrees from National Chengchi University. His publications appear in leading international law journals. Dr Liu held visiting posts at Harvard and Columbia Law Schools. He received several research grants from Taiwan government and advised high-tech firms.

 

Commentator

Associate Professor Markus Wagner, University of Wollongong, School of Law

MWMarkus Wagner joined the University of Wollongong, School of Law in 2018 from Warwick Law School. He finished his legal studies in 2002 and obtained a master's degree in international law in 2005. From 2002 to 2005, he worked at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg / Germany. In 2006, he graduated from Stanford Law School with an LL.M. degree. Professor Wagner subsequently clerked for then-President of the Supreme Court of Israel Aharon Barak and starting in 2007 worked for the Brussels office of WilmerHale. Professor Wagner currently serves as the Associate Editor for the Journal of World Investment and Trade (JWIT) and is the Executive Vice-President for the Society of International Economic Law.

 


Panel Session 7: International Intellectual Property Law

Chair

Associate Professor Alexandra George, CIBEL Centre Member, UNSW Law

Alexandra George has worked at universities in Australia, the UK and Italy, has practised as an intellectual property and media lawyer, and worked for a judge in the Federal Court of Australia.

Her research focuses on international intellectual property and the philosophy of intellectual property law. Recent publications examine issues of jurisdiction and enforcement in international intellectual property law, including intellectual property implications of Brexit. Her book Constructing Intellectual Property (Cambridge University Press, 2012) examines the ways in which the legal system defines into existence and regulates intellectual property.

Alexandra was named 'Academic of the Year' at the 2016 Australian Lawyers Weekly Women in Law Awards. She also received a Vice-Chancellor’s Award for Teaching Excellence at UNSW (2013).

 

Speakers

Associate Professor Guobin Cui, Tsinghua University Law School

GCGuobin Cui is the Associate Dean for International Affairs and Academics as well as Director of the Centre for Intellectual Property at Tsinghua University Law School. He is also the Executive Director of the Tsinghua University-Microsoft Joint Centre for Innovation and Intellectual Property. Professor Cui earned his Ph.D. in law, LL.M., and B.Sc. in Chemistry from Peking University, and his second LL.M. from Yale Law School.

His scholarly interests include intellectual property, antitrust, property, and law and economics theory. He teaches Intellectual Property Law, Patent Law, IP Licensing, and Chinese Civil Law. He has published more than 20 law review articles and two popular casebooks, “Patent Law: Cases and Materials” (1st edition in 2012, 2nd edition in 2015) and “Copyright Law: Cases and Materials” (2014).

 

 

Professor David Tan, National University of Singapore Law School

DTDavid Tan is Vice Dean (Academic Affairs) at NUS Law where he oversees the undergraduate and postgraduate coursework curriculum. David holds Ph.D., LL.B. (First Class Honours) and B.Com. degrees from the University of Melbourne and an LL.M. from Harvard. His areas of research cover personality rights, copyright, trademarks, freedom of expression and tort law. He has published over 50 articles, comments, book chapters and review essays since joining NUS Law in 2008. His publications have appeared in a wide range of journals that include Yale Journal of International Law, Harvard Journal of Sports & Entertainment Law, Law Quarterly Review and Sydney Law Review.

Presentation International IP Law: Converging on Divergence

 

 

Dr Wenting Cheng, RegNet, Australian National University

WCWenting Cheng is now Visitor at the School of Regulation and Governance (RegNet) of the Australian National University. She accomplished her PhD project China: Rule-taker or Rule-maker in the International Intellectual Property System? at RegNet in December 2018. Wenting was a researcher at the Development and Research Centre of State Intellectual Property Office (SIPO) from 2009 to 2014. She obtained LL.M. degree from Peking University Law School. So far she has published at leading IP journals like IIC and EIPR. Her current research interest is China’s international IP engagement, in particular on issues of data exclusivity, geographical indications in China.

PresentationEngages with the Global Intellectual Property Governance: the recent trend

 

Commentator

Professor Natalie Stoianoff, University of Technology Sydney

NSNatalie Stoianoff is a Professor and Director of the Intellectual Property Program at the Faculty of Law, University of Technology Sydney, since 2008. She is the Chair of the Indigenous Knowledge Forum Committee, member of the UTS Commercialisation Advisory Panel, and is currently Co-convenor of the Technology and Intellectual Property Research Cluster and past convenor of the China Law Research Group. Natalie’s interdisciplinary research is concerned with new technologies including the legal, ethical and commercial aspects of biotechnology with research interests ranging from the Patenting of Living Organisms, Software and Business Methods, Protecting Traditional/Indigenous Knowledge and Culture, Technology Transfer to Environmental Taxation.