9th Annual Conference of the European China Law Studies Association, Hong Kong

It is with great pleasure that I note that the 9th Annual Conference of the European China Law Studies Association, with its theme, “Making, Enforcing and Accessing the Law” is taking place 15-16 November 2014 in Hong Kong and is sponsored this year by the Chinese University of Hong Kong.

The program, which can be accessed HERE, is rich and diverse in topics and viewpoints. It is also available below along with summaries of the plenary session presentations.

ECLS 2014 Annual Conference
Making, Enforcing and Accessing the Law
Chinese University of Hong Kong, 15‐16 November 2014

Conference Programme (as of 7 Nov)

DAY 1: SATURDAY, 15 NOVEMBER, 2014

Morning Sessions:
(Ballroom, Harbour Grand Hong Kong, North Point, Hong Kong)



08:30 - 09:00 Registration and Coffee

09:00 - 09:15 Welcome
 Professor Benjamin Wah, Provost, CUHK
 Professor Christopher Gane, Dean, CUHK Faculty of Law
 Professor Dr Knut Pissler, Chairman, ECLS



09:15 - 10:45 The Rule of Law: Local and Global Perspectives
Chair: Dean Christopher Gane, Chinese University of Hong Kong
 Dr Markus Ederer, Secretary of State, German Federal Ministry for Foreign Affairs; formerly Head of the EU Delegation to China
 Grand Justice Liu Guixiang, Grand Justice of Second Rank, Deputy- Ministerial Rank Member of the Adjudication Committee, Supreme People’s Court
 Lord Macdonald of River Glaven, Warden, Wadham College of Oxford University; formerly Director of Public Prosecution, England and Wales

10:45 - 11:00 Tea Break

11:00 - 12:30 China Law and the Globalized Legal Profession
Chair: Paul Mitchard QC, Chinese University of Hong Kong
 Mr. Vincent Corner, Head of Hong Kong Office & Head of Sectors - Asia, Pinsent Masons
 Dr Gao Xiqing, formerly Deputy Chairman, China Securities Regulatory Commission; Chief Executive Officer, China Investment Corporation
 Mr. Giles White, Group General Counsel, Jardine Matheson Limited
 Mr. Zhang Yi, Managing Partner & Member of International Management Committee, King & Wood Mallesons and SJ Berwin


Afternoon Sessions:
(CUHK Graduate Law Centre, 2/F Bank of America Tower, Admiralty)

14:15 - 16:00: Parallel Sessions

Session 1: Law, Politics and Law Making
Graduate Law Centre, Lecture Theatre 3
Chair: Knut Pissler, Max Planck Institute for Comparative and International Private Law and ECLS
- The Role of Campaigns in Law Making
 Sarah Biddulph, University of Melbourne
- Law-making in China: Systemic Normative Pluralism, Reactive Legislation
 Ignazio Castellucci, University of Trento
- Understanding China’s System for Addressing Legislative Conflicts: Capacity Challenges and the Search for Legislative Harmony
 Keith Hand, Hastings College of the Law, University of California
- Law Making in China. The Example of Laws affecting Civil Society
 Karla W. Simon, New York University
- Inter-Ministry Politics on Law-making: Legislating Private Equity in China
 Xiao Yu and Zhao Ranran, East China University of Political Science And Law

Session 2: Mediation, Law and Justice
Graduate Law Centre, Warren Chan Moot Court
Chair: Michael Palmer, Shantou University and SOAS, University of London
- Approaches to the Reform of Civil Judicial Mediation in China
 Cai Yanmin, Sun Yat-Sen University
- Civil Society and Environmental Dispute Resolution
 Lin Yang, Shantou University
- Domestic Violence and Mediation in the PRC
 Michael Palmer, Shantou University and SOAS, University of London
- Mediation in Chinese TV Dramas
 Zhao Yixian Eva, Shantou University
- Professionalization and Institutionalization of Mediation in China
 Zhao Yun, University of Hong Kong

Session 3: Regulating the Business Sector
Graduate Law Centre, Lecture Theatre 1
Chair: Lutz-Christian Wolff, Chinese University of Hong Kong
- Enforcement with Chinese Characteristics: Competition Law and Consumer Protection Law in China
 Thomas Kristie and Qianlan Wu, University of Nottingham
- Notices, Enforcement and the Making of the Hong Kong Competition Ordinance
 Felix Mezzanotte, Hong Kong Polytechnic University
- Competition Law Making Process and Implementation in China
 Lea Murphy, China Greatway Advisory
- Company Law Implementation in the PRC in the Shadow of Culture and the State
 Roman Tomasic, University of South Australia
- Corporate Reorganisation in China: Recent Developments and Challenges
 Zhang Zinian, Singapore Management University

16:15 - 18:00: Parallel Sessions

Session 4: Law and Economic Globalization
Graduate Law Centre, Lecture Theatre 3
Chair: Zhang Xianchu, University of Hong Kong
- Law-making, Enforcement and Access to Law: International Sales of Goods and Chinese Corporations
 Vivienne Bath, University of Sydney
- The Protection of China’s Outbound Investment: The Standing of State-Owned Entities under Investment Treaties
 Julien Chaisse, Chinese University of Hong Kong
- ‘Ship’ under the Chinese Maritime Code: I Know It When I See It?
 Liu Shuo, Erasmus University
- The Liberalization of China’s Outbound Investment Regime
 Lutz-Christian Wolff, Chinese University of Hong Kong
- Problematic Domicile Principle in Proscribing “Foreign Investor” in M & A National Security Review of Mainland China
 Yue Ying, Peking University

Session 5: Law, Energy and Environment
Graduate Law Centre, Warren Chan Moot Court
Chair: Bryan Mercurio, Chinese University of Hong Kong
- A Comparison between Shale Gas in China and Unconventional Fuel Development in the United States: Health, Water and Environmental Risks
 Paolo Farah, West Virginia University
- Towards an Ecological Civilization: Environmental Policymaking in China
 Fernando Dias Simões, University of Macau
- Prevention of Agricultural Land Pollution: An Empirical Study on Legal Measures in Hunan Province
 Wu Xianshu, China University of Political Science and Law
- Regulating Carbon Emissions Trading in China – From Local Pilot Schemes to National Market
 Zhao Yuhong, Chinese University of Hong Kong

Session 6: Socialist Democracy: Theory, Practice and Innovations
Graduate Law Centre, Lecture Theatre 1
Chair: Zhao Yun, University of Hong Kong
- Crafting a Theory of Socialist Democracy for China in the 21st Century: Considering Hu Angang’s Theory of Collective Presidency in the Context of the Emerging Chinese Constitutional State
 Larry Catá Backer, Pennsylvania State University
- Institutionalizing Shanfang Within the Chinese Socialist Rule of Law Framework
 Larry Cata Backer and Keren Wang, Pennsylvania State University
- Journalistic Exercise of Freedom of Information: A Socio-legal Review of China’s Access to Information Regime
 Chen Yongxi, University of Hong Kong
- Promote Reforms to Resolve the Current Problems of Complaint Petition Letters and Visits
 Tong Zhiwei, East China University of Politics and Law
- On the Perfection of Judicial Protection System of Human Rights in Contemporary China
 Wang Xigen, Wuhan University


DAY 2: SUNDAY, 16 NOVEMBER, 2014

Morning Sessions:
(CUHK Graduate Law Centre, 2/F Bank of America Tower, Admiralty)

09:00 - 10:45: Parallel Sessions

Session 7: China’s Court Reform
Graduate Law Centre, Warren Chan Moot Court
Chair: Rogier Creemers, University of Oxford and ECLS
- Causes and Consequences of Judicial Institution-Building in China
 Stéphanie Balme, Sciences Po Paris and Columbia Law School
- Reflections on Current Trends in Court Reform
 Benjamin Liebman, Columbia Law School
- Torts Law and the Court Reform
 Yang Lixin, China Renmin University

Session 8: Labour and Immigration
Graduate Law Centre, Classroom 2
Chair: Juha Karhu, University of Lapland and ECLS
- Collective Bargaining in China: Guangdong Regulation a Harbinger of National Model?
 Ronald C Brown, University of Hawaii at Manoa
- Implementation of Justice in Employment and Service Relations in China: Exploring Legal Responsibilities within Contract Chains in the Building Industry
 Pilar-Paz Czoske, University of Cologne
- Law Enforcement through Political Campaigns: Taking the Sanfei Campaigns as an Example in the Area of Immigration Law
 Jasper Habicht, University of Cologne
- The Bonfire of the ‘Illegalities’: Will China’s New Immigration Law Combat the ‘San Fei’ (Illegal Entry, Illegal Residence, Illegal Work)?
 Mimi Zou, Chinese University of Hong Kong

Session 9: Criminal Law and Justice
Graduate Law Centre, Lecture Theatre 3
Chair: Gregory Gordon, Chinese University of Hong Kong
- The Political Battlefield Surrounding the Cases of Liu Xiaobo and Xu Zhiyong
 Hermann Aubié, University of Turku
- Mental Disability in an Age of Social Harmony: China's Mental Health Law in Practice
 Joy Chia, Chinese University of Hong Kong
- Enforcement of Amended Criminal Procedure Law in China: Trends and Patterns
 Li Li, Sun Yat-sen University
- HIV Government Accountability and Justice in China
 Meng Jinmei, Shantou University
- Judicial Reform and the Case Referencing System
 Susan Trevaskes, Griffith University

Session 10: Judges as Legislators?
Graduate Law Centre, Lecture Theatre 1
Chair: Samuli Seppanen, Chinese University of Hong Kong
- Responsive Justice in China during Transitional Times: Revisiting the Juggling Path between Adjudicatory and Mediatory Justice
 Gu Weixia , University of Hong Kong
- Judge-made Law in Chinese Civil Law: From an Empirical Perspective
 Min Lee, Central South University of Forestry and Technology
- Judicial Lawmaking in China
 Vai Io Lo, Bond University
- The Chinese Guiding Case System – Solution to Legal Problems or Reaction to Non-Legal Demands?
 Marco Otten, University of Cologne

10:45 - 11:00 Tea Break

11:00 - 12:45: Parallel Sessions
Session 11: Law in Social Transformation of Chinese Society
Graduate Law Centre, Warren Chan Moot Court
Chair: Billy K. L. So, Hong Kong University of Science and Technology
- Law in the Chunqiu Zuozhuan
 Ulrich Manthe, University of Passau
- Dirt of Whitewashing: Re-conceptualizing Debtors’ Obligations in Chinese Business by Transplanting Bankruptcy Law to Early British Hong Kong (1860s-1880s)
 Michael Ng, University of Hong Kong
- Between Law Court and ADR in Modern Shanghai’s Publishing Industry
 Billy K. L. So, Hong Kong University of Science and Technology
- Normative Dualism: Chinese Attitudes Toward Good Governance
 Yu Xingzhong, Cornell Law School


Session 12: China and the International Legal Order
Graduate Law Centre, Lecture Theatre 3
Chair: Björn Ahl, University of Cologne
- Rule of Law in Foreign Policy-making: China’s Non-Appearance in the South China Sea Arbitration
 Ling Bing, University of Sydney
- Unravelling the ‘Right of Asylum’: A Case Study of China
 Shuo Liu, University College Dublin
- Effective Use of International Law in the Chinese Domestic Order: Formal Implementation or Informal Inspiration?
 Wim Muller, University of Manchester and Chatham House
- Should the CESL Influence the Chinese Consumer Protection Law Reform?
 Kate Surala, Maastricht University

Session 13: The Changing Role of the Judiciary
Graduate Law Centre, Lecture Theatre 1
Chair: Zhao Yuhong, Chinese University of Hong Kong
- Law-making and Enforcement of Law: the SPC’s Two Faces of Janus
 Ivan Cardillo, Zhongnan University of Economics and Law
- Courts as Regulators: Understanding the Non-Judicial Role of the Chinese Judiciary
 Pan Xuanming, Chinese University of Hong Kong
- Judicial Independence or Government Responsibility? The Law Makers and Users of Environmental Courts in China
 Wang Juan , McGill University and Liang Wenting, Beihang University
- Judicial Empowerment within/out of the Political-Legal System in China?
 Yu Xiaohong, Tsinghua University



Session 14: Access to Justice

Graduate Law Centre, Classroom 2

Chair: Lin Feng, City University of Hong Kong

- Public Trial in Chinese Courts and the New Public Access Judgment Database

 Björn Ahl and Daniel Sprick, University of Cologne

- Resolving Competition Related Disputes

 Beth Farmer, Pennsylvania State University

- Practices of Civil Mediation in Mainland China: From Tradition to Modernity

 He Zhi-hui, Hubei University

- Evolution of the Guiding Case System towards Judicial Centralization in China

 Peter Wang, City University of Hong Kong



12:45 - 14:00 Lunch


Afternoon Sessions:

(CUHK Graduate Law Centre, 2/F Bank of America Tower, Admiralty)


14:00 - 16:00: Parallel Sessions


Session 15: Whither Chinese Legal Reform?

Graduate Law Centre, Warren Chan Moot Court

Chair: Albert Chen Hung-yee, University of Hong Kong

- Changes in Chinese Administrative Structures and the Rule of Law

 Juha Karhu, University of Lapland

- Chinese Law Reform: Recent Past and Possible Future

 Stanley Lubman, UC Berkeley School of Law

- Fly High the Banner of Socialist Rule of Law with Chinese Characteristics! What Does the 4th Plenum Decision Mean for Legal Reforms in China?

 Randall Peerenboom, La Trobe University and University of Oxford Centre for Socio-Legal Studies

- Gift-Giving in China and the Rule of Law and Virtue

 Mary Szto, Hamline University



Session 16: Law and the Market

Graduate Law Centre, Lecture Theatre 1

Chair: Bryan Druzin, Chinese University of Hong Kong

- China’s Fiscal and Taxation Legal Reform – Issues and Proposals

 Hu Tianlong Lawrence, China Renmin University

- Determinants for Effectiveness of Chinese Law – A Case Study of Product Quality Legal Regime

 Mary Ip, University of New South Wales

- A Study of China’s Regulation on Insider Trading of Unlocked Restricted Stocks

 Peng Lian, East China University of Political Science and Law

- Protecting Minority Shareholder Rights: Comparative Analysis of Laws in China, Germany, Ukraine

 Yelyzaveta Sushko,Ukraine

- Private-ordering on the Internet: The Sina Weibo’s Credit Score System

 Tao Zhongyi, University of Hong Kong



Session 17: Law and Enforcement

Graduate Law Centre, Lecture Theatre 3

Chair: Huang Hui, Chinese University of Hong Kong

- Evolving Concepts and Standards in PRC Trademark Law 2001-2013:A  Study on the Interaction of Statute and Case Law

 Raffaello Girotto, University of Trento

- Post-contractual Evaluation of Obligations in China: Emphasis on Changing Circumstances

 Matti Tjäder, University of Lapland
- An Understanding of Traditional Chinese Medicine from a Concern of Legal and Semantic Aspects

 Wang Saisai, University of Brussels

- Reasons for Noncompliance with Cultural Heritage Laws in China

 Zhang Shunxi, China Renmin University

- Administrative Components in Private Law - The Special Role of the Chinese State in Private Law Enforcement

 Rebecka Zinser, Humboldt University Berlin




16:00 - 16:15 Tea Break


16:15 – 17:15 General Assembly of the European China Law Studies Association

Graduate Law Centre, Lecture Theatre 2

__________

Plenary Session Summaries:


09:15 - 10:45 The Rule of Law: Local and Global Perspectives

Chair: Dean Christopher Gane, Chinese University of Hong Kong

 Dr Markus Ederer, Secretary of State, German Federal Ministry for Foreign Affairs; formerly Head of the EU Delegation to China

Diplomat’s perspective. He spoke to the need for the development and acceptance of a rule of law system as the basis for managing international relations and its politics. This reflects the post 1945 view that culminated in the development of the international organizations law ideologies to manage and constrain politics as the basis for structuring the relations among states. Spoke to German Chinese rule of law dialogue including civil rights, administrative courts, land rights, registration rights, and the like. Looking for greater transformation of Chinese law and state to embrace a more vigorous rule of law principles. Germany strongly supports one country two systems rule, a less than veiled reference to recent Chinese moves that appear set to collapse the two systems into one. Also noted German support for civil and political rights of Chinese people, though moderated by the realistic limits of the current Chinese situation.

 Grand Justice Liu Guixiang, Grand Justice of Second Rank, Deputy- Ministerial Rank Member of the Adjudication Committee, Supreme People’s Court

He spoke to issues of legal transparency as an important element of reform in Chinese courts, a topic mentioned during the 4th Plenum. He suggested the value of televising judicial proceedings, now expanded to over 200 courts. This augers a new age of transparency, one that meets the needs of the public and aids in fight against corruption. Transparent adjudication proceedings based on finding a number of junctures where disclosure is useful but can also be managed so that information available to the parties would be broader than that available to the public—court documents, hearings, testimony and the like. Examining new techniques for example information pushing through cell phones to parties and their counsel. Transparency promotes fairness of adjudication and enhances the legal education of the public. From transparency practices the courts can also develop information networks and data bases for tracing people and assets that may be subject to proceedings.

 Lord Macdonald of River Glaven, Warden, Wadham College of Oxford University; formerly Director of Public Prosecution, England and Wales

He spoke to the issue of judicial independence as a bulwark against governmental overreaching. The basis for this view was what he suggested were the excesses of the government’s security and political branches in the UK’s war on terror.These lessons might well br transposed to the conditions of other states.



11:00 - 12:30 China Law and the Globalized Legal Profession

Chair: Paul Mitchard QC, Chinese University of Hong Kong

 Mr. Vincent Corner, Head of Hong Kong Office & Head of Sectors - Asia, Pinsent Masons

Practice of law has changed in relation to Chinese practice especially since the global financial crisis. More is coming. Foreign Investment Guidance catalogue new draft 11-2014. International law firms still substantially restricted in local practice, but opening up a little in Shanghai Free Trade Zones. Local Chinese firms making inroads except for high end or high risk matters. Still cultural differences relating to CSR, Diversity/Inclusion and form values. Big change involves outbound work for Chinese companies. Now more heavily incorporated into corporate planning. PRC forms are expanding in overseas markets through strategic alliances, close cooperation agreements, and foreign branches. But still focused on S&M enterprises. By 2025 Chinese investment in European infrastructure leading to much more joint venturing and co-investing in the West and more work for PRC law firms in the West.

 Dr Gao Xiqing, formerly Deputy Chairman, China Securities Regulatory Commission; Chief Executive Officer, China Investment Corporation

Two themes: China at a crossroads and the importance of maintaining a level playing field. Crossroads—the CCP has been very busy in the political work of reform, much of it unfinished. Moving forward on mixed economy theme, saving a space for state owned enterprises within Chinese economic policy. Also judicial reform at the forefront, grounded in greater delegation of authority and greater accountability. Moving from the old Stalinist perspective of central planning—what is not permitted is prohibited to a more markets based style—everything is permitted unless prohibited. With respect to level playing field theme, he noted that economic reform ought to be encouraged with positive rather than negative incentives.

 Mr. Giles White, Group General Counsel, Jardine Matheson Limited

Spoke to potential development of China Law as international law (as another contributor to the stream constituting universalized law within global networks of economic activity). As a member of an Asian based conglomerate needs to blend strands of global law relating to regulatory trends that may have cross border impact or that may be transposed. Making e-learning program for corporate compliance. Impacts what to means to be global—blending laws and then dealing with contextual differences. These conglomerates appear to be the main engine for the transformation of globalized space into a coherent framework of regulation that blends and amalgamates relevant legal standards absorbed and reworked onto a new coherent whole. Globalization of law firms is the most important legal trend in law. But many law forms are oblivious. Competition, anti corruption and governance are principal fields for globalized law. This globalization will have an increasingly Chinese cast as a greater percentage of Global 500 firms become Chinese.

 Mr. Zhang Yi, Managing Partner & Member of International Management Committee, King & Wood Mallesons and SJ Berwin

Two Points: Chinese law and globalized legal professions. Chinese law is converging with common law system and moving away from civil law roots but picking and choosing (competition law European; securities law U.S.). Judicial reform: (1) reduce local influence and (2) set up specialty courts (I.P. courts etc.). Rule of law movement—constraining power of government through law and reinforcing a regime where all things permitted unless prohibited. Right now about 20,000 law firms but unevenly distributed with most in the great commercial areas of East and South China. Huge disparity ion wealth generation among these firms with most very modest income and a few very large income.