Tag Archive for: Chinese Journal of Transnational Law

Announcement – Save the Date: Online Workshop on Cross-Border Protection of Cultural Property

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Chinese Journal of Transnational Law will hold an online workshop on Cross-Border Protection of Cultural Property on 28 Feb 2025. All are welcome to attend. A Zoom link will be provided closer to the event.

Tentative Programme

Keynote Speakers

•Prof. Christa Roodt, University of Glasgow

•Prof. Zhengxin Huo, China University of Political Science and Law

 

Speakers and Presentations

•Restitution of Cultural Objects Unethically Acquired During the Colonial Era: The Intersection of Public and Private International Law

Andreas Giorgallis (PGR), University of Glasgow

•The Contribution of Postcolonial Theory to the Cross-Border Protection of Indigenous Cultural Heritage

Eleni Moustaira, National and Kapodistrian University of Athens

•From Freedom to Restitution (With Special Focus on Central and Eastern Europe and the Lusophone Community)

Miroslaw Michal Sadowski, University of Strathclyde

•Restitution of Cultural Property in China: In Search of a New Paradigm for Cross-Border Cultural Property Claims

Ruida Chen, China University of Political Science and Law

•Forfeiture and Freezing Orders in Trans-border Cultural Property Litigation

Maggie Fleming Cacot

•Restitution of Stolen Foreign Cultural Property and Hurdles in Choice of Law

Yehya Badr, Yamamah University

•The Issue of Applicable Law in Disputes Arising from Violations of Private Law Regulations on Cultural Properties: The Case of Türkiye

Ekin Hacibekiroglu, Kadir Has University

•Evolving Models of Restitution

Evelien Campfens, University of Amsterdam

•Moving People, Shifting State Borders and the Return of Cultural Property: The Case of Poland

Andrzej Jakubowski, Instytut Nauk Prawnych, Polska Akademia Nauk,

We invite those interested in this important discussion to mark their calendars. More information will be provided soon.

Private International Law and Sustainable Development in Asia at Wuhan University – Report

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By Zixuan Yang, a PhD student at Max Planck Institute for Comparative and International Private Law in Hamburg, Germany.

The Conference on Private International Law and Sustainable Development in Asia was successfully held at Wuhan University School of Law on 23rd November 2024. This international symposium was organized by Wuhan University Academy of International Law and Global Governance, Wuhan University School of Law and China Society of Private International Law. Following a Call for Papers of the Chinese Journal of Transnational Law (CJTL), the symposium provided an ideal platform for participants to critically and constructively engage with the functions, methodologies and techniques of private international law in relation to sustainable development from the Asian perspective. Distinguished legal experts and scholars from Japan, India, Vietnam, Singapore, Hong Kong SAR, Macao SAR, Taiwan, Mainland China, Germany and the Netherlands delivered presentations and participated in discussions on-site and online.

After Professor Zheng Tang opened the conference, vice President of the China Law Society, President of the China Society of International Law and President of the China Society of Private International Law, offered a welcome. This was followed by a joint keynote speech from Professor Ralf Michaels (Max Planck Institute for Comparative and International Private Law, Hamburg), Professor Verónica Ruiz Abou-Nigm (University of Edinburgh), and Hans van Loon (former Secretary-General of the Hague Conference on Private International Law) on Private International Law and SDGs 2030. Together with Zheng Tang, they will serve as special editors of an issue in CJTL that brings the papers together. Read more

Programme | Conference on Private International Law and Sustainable Development in Asia

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Private International Law and Sustainable Development in Asia

Date: 23 November 2024
Venue: Wuhan University School of Law, Conference Hall 120

Zoom link: Meeting ID: 846 5342 1671 Passcode: 206716

22 November 2024

06:00 PM: Conference Dinner

23 November 2024

08:30 – 09:00 AM: Registration and Welcome Coffee Read more

Chinese Journal of Transnational Law (Vol. 1, Issue 2) was released

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We are pleased to announce the publication of the latest issue of the Chinese Journal of Transnational Law (Volume 1, Issue 2, September 2024). The special issue titled “Legalization of Foreign Relations in China” was guest-edited by Professor Congyan Cai.

The full issue is now available with free access for a limited time. You can explore the table of contents and access the articles at this link: Chinese Journal of Transnational Law – Volume 1, Issue 2.

Table of Contents

Special Issue Articles

Legalization of Foreign Relations in China
Zheng Tang and Congyan Cai
pp. 89

Milestone of China’s Foreign-Related Legislation – A Review of the Law of the People’s Republic of China on Foreign Relations
Huang Huikang
pp. 95

Political Framing in China’s Foreign Relations Law: International Law and ‘Fundamental Norms Governing International Relations’
Malcolm Jorgensen
pp. 117

China’s Foreign State Immunity Law: A View from the United States
William S. Dodge
pp. 137

A Critical Appraisal on China’s Blocking Statutes from a Private Actor’s Perspective
Guiqiang Liu
pp. 154

Original Research Article

A Future Uniform Regime of International Commercial Mediator Immunity: Limited, Party-Agreed and Statute-Required
Meng Lin
pp. 176

Short Article and Recent Development

Reading China’s Global Security Initiative Through an International Legal Lens
Ka Lok Yip
pp. 198

Book Review

Liang Xi, Updated and Augmented by Yang Zewei, Liangxi Guojizuzhifa
Gang Tang
pp. 211

 

Chinese Journal of Transnational Law (Vol. 1, Issue 1) was released

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The first issue of the Chinese Journal of Transnational Law (Vol.1 Issue 1, 2024) was recently published by SAGE. It includes three articles relevant to private international law.

Consensus and Compulsion: The Extra-territorial Effect of Chinese Judicial and Specially-Invited Mediation in Common Law Countries, Jie (Jeanne) Huang
This article conducts exhaustive research on case law in major common law jurisdictions (Australia, Canada, Hong Kong, New Zealand, Singapore, the UK, and the US) regarding the recognition and enforcement of Chinese judicial mediation decisions (MTS). In contrast to the rich literature criticizing the systematic deficiency of Chinese judicial mediation where an adjudicator plays the dual role of mediator and judge in the same case and the consequent injustice to the parties, the deficiency is not an issue currently in recognition and enforcement of MTS in common law jurisdictions. Why is this so and what would be the future trend? Answering these questions, this article explores the recent expansion from judicial mediation to Specially-Invited Mediation at the people’s courts in China and discusses whether the features of Specially-Invited Mediation impact the recognition and enforcement of MTS at the common law jurisdictions. It also addresses controversies on applicable law, challenges to the enforceability of civil liability clauses, debates on the finality of MTS, and recognition and enforcement of MTS under China’s judicial assistance agreements, the Hague Choice-of-Court Convention, the Hague Judgments Convention, and the Singapore Mediation Convention.

Read more

Extended Deadline: Symposium and Special Issue on Private International Law and Sustainable Development in Asia

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The United Nations Agenda 2030 with its 17 Sustainable Development Goals (SDGs) seems to have a blind spot for the role of private and private international law. That blind spot is beginning to be closed. A collective volume with global outlook published in 2021 addressed “the private side of transforming our world”: each of the 17 SDGs was discussed in one chapter of the book devoted to the specific relevance of private law and private international law. In 2022, the IACL-ASADIP conference in Asunción, Paraguay discussed sustainable private international law with regard to Latin America; the contributions published in 2023 in a special issue of the University of Brasilia Law Journal – Direito.UnB., V.7., N.3 (2023).

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Private International Law and Sustainable Development in Asia: REMINDER–Still Time to Submit Your Proposals

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The United Nations Agenda 2030 with its 17 Sustainable Development Goals (SDGs) seems to have a blind spot for the role of private and private international law. That blind spot is beginning to be closed. A collective volume with global outlook published in 2021 addressed “the private side of transforming our world”: each of the 17 SDGs was discussed in one chapter of the book devoted to the specific relevance of private law and private international law. In 2022, the IACL-ASADIP conference in Asunción, Paraguay discussed sustainable private international law with regard to Latin America; the contributions published in 2023 in a special issue of the University of Brasilia Law Journal – Direito.UnB., V.7., N.3 (2023).

In this occasion the focus is on Asia. The Chinese Journal of Transnational Law invites submissions for its Vol. 2 Issue 2, to be published in 2025, engaging critically with the functions, methodologies and techniques of private international law in relation to sustainability from an Asian perspective, as well as in relation to the actual and potential contributions of private international law to the SDGs in Asia. Read more