Professor Bing Ling

Profile
Publications

Profile

Degrees and Qualifications

LLB Peking LLM Mich

Courses Taught

Introduction to Chinese Law
Chinese Laws and Chinese Legal Systems
Public International Law
Contracts

Research Interests

Chinese and comparative contract law
Chinese civil law
Public international law

Brief Biographical Details

Professor Ling joined the Sydney Law School as Professor of Chinese Law in September 2012. Before coming to Australia, he was a professor and founding member of the Faculty of Law of the Chinese University of Hong Kong. He has also taught at Peking University Law School, University of Michigan Law School and City University of Hong Kong Law School. He received an LLB degree from Peking University in 1989 and an LLM degree from the University of Michigan in 1992. He was awarded a Diploma by the Hague Academy of International Law in 1995. He is the author of books and articles on Chinese civil and commercial law and international law, including Contract Law in China (Sweet & Maxwell Asia, 2002). He was admitted to the Bar of PRC in 1990 and served as an expert witness on Chinese law questions in numerous international litigation and arbitration cases.

Publications

Ling, B, Contract Law in China (2nd edition), Sweet & Maxwell, 2012 (forthcoming)
Ling, B, Contract Law in China, Sweet & Maxwell Asia: Hong Kong (2002)
Chiu, A, Zhao, Y H, Ling, B and Hie, D, Introduction to Hong Kong Business Law, Prentice Hall: Singapore (2001)
Ling, B & Zhang S, Chinese Contract Law [in Chinese], Joint Publishing (HK) Co. Ltd: Hong Kong (1999)
Ling, B, Criminal Jury Trial Materials: A Comparative Law Study (co-author), Northwest University Press: Xi'an, China (1995)

Book Chapters

Ling, B, ‘The Guo Bihua Case and Rendition of Fugitive Offenders between the Mainland and Macau’ [in Chinese], in Y Yang & G Rao (eds), The Basic Law and Sustainable Development in the Macau SAR, Association for the Promotion of the Macau Basic Law: Macau (2007) 123-9
Ling, B, ‘A Case for Extraterritoriality’, in H Fu, et al., (eds), National Security and Fundamental Freedoms: Hong Kong's Article 23 Under Scrutiny, Hong Kong University Press: Hong Kong (2005) 399-426
Ling, B, ‘Extraterritorial Legislative Power of the Hong Kong Special Administrative Region’ [in Chinese], in G Rao (ed), High Like Mountains and Long Like Rivers: Collected Essays in Honour of Professor Wang Tieya, Peking University Press: Beijing (2004) 273-85
Ling, B, ‘The Proper Law for the Conflict between the Basic Law and Other Legislative Acts of the National People's Congress’, in J Chan, et al., (eds), Hong Kong's Constitutional Debate - Conflict over Interpretation, Hong Kong University Press (2000) 151-170. [The Chinese version appears in Y Ghai, et al., (eds), Constitutional Debate Triggered by the Right of Abode in Hong Kong, Hong Kong University Press: Hong Kong (2000) 155-174]
Ling, B, ‘Civil Law’, in C Wang & X Zhang (eds), Introduction to Chinese Law, Sweet & Maxwell: Hong Kong (1997) 169-233
Ling, B, ‘International Protection of the Environment’ [in Chinese], in T Wang (ed), International Law, Law Publishing House: Beijing (1995) 444-485
Ling, B, ‘The Principle of Good Faith in Contract Law: Implication and Application’ [in Chinese], in Z Wei & G Wang (eds), Comparative Study of the Legal Systems in Mainland China and Hong Kong, Peking University Press, Beijing (1998) 41-71
Ling, B, ‘Reconceptualising China's Contract Law - The Problem of Interpretation of Contract’, in G Wang & Z Wei (eds), Legal Developments in China: Market Economy and Law, Sweet & Maxwell Asia: Hong Kong (1996) 235-245
Ling, B, ‘Certain Legal Issues Relating to Developing Countries and Ozone Layer Protection’, in Z Zhou (ed), Peace, Justice and Law: Essays in Honour of Professor Wang Tieya on His Eightieth Birthday, Chinese International Broadcasting Press: Beijing (1993) 388-417

Journal Articles

Ling, B, 'The "Confused Topic" of Act of State under the Hong Kong Basic Law' (2013) 1(1) Chinese Journal of Comparative Law 84-111
Ling, B, ‘Subject Matter Limitation on the NPCSC's Power to Interpret the Basic Law’ (2007) 37 Hong Kong Law Journal 619-46
Ling, B, ‘The Basic Law of the Hong Kong Special Administrative Region and the Limits of the Legislative Power of the National People's Congress’ [in Chinese] (2003) 1 Fazhi Luncong [Forum on Rule of Law] 9-18
Wolff, L & Ling, B, ‘The Risk of Mixed Laws: The Example of Indirect Agency under Chinese Contract Law’ (2002) 15 (2) Columbia Journal of Asian Law 173-192
Ling, B, ‘Applicability of the PRC Criminal Law in Hong Kong and the Prospect of a Rendition Agreement between Hong Kong and the Mainland’ (1999) 29 Hong Kong Law Journal 393-421. [The Chinese version appears as ‘A Study on the Conflict of Criminal Jurisdiction between the Mainland and Hong Kong and the Problem of Extradition’, in B Zhao (ed), Robbery of the Century: The Case of Cheung Tze Keung and Its Legal Thoughts [in Chinese], China Fangzheng Press: Beijing (2000) 323-358]
Ling, B, ‘Can Hong Kong Courts Review and Nullify Acts of the National People's Congress?’ (1999) 29 Hong Kong Law Journal 8-16
Ling, B, ‘The Haze over International Usage’ [in Chinese] (1997) Chinese Yearbook of International Law 23-70
Ling, B, ‘Developing Countries and Ozone Layer Protection: Issues, Principles and Implications’ (1992) 6 Tulane Environmental Law Journal 91-126
Ling, B, ‘Abuse of Diplomatic Immunities and Legal Remedies of the Receiving State’ [in Chinese] (1991) Chinese Yearbook of International Law 334-352

Conference Presentations

Ling, B, ‘Civil Codification in China’, national report presented at the 2012 Thematic Congress of International Academy of Comparative Law, Taipei, May 2012
Ling, B, ‘State Immunity and the “High Degree of Autonomy” of Hong Kong’ presented at the 2011 International Law Association Asia-Pacific Regional Conference on Contemporary International Law in the Asia Pacific: Opportunities and Challenges, Taipei, May-June 2011
Ling, B, ‘Contract Law and the Treatment of Non-Performing Loans in China’, presented at the Research Symposium on the Legal Dimension of China's Development Model, Singapore, March 2011
Ling, B, ‘Domesticating CISG in National Law: The Case of China’, presented at the International Symposium on the Thirtieth Anniversary of CISG: [[i||Retrospect and Prospect}}, Shanghai, November 2010
Ling, B, ‘One Country Two Systems' and Sovereign Immunity’, presented at the Second Cross-Strait Symposium on International Law, Beijing, October 2010
Ling, B, ‘Communal Interest and the Security of Private Contract in China: A Case Study’, presented at 5th International Conference on Interdisciplinary Social Sciences, Cambridge, England, August 2010
Ling, B, ‘International Legal Effects of the Sino-Japanese Principled Consensus on East China Sea’, presented at the 16th Academic Conference on Maritime Conference, Taipei, September 2009
Ling, B, ‘China's Response to the Memorandum: Introduction and Critical Assessment’, presented at the Roundtable on Regional Autonomy and Central-Local Relations in China, Hong Kong, August 2009
Ling, B, ‘Recent Developments in American International Law Theories’, presented at the 2009 Annual Conference of the Chinese Society of International Law, Shanghai, June 2009
Ling, B, ‘Constitutionalism and Access to Social Justice in China: The Case of “Nail Household”’, presented Harvard Project for Asian and International Relations (HPAIR) Academic Conference 2008, Petaling Jaya, Malaysia, August 2008
Ling, B, ‘Non-Self-Execution of International Legal Obligations and the International Legal Order: Some Perspectives on Medellin v. Texas’, presented at the 2008 Annual Meeting of the Chinese Society of International Law, Beijing, May 2008
Ling, B, ‘Is One Country Two Systems Model Internationally Applicable?’, presented at the Conference on ‘One Country Two Systems: Comparative Perspectives’, Beijing, April 2008
Ling, B, ‘Does Beijing Have Unconstrained Power to Interpret the Basic Law?’, paper presented at the International Symposium on ‘Hong Kong Ten Years After’, Hong Kong, June 2007
Ling, B, ‘Development of Chinese contract law and agency law since 1999’, presented at the Colloquium on Contract Law in China and Europe, Maastricht, June 2007
Ling, B, ‘One Country Two Systems and the Limits to the Power of the NPCSC to Interpret the Basic Law’, presented at the Conference on the Retrospects and Prospects of the Basic Law, Hong Kong, May 2007
Ling, B, ‘The Case of Guo Bihua and Rendition of Criminal Fugitives between Macau and Mainland China’, presented in the Conference on the Basic Law and the sustainable development in the Macau SAR, Macau, March 2007
Ling, B, ‘Contribution of Judge Ni Zhengyu to the Work of the International Court of Justice’, paper presented at the Symposium in Memory of Judges Ni Zhengyu and Li Haopei on Their 100th Birthday, Suzhou, October 2006
Ling, B, ‘The United Nations Convention on Jurisdictional Immunities of States and Their Property and China's Position’, paper presented at the Conference on the New Developments and Trends in International Law, Tongli, April 2006
Ling, B, ‘Sovereignty as Responsibility to Protect: A Preliminary Analysis’, presented at the 2005 Annual Meeting of the Chinese Society of International Law, Beijing, September 2005
Ling, B, ‘The Conservative Trend in Recent American International Legal Scholarship’, presented at the roundtable forum on Whiter International Law, Beijing, June 2005
Ling, B, ‘Henkin's International Legal Theory and the Recent Development in American Scholarship on International Law’, presented at the 2005 Symposium of International Law Scholars in East China, Shanghai, May 2005
Ling, B, ‘Excessive Claims of Jurisdiction and Transnational Economic Regulation’, presented at the Conference on China's Peaceful Development and International Law, Beijing, December 2004
Ling, B, ‘State Responsibility for Violation of International Humanitarian Law’, presented at the Symposium on Weapons and International Humanitarian Law, Shanghai, October 2004
Ling, B, ‘The Development of Comparative Law Scholarship and Its Impact on the Legal Reform in Mainland China’, presented at the East Asian Conference on Comparative Law, Taipei, June 2004
Ling, B, ‘Cross-border Legal Education in the Greater China’, presented at the Conference on Legal Education in Greater China, Hong Kong, May 2004
Ling, B, ‘Fragmentation of the Contemporary International Legal System’, presented at the 2004 Annual Conference of the Chinese Society of International Law on China's Road to Peaceful Development, Beijing, April 2004
Ling, B, ‘Recent Developments in International Legal Theory and China's Response’, presented at the International Law Workshop of the Chinese Society of International Law, Beijing, December 2003
Ling, B, ‘International Legal Status of HKSAR and Its Relevance to the Cross-Strait Legal Relationship’, presented at the Conference on the WTO and New Trends in International Law in the 21st Century, Shanghai-Zhouzhuang, October/November 2003
Ling, B, ‘WTO as a Non-Self-Executing Treaty: An Analysis of the UK and US Practice’, presented at the 2002 Annual Meeting of the Chinese society of International Law, Shanghai, April 2002
Ling, B, ‘The Effect of WTO Rules in Chinese Law’, presented at the Conference on the Study of Certain Legal Issues after China's WTO Accession, Shanghai, November 2001
Ling, B, ‘China's Domestic Implementation of International Norms for the Protection of Marine Environment’, presented at the Eighth Conference on Maritime Police, Taiwan, May 2001
Ling, B, ‘Globalisation and Rethinking the Notion of State Sovereignty’, presented at the 2001 Annual Conference of Chinese Society of International Law, Wuhan, April 2001
Ling, B, ‘Contract and the Third Party: A Criticism of Articles 64 and 65 of the Chinese Contract Law’, presented at the Conference on the Current Situation of Civil and Commercial Law in the Asia-Pacific Region and Prospects for the Coming Century, Fudan University Law School, Shanghai, December 2000
Ling, B, ‘Universality of Human Rights: The Chinese Perspective’, presented at the Symposium on Fundamental Causes for Gross Violations of Human Rights, Center for European Studies, University of Michigan, March 2000
Ling, B, ‘One Country Two Systems: Policy and Practice’, presented at the Conference on ‘Rethinking the Cross-Strait Relationship’, New York, February 2000
Ling, B, ‘The Autonomy of the Principle of Honesty and Faithfulness (Good Faith) in Chinese Contract Law: A Preliminary Analysis’, presented at the International Conference on Comparative Private Law, University of Hong Kong, June 1999
Ling, B, ‘Conflict between the Basic Law and Legislative Acts of the NPC’, presented at the Roundtable Workshop on Legal Issues Arising from the CFA Judgment on Right of Abode, City University of Hong Kong, March 1999
Ling, B, ‘Usages and Practices in International Economic Law’, presented at the Conference on International Economic Law, Chinese Society of International Law, Beijing, China, November 1996
Ling, B, ‘The Principle of Good Faith in Contract Law: Implications and Application’, paper presented at the Conference on Comparative Study of the Legal Systems of Hong Kong and the Mainland China, Peking University, September 1996
Ling, B, ‘Rationalising the Differences between Civil Law and Common Law Criminal Procedures’ and ‘Comments on American Rules of Evidence’, presented at the Regional Conference and Demonstration on Comparative Criminal Procedure, Shanghai Academy of Social Sciences, May 1996
Ling, B, ‘Reconceptualising China's Contract Law: The Problem of Interpretation of Contract’, presented at the Conference on Market Economy and Law, City University of Hong Kong, October 1995

Public Speeches and Other Presentations

Ling, B, ‘Rule of Law in Hong Kong and the Interaction with the Mainland’, lectures given at the School of Continuing and Professional Studies of The Chinese University of Hong Kong, October-November 2011
Ling, B, ‘Rule of Law in Hong Kong and the Fight against Cross-border Crimes’, lecture given at the School of Continuing and Professional Studies of The Chinese University of Hong Kong, October 2010
Ling, B, ‘International Law and Municipal Law: A New Perspective’, lecture given at the 2010 Chinese Society of International Law (CSIL) Advanced Programme on International Law for University Lecturers, Wuhan, October 2010
Ling, B, ‘International Legal Analysis of the China-Japan Principled Consensus on the East China Sea’, lecture given at the China Institute for Maritime Affairs, Beijing, June 2010
Ling, B, ‘A Legal World War: The Case of Danone v. Wahaha and What It Taught Us’, lectures given at Tsinghua University Law School and Peking University School of Intellectual Property, May 2010
Ling, B, ‘Danone v. Wahaha: A Case Study in International Commercial Arbitration’, lecture given at the University of Hong Kong Faculty of Law, April 2010
Ling, B, ‘Role and Function of Law in Hong Kong's Economy and Society’, lecture given at City University of Hong Kong School of Continuing and Professional Education, March 2010
Ling, B, ‘Chong Fung Yuen Case and the Interplay of the Constitutional Institutions of Hong Kong and the Mainland’, lecture given at the Liaison Office of the Central People's Government in the Hong Kong SAR, July 2009
Ling, B, ‘Cooperation between the Two Legal Systems and Suppression of Commercial Crimes’, keynote speech presented at the International Economic and Legal Forum, Hong Kong, June 2006
Ling, B, ‘Reining in the Interpretative Power of the Chinese Legislature: Can a Deer Be Interpreted to Be a Horse?’, speech presented at the AmCham Energy Committee Luncheon Meeting, Hong Kong, September 2004
Ling, B, ‘Implementation of Human Rights Treaties in Chinese Domestic Courts’, speech presented at the Forum on New Developments in International Law in Honour of Judge Mei Ruao on His 100th Birthday, Beijing, April 2004
Ling, B, Continuing Professional Development seminars on Chinese Contract Law, presented at various times and venues, 2002 – 2008
Ling, B, ‘Chinese Contract Law’, lecture presented at the International Seminar on Chinese Law, Passau, Germany, December 2001
Ling, B, ‘International Treaties in Chinese Domestic Law and Practice’, Continuing Professional Development seminars presented at the Butterworths Asia, October 2001
Ling, B, ‘Conflict of Criminal Jurisdiction between Hong Kong and the Mainland and Its Solution: A Study of Recent Cases’ and ‘Some Juristic Thoughts on the Recent Judgment in the Right of Abode Cases by the Hong Kong SAR Court of Final Appeal’, lectures presented at the Training Programme on Hong Kong Judicial System, Shanghai Judges' Training Centre, Shanghai, China, April 1999
Ling, B, Submissions on criminal jurisdiction of the mainland and HKSAR courts before the Panel on Administration of Justice and Legal Services, Hong Kong Legislative Council, January 1999
Ling, B, Presentation of an American criminal jury demonstration trial at the Training Programme on American Criminal Procedure, Judicial Training Centre of the High People's Court of Shanghai, May 1997.

Other Publcations

‘Phone Tapping Scandal and the Limits of Press Rights in the West’, Shanghai Morning Post, 21 July 2011
‘America's Real Intent in Its Involvement in the South China Sea’, Shanghai Morning Post, 5 July 2011
‘CFA's Referral of Interpretation Tests Rule of Law at NPC’, Ming Pao Daily, 13 June 2011
‘Liu Xiaobo Case and Freedom of Speech’ [in Chinese], Ming Pao Daily, 30 December 2009
‘Kosovo Independence and he Cross-Strait Relationship’ [in Chinese], Ming Pao Daily, 26 February 2008
‘Legal Education in Hong Kong: Ten Years after the Handover’ [in English & Chinese] (2007) 3 China Law 57-59 & 153-6
‘Can Lai Changxing Be Extradited Back: Legal Issues in the Pursuit of Escaped Criminal Suspects’ [in Chinese] (2006) 7 Bauhinia 60-61
‘Anti-Secession Law in Dilemma’ [in Chinese], Ming Pao Daily, 2 March 2006
‘The Book Gifts from Professor Wang’ [in Chinese], in G. Rao (ed), High Like Mountains and Long Like Rivers: Collected Essays in Honour of Professor Wang Tieya, Peking University Press: Beijing (2004) 355-8
‘Anti-Secession Law Not Conducive to Peaceful Reunification’, Ming Pao Daily, 23 December 2004
‘WTO Accession Procedure May Be Unconstitutional’, Ming Pao Daily, 19 November 2001
‘Rule of Law in the Mainland Loses out in the Spy Cases’, Ming Pao Daily, 11 August 2001
‘Can the Central Government Remove the Chief Executive Without Cause?’, Ming Pao Daily, 13 June 2001
‘International Legal Analysis of the Aerial Collision Incident’, Ming Pao Daily, 6 April 2001
‘Practising Falun Gong Violates No Law’, Apple Daily, 26 July 1999
‘Embassy Is Not Chinese Territory’, Apple Daily, 14 May 1999
‘Application of the PRC Criminal Law in Hong Kong’ (1999) Hong Kong Lawyer 15-17
‘Towards Contractual Justice in Common Law’ [in Chinese] (1997) 4 Zhongwai Faxue [Peking University Law Journal] 95
‘Contractual Justice and the Development of Hong Kong Contract Law’ [in Chinese], (1997) 3 Zhengzhi yu Falu [Political Science and Law] 27-28
(Reporter) ‘China and International Economic Institutions’, American Society of International Law Proceedings, vol. 90 (1996) 397-411
(Contributor) Encyclopaedic Dictionary of Chinese Law, International Law Volume, China Procuratorate Publishing House: Beijing (1996)
(Translator) ‘The Status of Treaties in the Chinese Legal System’ (by Wang Tieya), (1995) 1 Journal of Chinese and Comparative Law 1-29
(Review Editor) China Law Reports 1991, Butterworths Asia, 1995
Book review [in Chinese] on ‘R Macdonald (ed), Essays in Honour of Wang Tieya (1994)’, (1994) Chinese Yearbook of International Law 227-231
(Contributor) Dictionary of International Politics [in Chinese], Chinese Social Sciences Press: Beijing (1994)
‘The Work of the International Court of Justice in 1992’ [in Chinese] (1993) Chinese Yearbook of International Law 424-440
Book review [in Chinese] on ‘Z. Han (ed), Historical Materials on China's Islands in the South China Sea (1988)’ (1990) Chinese Yearbook of International Law 383-388

The University of Sydney - Sydney Law School

Professor Bing Ling

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