Professor Bing Ling has joined Sydney Law School as Professor of Chinese Law from 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. Professor Ling 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. Professor Ling 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.
(Posted 3 September 2012)
Professor Lee Burns has been awarded grant funding totalling $305,045 under Round 11 of the Australian Leadership Awards (ALA) Fellowships program for the research project: Vietnam: Improving capacity in international tax enforcement.
(Posted 17 April 2012)
CAPLUS members have co-edited and partly authored a 13-chapter volume titled Foreign Investment and Dispute Resolution Law and Practice in Asia (Routledge, November 2011). The book was launched at Allens Arthur Robinson in Sydney on 22 March 2012 by Professor Michael Pryles AM, whose presentation is available as a videoclip available via YouTube or in Sydney Law School News.
Several chapters were presented at a major conference on investment treaty law and arbitration co-sponsored by CAPLUS at Sydney Law School in February 2010.
About the Book:
International investment, especially Foreign Direct Investment (FDI), continues to burgeon across the fast-growing Asian region, despite the Asian Financial Crisis and the Global Financial Crisis a decade later, which have generated ongoing policy debates about FDI liberalisation. This book surveys the substantive law affecting FDI in Asia as well as dispute resolution law and practice, focusing especially on major capital exporting and importing countries in the region (Japan, China, India, Korea, Indonesia, Malaysia and Vietnam). Another distinguishing feature of the book is the way it integrates comparative law studies of domestic legal systems with analyses of important emerging trends in international investment treaty law. With a preface from the President of the International Bar Association, the book brings together 13 chapters from a diverse group of senior and up-and-coming academics and practitioners expert in these fields. It provides an up-to-date and cohesive account of trends in foreign investment law and practice in Asia for legal practitioners, researchers and policy-makers, businesspeople and postgraduate or senior undergraduate law or business students.
On 21 March 2012, a delegation from the China Law Society visited the Law School to meet with CAPLUS members and other key University staff.
Scholarship opportunity – China-Australia Chamber of Commerce (AustCham Beijing)
The Australia-China Council and the China-Australia Chamber of Commerce (AustCham) offer an opportunity for Australian students to work and learn Mandarin in China. The AustCham China Scholarship is available to penultimate-year students and recent graduates who have a passion for starting their careers in China. There are 15 Graduate Scholarships available across a wide range of sectors with reputable Australian companies. Two of these positions are offered with Mallesons Stephen Jaques, one in Shanghai and one in Beijing. In addition to the traineeship placement, successful candidates will also be given language training, access to the AustCham Mentorship program and sponsored to attend industry forums and events. Applications close Friday 15 July 2011 and further information on the program is available here and on the AustCham China website.
Scholarship opportunity ACC AustCham (Australia-China) Young Leaders Scholarship Program
The ACC AustCham (Australia-China) Young Leaders program is a joint initiative of the China-Australia Chamber of Commerce Beijing (AustCham) and the Australia China Council (ACC). The scholarship was developed in response to Australia's growing economic, cultural and political relationship with China. The program is open to students who have demonstrated a commitment to strengthening Australia-China bilateral relations through academic and extra-curricular activities. Further information on the program is available here and the closing date for applications is 1 September 2010.
On 3 May 2010, CAPLUS, in association with the China Focus Group of the Law Council of Australia, held a seminar titled: 'China Intellectual Property and Innovation: Law and Policy'. The speakers were Ms Li Li, Senior Legal Counsel (IPR) for the Hewlett-Packard Company in Shanghai, and former Deputy Chief Judge of the Intellectual Property Rights (IPR) Tribunal of the Pudong New Area Court in Shanghai, and Professor Natalie Stoianoff, Faculty of Law, University of Technology, Sydney.
Download the slides:
- China Intellectual Property and Innovation: Law and Policy Ms Li Li
- WTO Compliance and China's Intellectual Property Regime Professor Natalie Stoianoff
Ms Li Li, Associate Professor Vivienne Bath and Professor Natalie Stoianoff
On 13-14 April 2010, a delegation from the Ahmad Ibrahim Kulliyyah of Laws (AIKOL) at the International Islamic University Malaysia visited the Law School to meet with the Dean and members of CAPLUS to discuss building relations between the two faculties and the possibility of developing joint courses. The members of the delegation were Professor Dr Mohd. Akram Shair Mohamed, the Dean of AIKOL and Assistant Professor Dr Khairil Azmin Mokhtar, Head of Department (Public Law).
On 7 April 2010, a delegation from the Chinese Human Rights Foundation visited the Law School to meet with Associate Professors Vivienne Bath and Ben Saul.
On 22 March 2010, Associate Professor Vivienne Bath commented on the Stern Hu trial in an interview by Eleanor Hall on the ABC Radio current affairs program The World Today.
Read the transcript: China's legal system under the microscope The World Today (ABC Radio)
Listen to the audio: China's legal system under the microscope The World Today (ABC Radio)
Further related coverage:
On 27 March 2010, Vivienne Bath commented on the trial in the Herald Sun and the Courier Mail.
On 28 March 2010, Vivienne Bath published an article on the case on the East Asia Forum.
Read the article: The Chinese legal system and the Stern Hu case East Asia Forum
In 2009 the Beijing Arbitration Commission (BAC) invited students enrolled in the Shanghai Winter School to apply for an internship over the summer vacation period. Michael Dunmore, a third year Graduate Law student from Sydney Law School, was one of the successful candidates and worked with the BAC from 5 January to 26 February 2010. His report on his experience in China follows:
"I spent two months of my summer as an intern for the Beijing Arbitration Commission after participating in the Shanghai Winter School. Before beginning law at the University of Sydney I completed a Master of Criminology at the University of Sydney and a BA(H) in Criminology at the University of Windsor in Canada.
During my internship at the BAC, I was able to attend over twenty arbitrations and mediations; some of which included international parties. After all arbitrations the arbitrators were very eager to talk with me and they all encouraged me to ask questions about the arbitrations. Arbitrators discussed with me important points in the cases and their reasoning in how they would arrive at making an award.
I also conducted independent research on money laundering and other types of fraud in arbitrations. This research is going to be published in the forthcoming edition of Arbitration in Beijing. During my internship, I learned extensively about arbitration in China and greatly enjoyed working for the BAC. In addition to having a very positive experience working for the BAC, living in Beijing was also very enjoyable."
Michael Dunmore in Beijing
The offices of the Beijing Arbitration Commission
(Posted 9 March 2010)
CAPLUS is currently advertising for a student intern to work with the Centre for Semester One, 2010. The position is open to both undergraduate and postgraduate Sydney Law School students. Applications close on Friday 12 March 2010.
Update: Applications have closed for Semester One. If you are interested in applying for the Semester Two, 2010 internship position you can register your interest here.
The 2010 Kyoto and Tokyo Seminars in Japanese Law were held from 8-12 February and 15-18 February 2010 respectively. The program offers a unique opportunity to study Japanese Law in global and socio-economic context. The program aims to develop the general skills of comparative lawyers, to effectively and critically assess contemporary developments in the Japanese legal system. It is jointly organised by Sydney Law School and Ritsumeikan University School of Law in collaboration with the Australian Network for Japanese Law (ANJeL). A total of 18 students attended the Kyoto seminar and 26 students attended the Tokyo seminar in 2010.
The 2009 Shanghai Winter School was held from 22 November to 12 December 2009 at the East China University of Political Science and Law (ECUPL) in Shanghai, China. The Winter School is an intensive three-week introduction to Chinese Law and provides students with an opportunity to study, on an intensive and introductory basis, the laws and legal system of China whilst experiencing life in that country. The program is jointly organised by Sydney Law School and ECUPL. A total of 54 students (39 undergraduate and 15 postgraduate) participated in the program in 2009.
On 20 October 2009, CAPLUS hosted a cocktail function and seminar with the NSW Branch of the Australia Indonesia Business Council (AIBC). The speaker was Rod Morehouse, Senior Trade Commissioner, ASEAN, Australian Embassy Jakarta. The October edition of the AIBC News is available here.
On 10 July 2009, Vivienne Bath was interviewed by Lateline on the ABC regarding Stern Hu's arrest.
Read the transcript: Frustration over China's arrest of mining exec Lateline (ABC Television)
Watch the video: Frustration over China's arrest of mining exec Lateline (ABC Television)
On 9 July 2009, Vivienne Bath was interviewed by The 7.30 Report on the ABC regarding the arrest of Stern Hu, the general manager of Rio Tinto's iron ore operations in China.
Read the transcript: Australian's arrest in China sparks fierce political debate The 7.30 Report (ABC Television)
Watch the video: Australian's arrest in China sparks fierce political debate The 7.30 Report (ABC Television)
Dr Luke Nottage has also commented on the case on his blog on Japanese Law and the Asia-Pacific.
On 7 July 2009, CAPLUS, in association with the Australian Institute of International Affairs (AIIA), held a seminar titled: 'Social Instability in China: Governance, Uncertainty and Rights in Contemporary China – Between Rigid and Resilient Stability'. The speaker was Professor David Kelly, Professor of China Studies at the China Research Centre, University of Technology Sydney.
Stephen FitzGerald (AIIA), Professor David Kelly and Vivienne Bath (CAPLUS)
On 18 June 2009, Professor Gillian Triggs, Dean of Sydney Law School, invited guests to join Vivienne Bath, Robin Burnett, Luke Nottage and Kent Anderson to celebrate the launch of their new books. The books were Law of International Business in Australasia by Robin Burnett and Vivienne Bath, and Corporate Governance in the 21st Century: Japan's Gradual Transformation edited by Luke Nottage, Leon Wolff and Kent Anderson. The books were launched by The Honourable James Spigelman AC, Chief Justice of NSW. A copy of Chief Justice Spigelman's address is available here.
Vivienne Bath, Kent Anderson, Luke Nottage, Wan Sang Lung and Geread Dooley
The Honourable James Spigelman AC, Chief Justice of NSW and Professor Jennifer Hill, Sydney Law School
CAPLUS offers one internship position to Sydney Law School students in each semester of the academic year and is now calling for applications for the internship position in Semester Two, 2009. Both undergraduate and postgraduate Sydney law students are encouraged to apply. Interns must be available to work one day per week for the duration of one semester. Interns are involved in the full range of the Centre's activities, including research, hosting public seminars and conferences, organising the Shanghai and Kyoto Winter Schools, drafting policy submissions and so on. There are also some administrative duties. Interns report to the Centre Director and will work closely with the director, the administrator and the associates of the Centre. Interns interested in Japan may also be invited to work with the Australian Network for Japanese Law (ANJeL) on projects agreed with CAPLUS. Applications close on Friday 3 July 2009. Further information is available here.
(Posted 17 June 2009)
A new book by Vivienne Bath (with co-author Robin Burnett) titled Law of International Business in Australasia was recently published by Federation Press. The book provides a comprehensive discussion of the international and domestic law regime in Australia and New Zealand relating to international business transactions. It deals with international contracts for the sale of goods, international carriage of goods, financing, the multilateral and bilateral regime regulating trade in goods and services, issues relating to operating in foreign markets and resolution of international disputes. The book can be purchased from Federation Press.
(Posted 28 May 2009)
A new book by Assoc Prof Luke Nottage (with co-editors Leon Wolff and Kent Anderson) titled Corporate Governance in the 21st Century Japan’s Gradual Transformation was recently published by Edward Elgar Publishing.
(Posted 9 April 2009)
Law Reform and Business Efficiency: China and Indonesia (6 July 2007)
Set out below are links to the presentations and papers given on 6 July at the Law Reform and Business Efficiency Conference. A number of the presentations were based on papers prepared as part of the Attractivité Économique du Droit (Economic Attractiveness of Law) program, which have been published online. The links to these papers are also provided below.
- Assoc Prof Timothy Fisher & Dr Mark Melatos: Measuring Law: The Economics of Doing Business. The full paper entitled "Economics of Doing Business in China, Indonesia and Thailand" can be found here.
- Vivienne Bath: Regulation and Change in China and Australia – Starting a Business. The full paper entitled "The World Bank Doing Business Reports – Regulation and Change in China and Australia" can be found here.
- Mary Ip: World Bank Reports and Chinese Bankruptcy. The full paper entitled "Applicability of World Bank Reports on doing business for the case of Bankruptcy in China" can be found here.
- Judge He Bo: Beijing High court: Decision-making processes in Commercial Courts in China.
- Geoff Nicholl: Dispute Resolution in Australia/China Trade & Investment Disputes.
- Assoc Prof Ross McLeod: "Franchising" and corruption – the problems for law reform in Indonesia. The full paper entitled "Doing Business in Indonesia: Legal and Bureaucratic Restraints" can be found here.
- Dr Simon Butt: The Approach of the Indonesian Constitutional court to Corruption Laws.
Resolution of commercial disputes in China – a Judge’s view (4 July 2007)
- Judge He Bo: Commercial Law Proceedings in Beijing; Creating an Attractive Investment Environment.
- Vivienne Bath: Resolution of Commercial Disputes in China.
On 1 August 2005, Vivienne Bath gave evidence to the Senate Foreign Affairs, Defence and Trade References Committee on Australia's Relationship with China. Read the discussion.