Archive for JCP: Joint Certificate Program on International E-Commerce Law

《电子商务法》草案跨国企业座谈会成功举办 A Dialogue on Chinese Draft E-Commerce Law with Overseas Enterprises Successfully Held

2016年9月23日下午,《电子商务法》草案跨国企业座谈会(A Dialogue on Chinese Draft E-Commerce Law with Overseas Enterprises)在后主楼1822高铭暄学术会议室举行。

本次会议由北京师范大学互联网政策与法律研究中心主任薛虹教授现场主持,全国人民代表大会财政经济委员会研究室副主任施禹之同志出席并讲话。美国信息产业机构(USITO)、Visa、Nike、Amazon、Google、AT&T、HPI、IBM、Verizon、Intel等跨国企业以及德国联邦国际经济合作机构(GIZ)的代表参加共计30余人参加了会议。与会代表针对《电子商务法》草案的内容进行了认真细致的研讨,提出了自己的意见和建议。

会议开始,首先由薛虹教授介绍了《电子商务法》的立法进程以及本次会议的议程。此次会议的目的为听取跨国企业对于《电子商务法》草案的意见。

随后出席会议的各位代表围绕电子商务法适用主体和范围、网络信用评价体系、非授权支付以及数据保护和流动等问题提出问题及评论意见。薛虹教授以其丰富的实务经验和深厚的学术素养,对跨国企业代表们的所提出问题等进行了详尽解答。施禹之主任对《电子商务法》草案的立法精神、立法原则以及与国际电子商务法律的对接问题进行了阐述。

会议最后,施禹之在总结讲话中对各位代表的出席和建议表示衷心感谢,并表示《电子商务法》必定为科学之法、民主之法、开门之法,与世界潮流接轨,而《电子商务法》的出台必定有力地规范及促进国内乃至世界电子商务经济的发展。与会成员进行合照,本次座谈会圆满结束。

Comments off

JCP 2016 Spring Week

2016 Spring Week for UNCITRAL and BNU Joint Certificate Program on International E-Commerce Law (JCP) has successfully concluded with three major academic events.

1. Expert Lecture on Current UNCITRAL projects on E-commerce: ETRs and eIdM

On June 14, 2016, 18:00-20:00, JCP organized the Expert Lecture at the Law School Auditorium 1824 New Main Building, Beijing Normal University. Prof. Xue, the Co-Director of JCP, moderated the Lecture and reviewed the development of JCP, including three JCP weeks organized consecutively since 2014. Dr. Luca Castellani, Co-Director of JCP, gave a presentation on the so-called “uniform legal texts” of UNCITRAL on e-commerce, such as the two Model Laws and UNECC and recent initiatives on electronic transferable records (ETRs) and electronic identity management. More than twenty students joined the Lecture and interacted with the Directors.

 

 

 

2.  INTERNATIONAL SEMINAR ON ELECTRONIC COMMERCE LEGISLATION

Program

June 15,2016

Morning Moderator: Mr. Li Shenglin, Director of Financial and Economic Affairs Committee of National People’s Congress, People’s Republic of China

9:00-10:10 Opening

Keynote Speech: E-Commerce Legislation in the Globalized Economy

Mr. Lü Zushan, Deputy Director of Financial and Economic Affairs Committee of National People’s Congress, People’s Republic of China (30 minutes)

Opening Addresses

Mr. Tong Daochi, Assistant Minister of Commerce, People’s Republic of China (10 minutes)

Mr. Hong Hao, Deputy Director of the Standing Committee of Shanghai Municipal People’s Congress (10 minutes)

Mr. Luca Castellani, Representative of United Nations Commission on International Trade Law (10 minutes)

10:10-10:30 Tea Break

10:30-11:50 Theme I: Scope of Application and Principles of Electronic Commerce Legislation

Speakers:

Prof. Xue Hong, Law School of Beijing Normal University (20 minutes)

Mr. Luca Castellani, Secretary of the Working Group on Electronic Commerce, United Nations Commission on International Trade Law (20 minutes)

Q & A (40 minutes)

 12:00-14:30 Lunch Break

Afternoon Moderator: Mr. Lü Zushan, Deputy Director of Financial and Economic Affairs Committee of National People’s Congress, People’s Republic of China

 14:30-15:50 Theme II: Electronic Commerce Operational Subjects’ Rights, Obligations and Liabilities

Speakers:

Prof. Xue Jun, Law School of Peking University (15 minutes)

Mr. Michael D. Panzera, Esq., Attorney, Office of International Affairs, Federal Trade Commission, the United States of America (15 minutes)

Mr. Stefan Schnor, Director of Digital and Innovative Policy Department, Federal Ministry for Economic Affairs and Energy, Germany (15 minutes)

Q & A (35 minutes)

15:50-16:10 Tea Break

 16:10-17:30 Theme III: Electronic Transactions and Services (electronic contracts, payment and logistics)

Speakers:

Mr. Zhao Lei, Deputy Director of Policy and Regulation Department, State Post Bureau (15 minutes)

Prof. Yang Dong, Law School of Renmin University (15 minutes)

Mr. Fukuhara Tadahiko, President of Japanese Electronic Payment Association, Ex-President of Chuo University (15 minutes)

Q & A (35 minutes)

June 16,2016

 Morning Moderator: Mr. Yin Zhongqing, Deputy Director of Financial and Economic Affairs Committee of National People’s Congress, People’s Republic of China

9:00-10:20 Theme IV: Electronic Commerce Data Information

Speakers:

Prof. Li Yuxiao, Director of Internet Governance and Law Research Center, Beijing University of Posts and Telecommunications (20 minutes)

Ms. Elise Latify, Data Protection Authority, Commission Nationale Informatique et Libertés, France (20 minutes)

Q & A (40 minutes)

10:20-10:40 Tea Break

 10:40-12:00 Theme V: Protection of Consumer Rights and Interests and Electronic Commerce Dispute Resolution Mechanisms

Speakers:

Prof. Yang Jianzheng, Shanghai University for Science and Technology (15 minutes)

Mr. Eric Tang Chee How, Assistant Director, International Trade Cluster, Ministry of Trade and Industry, Republic of Singapore (15 minutes)

Ms. Ulrike Lemmel, Federal Ministry of Justice and Consumer Protection, Germany (15 minutes)

Q & A (35 minutes)

12:00-14:30 Lunch Break

Afternoon Moderator: Mr. Peng Sen, Deputy Director of Financial and Economic Affairs Committee of National People’s Congress, People’s Republic of China

14:30-15:30 Theme VI: Electronic Commerce Transactional Security (Intellectual Property and Market Competition)

Speakers:

Mr. Luo Peixin, Deputy Director of Legislative Affairs Office of Shanghai Municipal People’s Government (15 minutes)

Mr. Benoît Lory, Minister Counsellor in charge of IP and Competition matters at the Delegation of the European Union to China (15 minutes)

Q & A (30 minutes)

15:30-15:50 Tea Break

 15:50-17:10 Theme VII: Cross-Border Electronic Commerce

Speakers:

Mr. Chen Fuli, Deputy Director of Treaty and Law Department, Ministry of Commerce, People’s Republic of China (15 minutes)

Mr. Yann Duval, Chief of Trade Facilitation, Trade and Investment Department, United Nations Economic and Social Commission for Asia and the Pacific (15 minutes)

Mr. Kevin Willis, Director of Global Trade Services Department, Amazon.com (15 minutes)

Q & A (35 minutes)

17:10-17:30 Conclusion

Closing Remarks

Mr. Lü Zushan, Deputy Director of Financial and Economic Affairs Committee of National People’s Congress, People’s Republic of China

 

 

                    3. 2016 JCP International Expert Advisory Committee Meeting


On June 17, 2016, four Members of the JCP International Expert Advisory Committee (IEAC), Prof. Xue, Dr. Luca Castellani, Dr. Yann Duval and Mr. Alamusi had a study tour at the headquarter of Alibaba Inc. in Hangzhou. The IEAC members listened the introduction on Alibaba’s international business and especially the One-Touch paperless trade system and expressed their willingness to engage the private sector, particularly the platform service providers like Alibaba, in the international law and trade facilitation activities. Both parties agreed that they would continue the corporation and develop new projects for collaboration.

Comments off

Prof. Xue Presented at the Global Facilitation Partnership for Transportation and Trade 2016 Annual Forum

The Global Facilitation Partnership for Transportation and Trade (GPF) 2016 Annual Forum, organized by ICC, UNIDO and ITC, was successfully held at Invest Shanghai, 15/F New Town Tower, Shanghai.  More than 80 representatives from the international organizations (ICC, UNIDO, ITC, UNECE, WCO. UNCTAD), customs authorities (Cambodia, Guatemala), private sector and academia joined the meeting and shared their views on a variety of trade facilitation issues in the nutshell of implementation of the WTO Trade Facilitation Agreement (TFA). ICC China invited around 20 businessmen (including Huawei, Alibaba, Sinotrans) from China and other countries to join the Forum.
Prof. Xue gave a presentation at the session on “regional integration”. Prof. Xue talked about the importance of the newly formed UNESCAP Framework Agreement on Facilitation of Cross-Border Paperless Trade in Asia and the Pacific (FA) to the regional integration in the following three aspects.
(1) Legal harmonization across the region
Deep regulatory fragmentation and variation of laws and regulations are pledging the cross-border paperless trade. The FA that is completely complimentary to the WTO TFA provides the legal framework to harmonize the regulatory systems in the region through encouraging the Member States to adopt to the international laws and standards (particularly from UN/CEFACT, ISO and WCO) in their domestic laws.
(2) Legal connectivity
The FA, particularly Art. 8, provides the mutual recognition of e-data and document originated from the other Member States at the substantially equivalent level of reliability, which removes the legal barrier of cross-border paperless trade. The substantially equivalent level of reliability may be achieved through the institutional arrangement of the FA (such as the protocols) or bilateral or multilateral agreements among the Member States. The current FTAs (such as TPP, RCEP), if consistent with the FA, may also be linked up to enable the mutual recognition.
(3) Engagement with the private sector
Prof. Xue emphasized the importance to engage the private sector in composing and implementing the Action Plan, Road Map and pilot projects of the FA and called their participation in the FA process.
Prof. Xue’s presentation on FA was very well received by the audience. Dr. Saeed from ITC (who is a member of UNNeXT) gave the positive comments. All the participants are getting more interested in the FA and its future implementation. The representative from DHL supported the FA initiative and hoped that its implementation would release logistic companies from submitting both e-copies and paper forms for customs clearance. Prof. Xue responded that “data submitted once” is the kernel of Single Window (SW) definition and the requirement of dual submission is not consistent with UN/CEFACT Rec. 33 on SW. However, if a country has no SW in place, the principle of non-discrimination does not exclude the coexistence of both e-form and paper form. Prof. Xue also briefly talked about the Chinese e-commerce lawmaking.
The newly formed China’s National TF Commission to implement the TFA, Huawei’s Global Customs Project, Alibaba OneTouch and the pilot APEC Model E-Port Network (APMEN) (like PAA exchanging e-data and documents among the ports in the network) are all  interesting initiatives and deserve further research.

Comments off

Prof. Xue Presented at UNCITRAL Colloquium on Identity Management and Trust Services

At its forty-eighth session (2015) the United Nations Commission on International Trade Law (UNCITRAL) requested its Secretariat to convene a colloquium on legal issues related to identity management and trust services with a view to compiling information on the scope and methodology of future work in that area (see Official Records of the General Assembly, Seventieth Session, Supplement No. 17 (A/70/17), para. 358). In line with that request, UNCITRAL Electronic Commerce Working Group organized the Colloquium on ID Management and Trust Services on April 21 and 22, 2016 at the Vienna International Centre. The Program and conference materials are available on the UNCITRAL website.

Prof. Xue, as the second speaker of the first Session of the Colloquium, gave a comprehensive presentation on “Scoping Cross-Border e-ID Management and Facilitating International e-Trade”. Prof. Xue pointed out the key legal issues with respect to the eID management and the possible legal framework or solution to address these issues. The new theoretical analysis and framing provided by Prof. Xue were warmly haled as the creative and innovative research that opens up a new legal dimension by the legal professions at the conference. Prof. Xue specifically addressed the open “federal” approach for eID management and the important role of trust service and creatively adopted the three-tier analytical benchmarks for eID law and scoping, i.e. principal IDs, derivative IDs and alternative IDs.

The Colloquium is very informative and invited the representatives of almost all the existing eID management laws and practices, including Estonia, US Virginia, Russia, Peru and China.

Through the discussions at the Colloquium, the UNCITRAL will officially launch the new project on eID management and trust service in the auspices of the Electronic Commerce Working Group, which is expected to conclude its work on the drafting of the Model Law on Electronic Transferable Records.

 

Comments off

2015 UNCITRAL ASIA PACIFIC DAY @ Beijing Normal University JCP

On December 1, 2015, BNU-UNCITRAL Joint Certificate Program on International E-Commerce Law (JCP) successfully organized the UNCITRAL Asia Pacific Day Lecture in the Law School Auditorium of BNU. The Co-Directors of JCP, Prof. Hong Xue, Director BNU IIPL, and Dr. Luca Castellani, UNCITRAL Legal Officer, gave the lectures respectively.

Prof. Xue, at the beginning, gave a briefing of the development of JCP (please refer to the JCP Chronicle at <http://wiki.iipl.org.cn/?cat=11>) and addressed the Program’s great potential on teaching, research and international collaboration. Prof. Xue also circulated the new updated flyer of the JCP to the audience.

Dr. Castellani joined remotely from Vienna and gave a lecture titled “The future of e-commerce law: the UNCITRAL perspective”. Although the same lecture has been presented several time at different occasions in Beijing, Dr. Castellani was always able to provide the updated and fresh knowledge and information and inspired the new thinking in this legal area.

Many BNU post-graduate students joined the Lecture and actively interacted with the Lecturers, despite Beijing’s terribly smoggy weather all through early December 2015. The students’ passion for international e-commerce law is inspiring all the faculties of JCP to work harder to achieve bigger success of the Program.

The Publicity materials for the Lectures shown on BNU campus. The left one is the JCP Officeat BNU and the right one is the Poster for the Lecture

Comments off

« Previous Page« Previous entries « Previous Page · Next Page » Next entries »Next Page »