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.
On July 13, 2017, the UN Commission on International Trade Law (UNCITRAL) released for implementation the Model Law on Electronic Transferable Records (MLETR). The MLETR legally enables the use of electronic transferable records that are functionally equivalent to transferable instruments including bills of lading, bills of exchange, promissory notes and warehouse receipts. The use of electronic transferable records is expected to bring about benefits to electronic commerce including efficiency and security of transmission. Electronic transferable records are relevant for business areas such as transport and logistics and finance. The MLETR sets forth the requirements for the use and defines control as the functional equivalent of possession of a transferable instrument. The MLETR also provides guidance on the assessment of the reliability of the method used to manage the electronic transferable record, on change of medium and on cross-border aspects. The adoption of the principle of functional equivalence allows the MLETR to operate without affecting the substantive law. The adoption of the principle of technology neutrality allows to accommodate the use of all methods and technologies, including blockchain distributed ledgers).
