COLLABORATION FOR EXCELLENCE

UNCITRAL-BNU Joint Certificate Program

International E-Commerce Law: Theory and Practice

Mission and Purpose

E-transactions are not limited by national borders by nature.  Their adequate legal treatment is critical to ensure that all the benefits associated with the use of electronic means are fully enjoyed. Electronic exchanges have recently further increased due to the mobility of devices, but this also created additional legal challenges. In order to understand the main issues and the policy and practical implications, learning international law and foreign laws involving e-commerce has become as important as study of the relevant national laws.

The United Nations Commission on International Trade Law Regional Centre for Asia and the Pacific (hereinafter referred to as UNCITRAL RCAP) and Beijing Normal University (BNU) have established a Joint Certificate Program to provide a high-level research and training forum on various legal issues in international electronic transactions, with special attention for international aspects and transnational legislation.

The partners of the Joint Certificate Program

UNCITRAL is the core legal body of the United Nations system in the field of international trade law. UNCITRAL is a legal body with universal membership specializing in commercial law reform worldwide for over 40 years. The mission of the UNCITRAL is the modernization and harmonization of the rules on international business. UNCITRAL is, inter alia, providing technical assistance in law reform projects to formulate the modern, fair, and harmonized rules on commercial transaction. The RCAP started its operations on 10 January 2012. Its mandate includes enhancing international trade and development in the Asia-Pacific region by promoting certainty in international commercial transactions through the dissemination of international trade norms and standards, in particular those elaborated by UNCITRAL.

BNU, formed 1902, is a renowned institution of higher education known for teacher education, education science and basic learning in both the arts and the sciences. BNU Law School was inaugurated on 26 April 2006, building on the pre-existing Law Department. BNU Law School and the College for Criminal Law Science (CCLS), established in August 2005, form the integral law education of Beijing Normal University. The Law School and the CCLS also have many international links and partnership programs with leading universities and legal institutions around the world.

Prospective Students

The Joint Certificate Program offers a high-quality, international and visionary legal training on the electronic transactions, particular in the cross-border environment. Each year, the Program is only open for up to 15 fellows from governments (particularly from developing countries in Asia and the Pacific), academics and private sector, in addition to a few selected post-graduate students.

Teaching Modules 

The Joint Certificate Program consists of a one-year program structured on two semesters consisting of 6 modules critical to understand cross-border e-commerce, i.e.

1. Legal Issues in Cross-Border E-Transactions （跨境电子交易法律问题）;

2. Legal Issues in Cross-Border Data flow （跨境数据流通的法律问题）;

3. Dispute Resolution For Cross-Border E-Commerce（跨境电子商务的争议解决）

4. Internet Governance in E-Commerce （电子商务中的互联网治理问题）;

5. Intellectual Property Issues in Cross-Border E-Commerce（跨境电子商务的知识产权法律问题）;

6. Governmental Regulation on Cross-Border E-Commerce （跨境电子商务的监管法）;

.

Faculties, Lectures and Academic Supervision

The International Expert Advisory Committee (IEAC), co-chaired by UNCITRAL and BNU, monitors teaching and academic quality of the Program.

Mr. Renaud Sorieul, UNCITRAL Secretary & Co-Chair of IEAC

Prof. Guangju Chen, BNU Vice President & Co-Chair of IEAC

The Program will be taught by the distinguished international and domestic experts in the relevant areas. The Interim Faculties for the first three modules include:

Mr. Alamusi, Internet Rules Research Center Director, China E-Commerce Law Net CEO and China E-Commerce Association Policy & Law Subcommittee Deputy Director

In addition to the regular faculties appointed by the IEAC, guest lecturers from Government, business and the legal profession will provide students with the latest information and knowledge.

Administration, Application & Enrollment

Teaching will be delivered in a compressed schedule in 2 weeks in 2014-2015 Year so as to be compatible with professional engagements of students. Students may elect to take any week may or enroll in the full program. Students who complete all modules will be awarded the Program Certificate. Alternatively, students can obtain a certificate of attendance for each pertinent module.

In Autumn Semester of Year 2014-2015, the intensive course is scheduled in the week of November 23-29, 2014. All the enrolled fellows would be able to join, in addition to the course study, the “E-Commerce Expert Public Lecture Series” and “1st High-Level Forum on International E-Commerce Law” in the same week, free of charge.

Applicants should submit their CVs and personal statements to UNCITRAL-BNU JCP Steering Committee via email <jcp@bnu.edu.cn> before September 30, 2014. Once enrolled, the students may acquire BNU course credits and entitled to the other student benefit.

The workshop on IPRs in mobile internet, on 18^th July 2014, was hosted by the Institute for Internet Policy& Law of BNU. Professor Xue Hong, Director of the BNU Institute for Internet Policy& Law, moderated the event and Professor Jorge Contreras from Washington Law School of America University, Sunil Abraham, Director of India Center of Internet and Society (CIS), Nehaa Chaudhari, the Senior Researcher of CIS, and the other researchers joined the workshop in person or remotely and gave the presentations.

Prof. Xue gave an overview of the research project and introduced the the member and status of the Chinese team. The project on mobile internet addresses the rights, obligation, and liability of the stakeholders involved in the mobile Internet, including the software/ hardware providers and right holders, and attempt to improve intellectual property norms on mobile Internet.

Two Chinese team members presented their preliminary research respectively. Mr. Leo Liu, Attorney and Patent Agent at Beijing L&S Intellectual Property Law Firm, briefed the patent disputes and recent lawsuits regarding mobile Internet. Mr. Handong Wen, PhD student of BNU Law School, briefed copyright protection on mobile internet. Ms. Nehaa made the comments on the presentations.

The Chinese team discussed the implementation timelines, work methodology and regular communications with their India peers. Both Parties were pleased with the consensus and progress made so far and committed to purse the research in close collaboration.

For the report in Chinese, please visit <http://www.bnulaw.com/cn/detail.asp?ProductID=39480&CategoryID=607>.

2014年5月26日，2014电子商务立法集中调研暨研讨会在北京召开。政府部门相关人士、各大电商企业、首都高校相关学者齐聚一堂，各抒己见，举行了一次精彩纷呈的研讨会。我院薛虹教授，代表北京师范大学互联网政策与法律研究中心（IIPL）出席了研讨会，并发表了主题演讲。

2013年10月31日，在第十二届全国人大常委会公布的立法规划中，“电子商务法”被列为第二类项目，即需要抓紧工作、条件成熟时提请审议的法律草案之一。2014年，在全国人大财经委的主持下，相关调研研究活动全面开启，我国的电子商务立法第一次真正进入了实际操作阶段。为了充分地做好立法前期的调研和准备工作，中国电子商务协会政策法律委员会于2014年5月26在北京的法律出版社召开了电子商务立法集中调研会和研讨会。通过“电子商务立法支撑研究平台”，邀请和聚集立法部门、政府部门、行业机构、电商企业、电子商务专家和法学家等一同参与。

在一天的会程中，与会来宾围绕着电子商务和互联网相关产业发展最新态势、电子商务立法有关理念、电子商务立法相关实践问题这三个主题开展讨论。薛虹教授就“国外电子商务立法经验”进行了介绍，将学界的观点与实务中最新的案例相结合，非常生动明了且又深入地阐述了外国相关立法情况和模式。

伴随着我国电子商务的蓬勃发展，相关立法的支持工作正在有条不紊的进行，这种形式的研讨会开阔了立法者思路、带来了实务界最新的一手信息、学者们纷纷建言献策，无疑是非常有益且富有成效的。

2014年5月19日，北京师范大学–联合国国际贸易法委员会“国际电子商务法”联合认证项目启动仪式暨招待会在北京师范大学英东学术会堂隆重举行。

联合国国际贸易法委员会亚太区域中心主任Joao Ribeiro，北京师范大学党委副书记刘利，北京师范大学刑事法律科学院暨法学院院长赵秉志，北京师范大学教务处处长郑国民，北京师范大学国际交流与合作处处长王秀梅，北京师范大学法学院副院长张红等领导出席了该会议，联合认证项目中方主任、北京师范大学法学院薛虹教授参加并主持此次会议，

刘利书记表示，北京师范大学大力支持北京师范大学–联合国国际贸易法委员会“国际电子商务法”联合认证项目，此项目的建立和实施不仅反映了北京师范大学国际化办学的方针，而且成为联合国面向发展中国家法律援助的有机组成部分，由北京师范大学与联合国贸易法委员会强强联合建立的世界上首个国际电子商务法高端培训项目必将取得圆满成功。

Joao Ribeiro主任指出国际电子商务发展的巨大前景，并表达了与北京师范大学合作的欣喜之情，希望能将和北师大合作的这种模式推广到中国的其他大学乃至全世界。

赵秉志院长着重讲述了北京师范大学法学院的过去、现状和未来的发展，表示该认证项目是跨境电子商务领域全球首个高质量、高层次、国际化的集法律科研、培训、国际交流合作于一体的综合发展项目，是北师大法学院的优势项目。

薛虹教授介绍了该认证项目的背景、发展和课程设计，表示该项目将为电子商务领域，特别是跨境电商，带来全新知识与智慧体验。

参加会议的其他领导和嘉宾对该项目寄予了厚望，并表示会从全方面支持和推进该项目的进行，会议在热烈地讨论中圆满结束。

ATLAS II Thematic Group on ICANN Transparency and Accountability

Prof. Hong Xue is the co-leader of the thematic group on ICANN Accountability and Transparency at At-Large Summit II to be held at ICANN London Meeting in June 2014. The following is the write-up by theme leaders on the topics. Prof. Xue completely the first draft and made the primarily updates that is shown in the current version.

https://community.icann.org/display/atlarge/ATLAS+II+Thematic+Group+on+ICANN+Transparency+and+Accountability

Abstract

ATRT Final Recommendation #9 generally reflects the community feedback on existing appeals mechanisms and includes a set of necessary improvements. Rec.9.2 is particularly important for accountability of decision-making process and reform of appeal mechanism. It’s suggested to form a Stakeholder Group Committee to examine the options to restructure the current Board reconsideration process and the Independent Review Process (IRP).

However, it is unclear whether Board reconsideration process and the IRP  will remain the only or the  “final” appeal channel available for reviewing other appeals decisions, either from internal bodies or outside service providers, especially in the various gTLDs and ccTLDs processes. For example, will improved appeals mechanisms take into account  the processing of reconsideration requests and objections on decisions made in the new gTLD program by ICANN or its dispute resolution providers,  or will it apply to a review procedure for decisions made in IDN ccTLD program, for issues such as string similarity.

In the long run, enhancement of accountability depends on the improvement and development of mechanisms in three correlated areas, namely (1) institutional transparency, particularly in the decision-making process; (2) check and balance through duly separation of powers, especially after the transition of stewardship of IANA function; and (3) effective and efficient appeal system, within or outside ICANN, including the external final appeal system to “judicially” supervise the decision of ICANN Board and its members, like the constitutional court.

As we have not seen what the Board intends to do about recommendation 9.2  it is good to be cautious.  But if the Board and ICANN staff do honor the suggestion for a community wide discussion of ICANN accountability and appeals, then At-large needs a strategy for contributing to that and needs to begin substantive work on identifying the features required in a well formed ICANN appeals process.  In developing accountability and transparency mechanisms, from a At-Large perspective,  discussion needs to extend to all of the At-Large Structures (ALS) so that they can contribute from the diversity of global user experience on accountability and transparency and access to appeals mechanisms, that only At-Large can bring to ICANN.

Questions raised by the community:

1. What sort of appeals mechanisms does ICANN need? Does ICANN need to a final appeal mechanism to supervise the Board and its (paid) members?
2. Is the soft bottom-up oversight offered by the AOC adequate or does ICANN need some other form of oversight, especially in this time of IANA stewardship transition?
3. How can the AOC process and current Accountability and Transparency measures be improved?
4. Do you agree with Transparency by default for an organization like ICANN?  Should all issues that are not treated with full transparency be logged as such with a description of why Transparency was not appropriate treatment for the issue?  Should there be a time limit on items that are deemed secret?
5. Does ICANN need a yearly Transparency audit? Why or why not?

Questions raised by ICANN for enhancement of accountability:

1.  What issues does the community identify as being core to strengthening ICANN’s overall accountability in the absence of its historical contractual relationship to the U.S. Government?
2.  What should be the guiding principles to ensure that the notion of accountability is understood and accepted globally? What are the consequences if the ICANN Board is not being accountable to the community?
3.  Do the Affirmation of Commitments and the values expressed therein need to evolve to support global acceptance of ICANN’s accountability and so, how?
4.  What are the means by which the Community is assured that ICANN is  meeting its accountability commitments?
5.  Are there other mechanisms that would better ensure that ICANN lives up to its commitments?