Archive for June, 2016

Prof. Xue on APEC E-Commerce Business Alliance Expert Council

The 6th APEC E-Commerce Business Alliance Forum was held on June 28-30, 2016, in Jinjiang, China. Prof. Xue, who was appointed on the Expert Council of the APEC E-Commerce Business Alliance, presented at the Forum on the International and Global e-Businesses and joined the Expert Council meeting. She was one of the primary drafters of the Jinjiang Proposal, a statement officially released at the Forum and later presented at APEC meetings.

In line with the theme “Promoting inclusive trade through cross-border E-Commerce “, the Forum explored the new development of cross-border E-Commerce for SMEs to participate in international trade in terms of opportunities, challenges and the future deeply and comprehensively, and how to ensure data privacy security issues in the era of big data, and discussed the impacts of developing cross-border E-Commerce on benefiting SMEs,  driving a new round of global economic development and deepening the Asia-Pacific regional economic cooperation, so as to promoting stability, development and prosperity in Asia-Pacific region.

The Jinjiang Proposal made the following suggestions to global community:

For this purpose, our suggestions are as follows;

  1. To fully implement policy and business research advantages of the Alliance within its own field, actively explore practical ways and future prospect for small, medium and micro enterprises to participate in international trade and integrate into international value chain including obstacles which existing international trading system have on small, medium and micro enterprises integrate into international value chain, cross-border E-Commerce platform and environment, conditions and methods for small, medium and micro enterprises to develop cross-border e-commerce, to actively explore small, medium and micro enterprises innovation and entrepreneurship under the condition of Internet; to investigate innovation needs of each member country regulation mode regarding cross-border E-Commerce including the effective regulatory methods which the government and regulatory body have on flows of digital data and technologies, the protection which innovative systems and rules have on small ,medium and micro enterprises and the interests of consumers etc. These methods will promote and encourage small, medium and micro enterprises to participant in international trade through E-Commerce effectively.
  2. To actively promote each member’s government and industry organizations, try to form the rules for cross-border E-Commerce platform, establish cross-border E-Commerce credit verification system and markets for small, medium and micro enterprises in APEC region, to encourage cooperation and collaboration modes such as the Government and Enterprises ( PPP), platform and platform , reform international logistics practice, establish new international payment systems and credit rules in order for small, medium and micro enterprises to carry out cross-border E-Commerce.
  3. It recommends that all APEC governments and regulatory bodies allow for the development of industry standards for information technology and e-commerce that can be applied and observed equally by all SMEs throughout the APEC region.  This will require that all relevant industry participants, especially SMEs, be allowed to participate in the process of developing these standards.  The process could be organized and sponsored by the government agencies, but industry participants (including SMEs) should be allowed significant opportunity to present decisive input, and the process must be fair and transparent. The resulting industry standards must be acceptable and readily practicable throughout the APEC region not only applicable to certain entity. The result should be a network of e-commerce infrastructure that SMEs from any nation in APEC can access to participate and compete effectively in international trade throughout the region.
  4. To be active and efforts can be made into the following aspects;

a)       To set up designative contacts system and information-sharing network within the APEC region, publish each economy entity’s updates , relevant policy, cooperation projects in the field of E-Commerce, and promote information exchange within all members, share E-Commerce development results and achievements;

b)      To summarize the APEC region cross-border E-Commerce best practices and serve in exchanging visits between enterprises, business cooperation, technical support, investment and promote the development and progress for commercial and industry enterprises in the APEC region;

c)       To emphasize and strengthen capacity-building in the field of E-Commerce and encourage capacity-building training activities, shorten the difference among the economies, and promote APEC economies complementary advantages for each other.

5. We are committed to continue to strengthen coordination and cooperation with other relevant international, regional cooperation organizations and forums, so that APEC E-Commerce Business Alliance would play a more important role in regional and global economic governance system.


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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.






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


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


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)


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


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


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)


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


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, (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.

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Prof.Amir Qayyum Guest Lecture at IIPL

Prof. Amir Qayyum, Dean of Faculty of Enginner, Capital University of Science and Technology, Islamabad, Pakistan, visited the Institute for Internet Policy & Law (IIPL) and gave an Expert Lecture to the BNU JM, LLM and international exchange students on Mobile Technologies and Relevant Governance Issues on June 6, 2016. Prof. Qayyum talked about the encrytion technology process and method with the PKI to ensure the confidentiality and integrity of communications on mobile network and digital forensics to combat cyber-crimes (including lawful interception). He mentioned that the Pakistan Internet penetration by broadband is aournd 17% while the people who access to mobile data is over 60%. Mobile Internet is the real solution to digital divide and access problem in a devleoping country like Pakistan.

Prof. Qayyum also shared the experence with the Chinese at-large community with respect to the organization of the School of Internet Governance (SIG) in Pakistan. He talked about the curriculum, faculties, fudning, international cooperation and managment of the SIG of which he was on the 2015 Management Committee. The Representatives from the two ALSes, Chinese Domain Name Users Alliance (CDNUA) and At-Large @ China presented at the meeting and had the interesting discussion with Prof. Qayyum.  The discussions are helpful for the Chinese community to improve the APILP and develop the other capacity building programs in China.

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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.

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