Course descriptions - August 2012
An Introduction To Chinese Legal System
Instructor – Professor Shi Daxiao (Fudan University School of Law)
This course will provide an introduction to the Chinese legal system from the perspective of Chinese legal tradition. Traditional China has many special legal phenomena and concepts that still have a strong and fundamental influence on today’s Chinese law and legal practice. The course is divided into two parts: Part one gives a general and brief introduction to Chinese legal history. It covers topics such as “Li” and “Fa,” “Legalism” and “Confucianism”. Part two focuses on present Chinese legal institutions and systems, covering topics such as “Sources of Law,” “Legal Structure of the State,” and “Judicial Reforms.”
Professor Shi teaches Chinese legal culture, comparative law, jurisprudence and foreign legal systems to undergraduate and English-speaking international students at Fudan University School of Law. He received his undergraduate law, Masters and Ph.D. degrees from Peking University. He has published works in the Social Science Academic Press, Tsinghua University Press and China University of Political Science and Law Press.
Chinese Business Law and Financial Markets
Instructor – Professor Li Guo (Peking University Law School)
This course is intended to acquaint participants with a balanced picture of China’s current financial market and economic policy, and the social environment in which Chinese business has been operating, particularly from an integrated view of legal and comparative studies. Among others, in the face of the ongoing global crisis and economic downturn, the USA and China have their own problems and issues of a different nature. The course will exam measures taken by the two major countries in the past years, particularly China, and comment on their fiscal, financial and legal implications. Moreover, China has made considerable advances within the past few years in developing its business and commerce, in areas such as corporate governance, bankruptcy law, the stock market and takeover rules, more in line with international standards. On the other hand, not all such efforts work well, and the regulatory framework and requirements nowadays are often criticized for being too complex, fragmented and even disjointed.
Dr. Li Guo is a Law School Professor and Assistant Dean of Peking University, China. Prof. Guo’s scholarly interests cover law, finance, and social development, as well as the comparative studies. He has published a number of English papers in Banking Law Journal, Journal of International Banking Law, Hong Kong Law Journal, International Business Lawyer, etc., and co-authored books such as Chinese Business Law (C. H. Beck & Hart) and M & A E Takeovers (Giuffre), in addition to several books and dozens of journal articles in Chinese. He is now serving as the chief editor of PKU Journal of Legal Studies. Prof. Guo received his law degrees from Peking University, Southern Methodist University and Harvard Law School respectively, and was the Visiting Professor at Cornell Law School (08-09), Visiting Scholar at Vanderbilt Law School (Feb. 2012) and Humboldt Foundation Research Fellow (Freiburg Germany, 10, 11).
Contemporary Developments in International Human Rights Law
Instructor – Dr. Brianne McGonigle Leyh (Utrecht University)
This course focuses on human rights, their status as international law, and the salient issues in the implementation and enforcement of that law. After considering the philosophical origins of human rights, the course will examine the interpretation of the major human rights instruments and their implementation by international, regional, and domestic bodies, with particular attention to contemporary developments and challenges.
Dr. Brianne McGonigle Leyh teaches at Utrecht University’s Netherlands Institute of Human Rights and University College Utrecht. In addition to her work with the university, she is an executive editor of the Netherlands Quarterly of Human Rights and she Co-Directs the Netherlands Office of the Public International Law & Policy Group (PILPG). She has worked as a Co-Counsel on a legal team representing Civil Parties before the Extraordinary Chambers in the Courts of Cambodia, has experience working for a defense team at the International Criminal Tribunal for the former Yugoslavia and held a Visiting Professional position at the International Criminal Court’s Office of Public Counsel for Victims. She received her BA from Boston University, her JD from American University's Washington College of Law, and her PhD from Utrecht University, writing her dissertation on victim participation in international criminal proceedings.
European Trademark Law and Traditional Knowledge
Instructor – Professor Giulio Zanetti (International Development Law Organization)
This course explores the role of trademarks, geographic indications, collective trademarks and certification marks in the wider body of European and international trademark law. The course examines the rules contained in international conventions, from the 1883 Paris Convention to TRIPs (1994) and examines the contributions given by the different approaches from the viewpoint of economic efficiency and fairness. The course also explores the role of international intellectual property mechanisms in protecting traditional knowledge, namely songs, folklore, and indigenous medicinal "products."
Professor Giulio Zanetti is Director, Strategic Networks Department, International Development Law Organization (IDLO), Rome Italy. He also serves as Visiting Professor at the Turin Master of Laws in Intellectual Property, jointly organized by the WIPO World Wide Academy and the University of Turin. Mr. Zanetti holds a First Class Honours Degree in Law with a focus on international law from the University of Turin and a Master of Laws in Intellectual Property and EC Law from the University of London, Queen Mary and Westfield College.