CUHK LAW

📌𝗦𝗲𝗺𝗶𝗻𝗮𝗿 𝗥𝗲𝗰𝗮𝗽 — 𝗥𝗲𝗴𝘂𝗹𝗮𝘁𝗼𝗿𝘆 𝗜𝗻𝘁𝗲𝗿𝗼𝗽𝗲𝗿𝗮𝗯𝗶𝗹𝗶𝘁𝘆 𝗶𝗻 𝘁𝗵𝗲 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗘𝗰𝗼𝗻𝗼𝗺𝘆

On 17 June 2026, we were delighted to host Prof. Neha Mishra, Assistant Professor in the international law department of the Geneva Graduate Institute, for a seminar on Regulatory Interoperability in the Digital Economy.

Prof. Mishra examined both the importance and limitations of regulatory interoperability, grounding her analysis in practical real-world examples. Her discussion explored how digital governance frameworks can align across jurisdictions — and where they inevitably clash.

“Regulatory interoperability is quite different from typical comparative law. The concept of interoperability is not to set benchmarks but let every regulatory system to determine how it wants to operate. At the same time, figure out what are the shared goals despite differences in regulatory details.” ~ Prof. Neha Mishra

🪄Thank you to everyone who joined us and turned this seminar into such a stimulating and interactive dialogue!

📖[𝗡𝗲𝘄 𝗣𝘂𝗯𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻] 𝗣𝗿𝗼𝗳. 𝗠𝗮𝗿𝘁𝗶𝗻 𝗝𝗮𝗿𝗿𝗲𝘁𝘁 𝗵𝗮𝘀 𝗽𝘂𝗯𝗹𝗶𝘀𝗵𝗲𝗱 𝗮𝗻 𝗮𝗿𝘁𝗶𝗰𝗹𝗲 𝗲𝗻𝘁𝗶𝘁𝗹𝗲𝗱 “𝗖𝗵𝗮𝗹𝗹𝗲𝗻𝗴𝗶𝗻𝗴 𝗶𝗻𝘃𝗲𝘀𝘁𝗺𝗲𝗻𝘁-𝘁𝗿𝗲𝗮𝘁𝘆 𝗮𝗿𝗯𝗶𝘁𝗿𝗮𝗹 𝗮𝘄𝗮𝗿𝗱𝘀 𝗶𝗻 𝗱𝗼𝗺𝗲𝘀𝘁𝗶𝗰 𝗰𝗼𝘂𝗿𝘁𝘀 𝗼𝗻 𝗮𝗰𝗰𝗼𝘂𝗻𝘁 𝗼𝗳 𝗶𝗻𝘃𝗲𝘀𝘁𝗼𝗿 𝗺𝗶𝘀𝗰𝗼𝗻𝗱𝘂𝗰𝘁”

Prof. Martin Jarrett has published an article entitled “Challenging investment-treaty arbitral awards in domestic courts on account of investor misconduct” in Arbitration International (Oxford University Press).

Abstract: In investment-treaty arbitrations, strong evidence of investor misconduct is like dynamite for States: it can destroy investors’ claims. For this reason, allegations of investor misconduct are frequently made in investment-treaty arbitrations. Most States, however, fire blanks with these attempts to blow up investors’ claims. Arbitral tribunals rarely side with States. But could they find more receptive audiences in domestic courts? This article investigates this question. After explaining the mechanics relating to how States can bring investor misconduct–grounded challenges against investment-treaty arbitral awards before domestic courts, it surveys the cases where States have filed such challenges. That survey catalogues their successes and failures, and details the jurisprudence that is emerging from those cases. Contrary to what States might hope, domestic courts are rarely receptive to their allegations of investor misconduct. And potentially more consequentially for States, they are developing jurisprudence that generally favours investors.

💡Read the article here: https://shorturl.at/JUobI

📖[𝗡𝗲𝘄 𝗣𝘂𝗯𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻] 𝗣𝗿𝗼𝗳. 𝗝𝘆𝗵-𝗔𝗻 𝗟𝗲𝗲 𝗮𝗻𝗱 𝗗𝗿 𝗝𝗶𝗻𝗴𝘄𝗲𝗻 𝗟𝗶𝘂 𝗵𝗮𝘃𝗲 𝗽𝘂𝗯𝗹𝗶𝘀𝗵𝗲𝗱 𝗮 𝗯𝗼𝗼𝗸 𝗰𝗵𝗮𝗽𝘁𝗲𝗿 𝗲𝗻𝘁𝗶𝘁𝗹𝗲𝗱 “𝗧𝗲𝗰𝗵𝗻𝗼𝗹𝗼𝗴𝘆 𝗧𝗿𝗮𝗻𝘀𝗳𝗲𝗿 𝗶𝗻 𝗖𝗵𝗶𝗻𝗮”

Prof. Jyh-An Lee and Dr Jingwen Liu have published a co-authored book chapter entitled “Technology Transfer in China” in Stefan Luginbuehl and Peter Ganea (eds.) Patent Law in Greater China, Second Edition (Edward Elgar, 2026).

Abstract: This chapter delves into the intricate legal framework governing technology transfer in China. It begins with a thorough examination of the current laws, including the Civil Code, the Foreign Investment Law, and the Technology Import and Export Restrictions, along with their respective implementing regulations. The chapter then explores these laws through the perspective of the alleged practice of forced technology transfer (FTT). Foreign investors often cite three types of discriminatory FTT practices: restrictions on foreign ownership in Sino-foreign joint ventures, demands for trade secrets during close-door administrative approval processes, and biased licensing practices for the import and export of technologies.

Notably, while the Civil Code provides default rules for issues such as indemnity risks and the enforceability of grant-back clauses—rules that generally apply across the board—it also defers to specific provisions in foreign investment or technology import and export regulations when a foreign party is involved. Before 2020, these specific laws imposed a different, often more restrictive set of rules compared to the general provisions of the Civil Code. Over the past decade, the Chinese government may have used these special regulations as policy tools to foster its own industrial development. However, recent reforms have eliminated these allegedly discriminatory provisions in response to pressure from trading partners. These evolving policies now align more closely with the principles of fair competition, international trade, and the protection of foreign intellectual property.

💡Read the book chapter here: https://shorturl.at/y6sKP

🎉𝗥𝗚𝗖 𝗔𝘄𝗮𝗿𝗱𝗲𝗱 𝗙𝘂𝗻𝗱𝗶𝗻𝗴 𝘂𝗻𝗱𝗲𝗿 𝗝𝘂𝗻𝗶𝗼𝗿 𝗥𝗲𝘀𝗲𝗮𝗿𝗰𝗵 𝗙𝗲𝗹𝗹𝗼𝘄 𝗦𝗰𝗵𝗲𝗺𝗲 𝟮𝟬𝟮𝟲/𝟮𝟳 𝘁𝗼 𝗗𝗿 𝗬𝘂𝗮𝗻 𝗧𝗶𝗮𝗻 𝗳𝗼𝗿 𝗖𝗼𝗻𝗱𝘂𝗰𝘁𝗶𝗻𝗴 𝗣𝗼𝘀𝘁𝗱𝗼𝗰𝘁𝗼𝗿𝗮𝗹 𝗥𝗲𝘀𝗲𝗮𝗿𝗰𝗵 𝗮𝘁 𝗖𝗨𝗛𝗞 𝗟𝗔𝗪

The Research Grants Council (RGC) has offered a Junior Research Fellow award to Dr Yuan Tian for conducting postdoctoral research entitled “Uncharted Jurisdiction: Law, Empire, and Global Trade in Modern China (1842-1945)” at CUHK LAW for the 2026/27 academic year.

Under the scheme, Dr Tian is expected to commence her 24-month fellowship at CUHK LAW between 1 May and 31 December 2026, which will be conducted under the supervision of Prof. Christopher Roberts.

The RGC Junior Research Fellow Scheme (JRFS, formerly known as the RGC Postdoctoral Fellowship Scheme) provides promising local and non-local postdoctoral researchers at UGC-funded universities with support at a pivotal time in their very early careers, as well as supporting their transition to Assistant Professor or Research Assistant Professor positions at UGC-funded universities during the fellowship period. It aims to nurture and expand a pool of research talents, with a view to propelling research and development in Hong Kong and fostering a research culture.

🏛️𝗖𝗖𝗧𝗟 𝗖𝗼𝗺𝗽𝗮𝗿𝗮𝘁𝗶𝘃𝗲 𝗣𝘂𝗯𝗹𝗶𝗰 𝗟𝗮𝘄 𝗥𝗲𝘀𝗲𝗮𝗿𝗰𝗵 𝗙𝗼𝗿𝘂𝗺 𝗦𝗲𝗺𝗶𝗻𝗮𝗿

English courts have taken two conflicting approaches to fair hearings. One line of cases says fairness or justice requires a hearing only when it stands to contribute to a more accurate overall decision. Another line of cases says that fairness requires a hearing independently of its contribution to an overall decision. Prof. Adam Perry and Mr Angelo Ryu favour the first, accuracy-centred approach. In this article, they offer a precise interpretation of that approach and a novel argument in its support. The Accuracy First principle they defend states that fairness does not demand an administrative hearing (or hearing of a certain form) unless there is a real chance that it will improve the accuracy of an authority’s decision.

📌𝗗𝗲𝘁𝗮𝗶𝗹𝘀 𝗼𝗳 𝘁𝗵𝗲 𝗦𝗲𝗺𝗶𝗻𝗮𝗿
Topic: Fair Hearings: Accuracy First
Date: 24 June 2026 (Wednesday)
Time: 5:00 pm – 6:00 pm
Mode: Online via ZOOM

⭐𝗔𝗯𝗼𝘂𝘁 𝘁𝗵𝗲 𝗦𝗽𝗲𝗮𝗸𝗲𝗿
Prof. Adam Perry grew up in Canada, where he studied economics and law. He came to Oxford in 2006 for the Bachelor of Civil Law and stayed to complete the MPhil and DPhil degrees. After holding academic positions at the European University Institute, the University of Aberdeen, and Queen Mary University of London, he returned to Oxford to take up my current position in 2015.

✏️For details and registration: https://shorturl.at/xHVaO

Centre for Comparative and Transnational Law, CUHK LAW

💡𝗖𝗖𝗧𝗟 𝗧𝗿𝗮𝗻𝘀𝗻𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗘𝗰𝗼𝗻𝗼𝗺𝗶𝗰 𝗟𝗮𝘄 𝗮𝗻𝗱 𝗗𝗶𝘀𝗽𝘂𝘁𝗲 𝗦𝗲𝘁𝘁𝗹𝗲𝗺𝗲𝗻𝘁 𝗚𝗿𝗼𝘂𝗽 𝗦𝗲𝗺𝗶𝗻𝗮𝗿 𝗼𝗻 𝗘𝗻𝘃𝗶𝗿𝗼𝗻𝗺𝗲𝗻𝘁𝗮𝗹 𝗡𝗚𝗢𝘀’ 𝗖𝗼𝗺𝗽𝗹𝗶𝗮𝗻𝗰𝗲-𝗘𝗻𝗵𝗮𝗻𝗰𝗶𝗻𝗴 𝗥𝗼𝗹𝗲𝘀

The participation of environmental NGOs on the international plane has largely been discussed in the contexts of treaty negotiation and adjudication. However, their roles within non-adjudicative implementation and compliance processes—a notable feature of international environmental law—remain underexplored. This seminar discusses environmental NGOs’ compliance-enhancing roles, locating its analysis in two types of civil society participation mechanisms that modern free trade agreements have increasingly incorporated to monitor compliance with environmental provisions.

📌𝗗𝗲𝘁𝗮𝗶𝗹𝘀 𝗼𝗳 𝘁𝗵𝗲 𝗦𝗲𝗺𝗶𝗻𝗮𝗿
Topic: Environmental NGOs’ Compliance-Enhancing Roles: An Empirical Look at Civil Society Participation Mechanisms in FTA Environment Chapters
Date: 17 June 2026 (Wednesday)
Time: 5:00 pm – 6:00 pm
Mode: Online via ZOOM

⭐𝗔𝗯𝗼𝘂𝘁 𝘁𝗵𝗲 𝗦𝗽𝗲𝗮𝗸𝗲𝗿
Siyu Bao is a PhD candidate and Graduate Lecturer at University College London Faculty of Laws. Her research centres on global climate governance and has been published on the World Trade Review and the Asian Journal of International Law.

✏️For details and registration: https://shorturl.at/o3ctB

Centre for Comparative and Transnational Law, CUHK LAW

💬𝗖𝗟𝗜𝗡𝗗𝗦’𝘀 𝟭𝟵𝘁𝗵 𝗜𝗻𝘁𝗲𝗹𝗹𝗲𝗰𝘁𝘂𝗮𝗹 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗟𝗮𝘄 𝗦𝗲𝗺𝗶𝗻𝗮𝗿

National industrial strategies for building critical technologies challenge the scope of “national security” in international intellectual property (IP) protection. The speaker investigates the legal solutions that aim to tackle the unpredictability and instability created by selected trade measures based on national security and other non-economic objectives in international intellectual property protection.

📌𝗗𝗲𝘁𝗮𝗶𝗹𝘀 𝗼𝗳 𝘁𝗵𝗲 𝗦𝗲𝗺𝗶𝗻𝗮𝗿
Topic: Regulating Critical Technologies: National Security and Intellectual Property
Date: 3 June 2026 (Wednesday)
Time: 12:00 pm – 1:00 pm
Mode: In person at Lee Shau Kee Building, CUHK, Shatin/ Online via ZOOM

⭐𝗔𝗯𝗼𝘂𝘁 𝘁𝗵𝗲 𝗦𝗽𝗲𝗮𝗸𝗲𝗿
Phoebe Li is Professor in Law and Technology, Director of the Sussex Centre for Law and Technology (SCLT) at the University of Sussex in the UK. She works on regulating emerging technologies in international multi-disciplinary research projects funded by national governments and international organisations.

🪶For details and registration: https://shorturl.at/JRn34

Centre for Legal Innovation and Digital Society, CUHK LAW

🤖𝗘𝘃𝗲𝗻𝘁 𝗥𝗲𝗰𝗮𝗽: 𝗧𝗵𝗲 𝟲𝘁𝗵 𝗠𝗮𝗰𝗵𝗶𝗻𝗲 𝗟𝗮𝘄𝘆𝗲𝗿𝗶𝗻𝗴 𝗖𝗼𝗻𝗳𝗲𝗿𝗲𝗻𝗰𝗲

The Centre for Legal Innovation and Digital Society, CUHK LAW hosted the 6th Machine Lawyering Conference on 21–22 May 2026. Scholars from 25 institutions across 14 jurisdictions presented 31 papers on topics including AI competition, humanoid robots, algorithmic harm, digital money laundering, AI in criminal justice, and stablecoins.

Papers were selected from over 130 submissions via anonymous peer review by a committee of CUHK LAW professors. The following awards were presented in recognition of outstanding research quality:

🏆𝗕𝗲𝘀𝘁 𝗣𝗮𝗽𝗲𝗿 𝗣𝗿𝗶𝘇𝗲
• First Place: Prof. Eric Posner & Mr Shivam Saran
• Second Place: Dr Stergios Aidinlis & Dr Rebecca Owens

🌟𝗛𝗼𝗻𝗼𝗿𝗮𝗯𝗹𝗲 𝗠𝗲𝗻𝘁𝗶𝗼𝗻 𝗔𝘄𝗮𝗿𝗱
• Prof. Kevin Crow & Ms Jessica Chuah
• Prof. James Zeng
• Prof. You Zhou, Prof. Angela Daly, Prof. Bin Li & Prof. Ivan Y. Sun

We extend our heartfelt thanks to all speakers and participants for their invaluable contributions to this successful conference. Special thanks to the Conference Organising Committee, including Prof. Kevin Cheng, Prof. Stuart Hargreaves, Prof. Robin Huang, Prof. Jyh-An Lee, Prof. Sandra Marco Colino, Prof. Eliza Mik, Dr Chimdessa Tsega, Prof. Jingyi Wang and Prof. Normann Witzleb.