77907 - Law and Business in China ReLaTe

Learning outcomes

At the end of the course unit, students: - know the fundamentals of Chinese legal system, especially the structure and legal process, with a focus on legal aspects of economic and commercial transactions guided by sustainable development; - are capable to apply Chinese law sources in the economic and commercial fields and can interact with institutional and private actors dealing with business.

Course contents

The course of Law and Business in China is financed by the European Union as Jean Monnet Module, called ReLaTe - Law and business in China in the framework of the EU and China investment and trade relations: the challenges of digital-tech age.

The Module proposes a teaching course and seminars, all delivered in English, to reconstruct, on the one hand, the evolution of the last thirty years of dialogue and cooperation initiatives between the EU and China in the field of investments and trade, and the related legislative framework, and on the other hand, to understand the current complexities and challenges that digital is presenting and the regulatory approaches adopted by the EU and China to this regard.

The course is divided into two modules of 28 and 20 hours.

The course program is organized as follows:

1. Introduction to the Chinese legal system

1.1. The sources of contemporary Chinese law. 1.2. The modernization. 1.3. The entry into the WTO. 1.4. The structure of the Chinese administrative system.

2. The dialogue and cooperation between the EU and China in the investment and trade relations

2.1. Reconstruction of the evolution of the EU-China dialogue and cooperation in investment and trade relations in the last three decades. 2.2. EU external actions: policies and strategies towards China. 2.3. China external actions: focus on the Belt and Road Initiative.

3. The legislative framework of the investment and trade relations between the EU and China

3.1. EU and China FDI legislative framework. 3.2. Chinese Special Economic Zones and Free Trade Zones. 3.2. The Chinese Foreign Investment Law. 3.3. The EU-China Comprehensive Agreement on Investment.

4. The new emerging global governance in the digital domain: the regulatory approaches of the EU and China

4.1. EU policies and strategies in the digital domain. 4.2. Introduction to the EU legal framework in the digital domain and the role of the European Court of Justice. 4.3. China policies and strategies in the digital domain. 4.4. EU and China in the definition of the new digital sovereignty.

5. Comparing EU and China legislation in the digital domain

5.1. E-commerce. 5.2. Personal data. 5.3. Artificial Intelligence.

Some experts will deliver during the year focus seminars in order to provide the students with specific insights on the topics covered by the course. All the information regarding the seminars organized during the year will be available on the ReLaTe website.

Readings/Bibliography

Sheng Zhang, Protection of Foreign Investment in China: The Foreign Investment Law and the Changing Landscape, in European Business Organization Law Review, 2022, pp. 1049–1076.

Weinian Hu, Jacques Pelkmans, Can dialogues advance EU-China trade relations?, 2020, available at CEPS website (www.ceps.eu).

Matthieu Burnay, Obstacles, Opportunities, and Red Lines in the European Union: Past and Future of the CAI in Times of (Geo)-Politicisation, in Journal of World Investment & Trade, 2022, pp. 675–699.

Roberts, Huw and Cowls, Josh and Casolari, Federico and Morley, Jessica and Taddeo, Mariarosaria and Floridi, Luciano, Safeguarding European Values with Digital Sovereignty: An Analysis of Statements and Policies (October 6, 2021). Internet Policy Review, Forthcoming

Matthew S. Erie, Thomas Streinz, The Beijing Effect: China's Digital Silk Road as Transnational Data Governance, in New York University Journal of International Law and Politics, 2021.

Roberts, Huw and Cowls, Josh and Casolari, Federico and Morley, Jessica and Taddeo, Mariarosaria and Floridi, Luciano, Safeguarding European Values with Digital Sovereignty: An Analysis of Statements and Policies (October 6, 2021). Internet Policy Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3937345.

Timoteo Marina, Verri Barbara, Yukai Wang, Ethics Guidelines for Artificial Intelligence: Comparing the European and Chinese Approaches, in CHINA AND WTO REVIEW, 2021, 2, pp. 305 – 330.

Roberts, Huw and Cowls, Josh and Morley, Jessica and Taddeo, Mariarosaria and Wang, Vincent and Floridi, Luciano, The Chinese Approach to Artificial Intelligence: an Analysis of Policy, Ethics, and Regulation (September 1, 2019). Roberts, H., Cowls, J., Morley, J. et al. The Chinese approach to artificial intelligence: an analysis of policy, ethics, and regulation. AI & Soc 36, 59–77 (2021). https://doi.org/10.1007/s00146-020-00992-2, Available at SSRN: https://ssrn.com/abstract=3469784.

Wu Lan, The Chinese personal information protection law (PIPL): China’s new law on personal information, ANNUARIO DI DIRITTO COMPARATO E DI STUDI LEGISLATIVI», 2022, 1, pp. 317-337.

Huang-Chih Sung, Unfair Competition Issues of Big Data in China, in P. Hanne, X. Wen, M. Akhtar (eds.), Living Apart Together: Chinese-European Perspectives on Legal Cultures and Relations in the Digital Age, Naveeñ Reet: Nordic Journal of Law and Social Research, 2020, pp. 187-204.

Chen Zeng, Chinese Localization of the Right to Be Forgotten, in P. Hanne, X. Wen, M. Akhtar (eds.), Living Apart Together: Chinese-European Perspectives on Legal Cultures and Relations in the Digital Age, Naveeñ Reet: Nordic Journal of Law and Social Research, 2020, pp. 253-274.

Junlin Peng, Wen Xiang, The Rise of Smart Courts in China: Opportunities and Challenges to the Judiciary in a Digital Age, in P. Hanne, X. Wen, M. Akhtar (eds.), Living Apart Together: Chinese-European Perspectives on Legal Cultures and Relations in the Digital Age, Naveeñ Reet: Nordic Journal of Law and Social Research, 2020, pp. 345-372.

Teaching methods

The course follows an interdisciplinary approach. The teaching method aims at the involvement of the students and at the cooperative learning in class, combining the classic frontal lessons with the study and critical analysis of cases and writings regarding the topics covered by the course. In this perspective, for interested students attending the course, it will be possible to elaborate (individually or in groups) papers and podcasts on specific topics to be discussed in class.

The intensity and continuity of participation to the course will be assessed by self-certification.

Assessment methods

The final exam will be done orally, through an interview with the professor and her assistants. The marks are out of 30/30.

The oral examination is designed to appreciate the level of understanding and mastery of the comparative method in the study of the topic covered by the course and the active ability of working with the fundamental rules governing the sectors of the law object of course. The achievement by the student of an organic vision of the issues addressed, and in particular the ability to capture the dynamic aspects of the evolution of the legal framework in the context of the EU-China legal relations in the field of investment and trade, will be evaluated with marks of excellence. The knowledge of the topics covered in the course that is mainly mnemonic and notional and that will lead to an oral colloquium not well supported by reasoning of synthesis and analysis of the issues, and the using an organic and correct language but not always appropriate, will lead to an average pass outcome; training gaps and / or inappropriate language, albeit in the context of a minimal knowledge of the exam material, will lead to just enough mark; training gaps, inappropriate language, lack of guidance within the texts, will be adversely evaluated.

For students attending the course, it will be possible to substitute the oral examination with the presentation of a paper and the realization of podcasts on topics agreed upon with the teachers. Some podcasts will be selected to be uploaded on the ReLaTe website.

In order to sit for the exam, registration through the electronic platform "Almaesami" is required, in compliance with mandatory deadlines (usually 7 days before the date set for the examination). Those who do not succeed with the enrolling by the due date, are required to report promptly (and in any event before the official closing of the registration lists) the problem to the school's secretary office. The professor, evaluated the problem, will decide about the admission to sit for the exam.

The record of the evaluation can be done only on the date set and indicated in Almaesami, following the previous registration.

The course will be held in the first semester and therefore students who have chosen the course in the current year will be able to sit for the exam starting from the month of January.

Only students that are regularly enrolled, that paid all the due university taxes, will be able to sit for the examinations. Under no circumstances it will be possible to sit the examination and proceed with the registration not simultaneously.

Thesis

For the purposes of assigning a Bachelor’s degree project in Law and Business in China, the knowledge of at least one foreign language is required. The level of the foreign language will be verified through a preliminary interview. Interested students are therefore invited to contact the professor or dr. Barbara Verri to agree on the date on which the colloquium is to be held.

Once the subject of the dissertation has been identified and approved by the professor, the students will have to periodically inform the rapporteur on the state of progress of the work, according to a work program agreed upon. Once the thesis is completed and the teacher's permission is received, the students will be able to proceed with the secretarial delivery within institutionally established terms.

Where strictly necessary, the correlation request must be discussed and agreed with the teacher, who will eventually contact the chosen teacher for correlation.

Teaching tools

During the course, additional materials (i.e., judicial decisions, academic writings and videos) will be made available for student. The uploading of the materials used during the lectures will be made on the Virtuale platform.

Moreover, experts will be invited to hold lectures and seminars.

Office hours

See the website of Marina Timoteo