At 9 a.m. on June 2nd, 2013, the “2013 International Law School Students’ Forum", jointly organized by Renmin University Law School and Indiana University McKinney School of Law, was convened in International Conference Room 601 of Ming De Law Building in Renmin University.
Association Professor Jiang Dong chaired the opening ceremony and Dean Han Dayuan made a welcome speech initially. On behalf of Renmin Law School, Dean Han warmly welcomed law students from different countries and various regions. Meanwhile, he pointed that law students, characterized with the open mind and diverse methods of thinking, gather together to discuss the cutting-edge issues on Chinese and Western legal systems will enhance the communication between different legal systems, the communication between law students from different Law Schools from the entire world and the mutual study between the said Law Schools.
Then, Dean of Indiana Law School, Professor Gary Roberts made welcoming remarks. He said that Indiana Law School has cooperated with Renmin Law School for sixteen years. During the sixteen years, the scale of the program has increasingly become larger and achieved good results. Four years ago, the program of Chinese Law Summer School started organizing the Law Students’ Forum. This year, in addition to summer school students, the forum has invited a lot of students from other countries or regions as well. Therefore, through the discussions and exchanging ideas, students will gain a lot.
Finally, Dean Assistant Professor Ding Xiangshun made a speech. He mentioned that we now live in an era of internationalization. With the rapid economic development of China, China’s exchanges with the world will become more frequent and wide. The gradual development and promotion of Chinese Law Summer School program in the past sixteen years has built a good platform for the communication between students worldwide, and he sincerely hopes the International Law School Students’ Forum a complete success.
Subsequently, Indiana University McKinney School of Law presented to our Law School a painting of “Goddess of Justice" which is pictured by the famous artist Donna Carr Ms. Who described the elements and contents contained by the painting in her following speech.
After the opening ceremony, "2013 International Law School Students’ Forum" seminar started. Students from various countries and regions launched an in-depth discussion on those frontier issues. In the morning, the participants conducted a plenary session, and the afternoon is divided into two sub-forums with four units to discussion.
Plenary session [Law & World]
Chair: Elena Ponte, law school student of University of Ottawa in Canada
Speaker: Olivia LE FORT, law school student of University of Geneva in Switzerland
Topic: The European Court of Human Rights (hereafter “ECtHR”) as a Safeguard for Asylum Seekers against ill-treatment in their Countries of Origin
The speaker briefly summarized and analyzed the most important cases of ECtHR’s jurisprudence for asylum seekers as a safeguard against ill-treatment in their countries of origin when facing expulsion from Europe such as 1989 case of Soering v. United Kingdom, 1991 case of Cruz Varas and Others v. Sweden and many other judgements made by ECtHR in respect to the expulsion of asylum seekers to various non-European countries including Sri Lanka, Somalia and Afghanistan, in which the court found that the expulsion would amount to a violation of Article 3 of the European Convention on Human Rights.
Speaker: Angelica McCall, law school student of The University of Sydney in Australia
Topic: Sustainable Development, Environmental Public Interest Litigation and the Green Court
She introduced the concept of sustainable development and the basic principles of international environment law. In the lecture, the speaker emphasized the role and importance of public participation in the settlement of global environment problems. The lecture also concerned the “Green Court”, i.e., a special court for the settlement of disputes about the environment pollution, use of natural resources and land resources and some other relevant litigations.
Speaker: Peter Cohen, law school student of The University of Cape Town in South Africa
Topic: African Customary Law in South Africa’s Pluralistic Legal system
Since the establishment of the first Democratic Constitution of South African in 1994, African Customary Law has been recognized and protected, which means it can be cited as ratio decidendi just as common law cited by the court. However, the essence and ways it is applied are quite different from common law. Moreover, African Customary Law is a law in life which is implemented by the local tribes and passed down orally.
Speaker: Sharon Roberts, students of Robert H. Indiana University McKinney School of Law
Topic: Legal Education and Human Rights: Shadow Reporting and Clinical Representation of Asylum Seekers
Since the establishment of Program in International Human Rights by Professor George Edwards in 1997 as the only law school program granted Special Consultative Status by United Nations in 2011, students in collaboration with the program have produced at least 14 Shadow Reports since 2000 ,in which involve various topics such as Juvenile life without parole in the U.S., Rights of the Roma (aka gypsy) population in Europe, Freedom of the press in Zambia, Rights of sexual minorities in Chile etc.. The speaker pointed out that the realization and improvement of human rights depends on everyone’s behavior. If there is interest in human rights on both students and faculty of law schools, if they are willing to work, willing to travel, willing to observe, report, learn and teach, they could make a difference in promoting human rights
Speaker:. Liu Beimin, law school student from Renmin University of China
Topic: Human Rights in Two Continents: from the Perspective of a Chinese Undergraduate Intern at the European Court of Human Rights
The speaker analyzed the similarities and differences in the concept of human rights, the human rights protection mechanisms, and human rights educations between China and Europe based on his experiences as an intern at the European Court of Human Rights. from the perspective of a Chinese Undergraduate. He also answered several questions about the internationalization of concept of human rights and the localization of human rights protection mechanism, the relationship between human rights law and commercial law, characters of the current human rights protection mechanism and its improvements in the following discussion about his lecture.
Parallel Session I [Law & Rights]
Chair: Hao Wanyuan, student of Renmin Law School
Speaker:Yi Zhang, Faculty of Law, Hitotsubashi University
Topic: Peace or Justice? ----The effectiveness of the International Criminal Court in peacemaking process in Darfur case
She introduced a case that the Pre-Trial Chamber I of the International Criminal Court (ICC) issued a warrant for the arrest of Omar Hassan Ahmad Al Bashir, President of Sudan, for war crimes and crimes against humanity. This was the first time that the case was referred to the ICC by United Nations Security Council. The issue of the arrested warrant was aimed to restore public order and peace in Darfur area. However, critics said that the lack of enforceability of arrest warrants had hampered the effectiveness of the function of the ICC played in peacemaking in Darfur. In her speech, she wanted to examine the effectiveness of the ICC in the peacemaking process in Darfur conflicts and seek the new way to achieve both peace and justice by cooperating with other international actors.
Speaker:Jane Godfrey, University of Western Australia Law School
Topic: The legal protection of animals and the balancing of interests
She advocated that animals cannot protect themselves, so we must protect them. However, as Western civilization generally classifies animals as mere instruments to be exploited to satisfy the wants, needs and interests of humans, the protection of animal welfare is often outweighed by the desire to promote economic interests. She also discussed how Australian law attempted to balance the competing interests of animal welfare, financial gain and religious freedom.
Speaker:Alisha Ellis, IU- Robert H. Indiana University McKinney School of Law
Topic: Law, Mental Health and Legal Responsibility
She first introduced the definition of mental health courts and statistics regarding mental health and the legal system. Then she presented us the history of American mental health court diversion programs. She also made an introduction of mental health courts’ structure and dependent requirements, and its benefits and deficits. Alisha thought that though its humanity, mental health court lacked resources and support from all fields.
Speaker:Shi Jiayun, Renmin University of China Law School
Topic: Coming out of denial: AIDS/HIV Law and Policy in China
She gave an overview of China’s HIV epidemic and presented the development of AIDS policy and law in China. She said: “Our government focused on HIV transmission from abroad to the country, took some measures such as limited the entry of foreigners with AIDS and made strict control of foreign imports of blood products. Then, our government took the policy "combining prevention, prevention first. At the third stage in 2006, the State Council implemented "AIDS Prevention Act”, and made increasing emphasis on human rights of people with AIDS or infected.
Parallel Session II [ Law & Education]
Chair:Alicia Albertson, Mckinney School of Law.
Speaker:Lee Joon Seok,Ph. D. student at Seoul National University
Topic: Socialization effect of Judicial Research and Training Institute to public spirited students
At the beginning, he talked that in South Korea, the legal profession was a job with high income which everybody admires. On the other hand, the legal profession was considered to be representing only the interests of the haves. With these mixed attitudes towards the legal profession, those who participated actively in the human rights movement while they were university students have chosen to be a member of the legal profession. Then, he talked the value system change by in-depth interviews with 16 alumni of JRTI who participated in human rights movement before entering JRTI.
Speaker:Michael Fenton,J.D. Candidate, 2014 University of Minnesota
Topic: Educating Students to Conduct International Business Transactions
He first talked that now U.S. law schools focus on litigation-based instruction and appellate opinions. Then he pointed out what transactional lawyers need and law schools do not provide. He said that U.S. law schools focus on problems, such as capacity to contract, “meeting of the minds,” fraud, fiduciary duties, choice of law and jurisdiction. Besides, he also discussed with other students about if law schools should improve IBT training.
Speaker;Gabriela Castilhos ,LLM Candidate ofIndiana University McKinney School of Law
Topic: The Role of Law Clinics in Preparing Students to Handle Transnational Environmental Issues
In her speech, she first talked about the challenges to new lawyers that are the need for experience and international outlook. Then she did the case study which is the cross– border legal issues at the Great Lakes and the work of students enrolled in a Transnational Environmental Law Clinic. At last, she gave her views about how other law schools could take advantage of the model
Speaker:Jake Kolisek, J.D. Candidate 2015 ,Indiana University McKinney School of Law
Topic: Preparing Young Lawyers for a Globalized World: Analyzing the Joint JD/LLM Degree Option
In the speech, Jake analyzed the joint JD/LLM Degree option from many aspects. He talked its importance, how it works in Villanova Law School, universities that offer Villanova JD & LLM Degrees, the academic requirements. At last, he showed the benefits and the drawbacks about this joint degree.
Parallel Session III [Law & Trade]
Chair: Xiong Bingwan, Student of Renmin Law School
Speaker: Nany Hur , Korea University
Topic: Contribution of Trade Measures to Enforcement of Climate Change Regime
She introduces that “United Nations Framework Convention on Climate Change (UNFCCC) and “Kyoto Protocol” are the reflection of worldwide cooperation to prevent further climate change. However there exist a lot of limitations. The lack of enforcement mechanism in the climate change and retaliation in Climate Change Regime cannot be an effective countermeasure”.
She also pointed out that International trade measures under the stronger enforcement mechanism might take a role to supplement the weak enforcement system of the climate change regime. Unilateral international measures were eligible to be a fully legitimate and stronger enforcement mechanism for the climate change regime.
Speaker: Heather Grimstad, Indiana University Robert H. Indiana University McKinney School of Law
Topic: National Regulation in an International Context: The Role of Foreign Lawyers.
“With the development of globalization, lawyers are also becoming globalized, however there can be difficulties practicing as a foreign lawyer.”she said. The comparison of Brazil and the United States is to illustrate the different routines of lawyers, in order to provide practices for future lawyers, and broaden the insights of students.
Speaker: Blake Dedas, Indiana University Robert H. Indiana University McKinney School of Law.
Topic: ‘Business Incubators and Legal Clinics: Opportunities for Students to Protect Small Business in a Big World’
"Since ancient times, the world economic expericed both prosperity and depression" he said. And he also pointed out that the emergence of business incubator – legal clinic partnerships played an important role in economic recession, such as supplying job opportunity for the job losers. So we should provide solid foundation for the development of these institutions.
Speaker : Sun Yili, Renmin University of China Law School
Topic : Comparison between CISG and Chinese Contract Law
She talked about the Contract Law of the People’s Republic of China (the Contract Law), which was enacted on October 1, 1999. This law document is influenced by ‘The United Nations Convention on Contracts for International Sale of Goods’ in many aspects. She concluded that besides the differences, there were many similarities between “Chinese Contract Law” and “ The United Nations convention on the international sale of goods”, like the condition of entering into a contract, termination of the contract, liability for breach of contract and so on..
Parallel Session IV [Law & Society]
Chair：：Rory Gallagher，students of Robert H. Indiana University McKinney School of Law
The speaker talked about the liability of joint tortfeasors. In his speech, he uses typical cases in industrial pollution to illustrate his thoughts about the specific articles in Japanese civil law. He founds that there are some similar regulations about joint tort between the Tort Liability Law of China and the Civil Code in Japan. He also advocates that all the countries should take action to fight against the industrial pollution.
Speaker: Naoyuki OKANO, law school student from Nagoya University.
Topic: Legal mobilization in Japan.
Thephenomenon that “every vote has the different values” exists in Japanese election due to the electoral system in Japan and the diffrerent number of voters in every electoral district The speaker took several influential cases about recent election disparity as examples to show the power of new technology and grassroots movement.
The speaker introduced the contents and significance of the fourth constitution of Mongolia. He talked about the history of constitutions in Mongolia and the birth of the forth constitution. She also mentioned the huge changes in politics, economy and society of Mongolia caused by the fourth constitution. She believes that the fourth constitution has creates a freer and happier life for all the citizens.
Speaker：Sakae Suzuki，Nagoya University Graduate School of Law
Topic：The Introduction of Japanese Social Security Law
Sakae Suzuki introduced the principle of The Public Assistance Law. It is that the state should guarantee the minimum levels of health and civilized life of the whole nation.In the speech, he talked about the principle though the Asahi case in which Mr.Asahi sued the Local Department of Social Security because they lowered the standard of public assistance. After the judgment of the district court and the high court, the supreme court held that the power of decision of “the lowest standard” lay in the Health and Social Security Department., only when there was a distinct unlawful act, will they make judicial review. Sakae Suzuki thought that a clear standard should be set up to solve the problems.
Speaker：Kong Xin, Renmin Law School
Topic: Surrogacy and the Law : Whether Surrogacy Agreements Should be Enforceable
Surrogacy is a new way to assist reproduction and it brings controversy in both legal and moral aspects. Commercial surrogacy is always baned in the would because it goes against the public policy. She introduced the attitude towards the surrogacy of many different countries by comparison. In her opinion, it was not a wise way to ban all the surrogacy in China. Only when we make a law to regulate surrogacy in a proper way can we protect the rights of the surrogacy parties and play a positive role in the society.
Editor: Meng Shan.
Translator: Huo Bo, Hu Shanchen, Wu Meijuan, Xie Shuangjiao,
Guo Xiaomin and Hao Wanyuan