The Completion Ceremony of the China-Latin America "Belt and Road" Law Cooperation Seminar·the Seminar on China-Latin America and Caribbean Countries Legal Talent Exchange Program is successfully held.

On the afternoon of May 30, the completion ceremony of the China-Latin America “Belt and Road” Law Cooperation Seminar·the Seminar on China-Latin America and Caribbean Countries Lega Talent Exchange Program was solemnly held in SUFE. Deputy Director of the International Liaison Department of the Chinese Law Society presides over the work Shi Weidong, Full-time Vice President of the Shanghai Law Society; Zhou Jiepu, Standing Committee Member of the Party Committee of SUFE, Secretary of the United Front Work Department and Director of the China-Latin America Legal Training Base; Song Xiaoyan, Dean and Professor of the Law School of SUFE; Yang Le, Secretary of the Party Committee of Law School; Luo Shanhong, Deputy Secretary of the Party Committee of Law School participate this ceremony. Besides, lawyers and scholars from Chen & Co. Law Firm, DHH Law Firm, Shanghai University of International Business and Economics, School of International Law of East China University Of Political Science And Law and Law School of SUFE, and 16 justices, prosecutors, lawyers, scholars and corporate staff from 13 countries in Latin America and Caribbean participate in this seminar and completion ceremony together. The whole seminar and completion ceremony was hosted by teacher Wang Jinlin from Law School of SUFE.

Dean Song Xiaoyan first addressed the Seminar. She pointed out China and Latin America need to strengthen cooperation in trade and investigation, building a bridge of communication through cooperation. However, the cooperation faces many challenges due to two countries’ differences in the financial system, legal system, and market structure. Therefore, it is hoped that through this seminar, some feasible methods can be found to cope with the difficulties and challenges in front of them.

Seminar Unit One took “Research on China-Latin America ‘Belt and Road’ Financial Cooperation & Security Legal Issues” as the theme. Professor Maria Ampero Alwan, member of Board of Directors of the International Research Center for Environment and Territory, University of the Western Hemisphere of Ecuador, spoke first. Her speech topic is “ ‘Belt and Road’ Propose: A Sustainable Opportunity”. Maria mentions China-Latin America’s income and dilemma of the sustainable development under the background of Belt and Road. In terms of income, China is a very important investment partner for Latin America, as it is the second important partner and third investigator for Latin America. In future cooperation, China and Latin America should first enhance understanding of each other’s cultures, at the same time, understanding each other’s legal and institutional framework. The cooperation between China and Latin America is bound to have difficulties brought about by the current situation, so we need to persist in development, seize the opportunity of internationalization, adopt an international perspective, develop and cooperate jointly. In the end she proposed reinterpretation of investigation and trade from the perspective of historicism, expanding the potential of China and Latin America.

Professor Zhang Jihong from Law School of Shanghai University of International Business and Economics delivered a speech of “Response and Thinking of Financial Legal System to ‘Belt and Road’ Initiative”. In the speech, she refined the financial core of the “Belt and Road” initiative as deepening financial cooperation, promoting the stabilization of Asian Financial Monetary System and the construction of investment, financing and credit system. She believes that the "Belt and Road" initiative has three characteristics in terms of financing needs. Firstly it is due to the capital financing of “Belt and Road” initiative having significant capital needs and financing cycle; then the second characteristic in terms of financial needs is low business motivation and high concentration; finally the third characteristic of “Belt and Road” manifests as long-term financial sustainability. She thus uses openness and democracy to summarize the concrete needs of “Belt and Road” initiative to financial legal system. She also proposes two major paths as the financial legal system’s response to the “Belt and Road” initiative: one is the legalization of policies, and the other is the legalization of principles.

Ronnie Rochelle Fernando Yewood, Lecturer, Law Department, Cavehill Campus, University of the West Indies, Barbados makes a speech of “Surpass Caribbean Beach: Cross-border interoperability as a ‘regional’ sandbox supervision mechanism”. He first introduced the definition of sandbox supervision as a fintech and introduces the purpose and conditions of its use. Next, he introduced cross-border interoperability, the terminology for financial activities. Meanwhile, he recommended the advantages, purposes and instructions of sandbox and cross-border interoperability. In China, the financial supervision is still comparatively strict, and Chinese acceptability of innovative financial products is very high, hence, he advised carrying forward the use of sandbox and cross-border interoperability, two relatively new innovative products and services, in China and Caribbean Sea.

Xia Daile, Lecturer, Law School of SUFE, delivered a speech of “Constitution & Development of Foreign Banks in China”. Above all, Xia introduces that foreign banks have a history of 40 years in Chinese banking industry and there are special laws and regulations to supervise the development of banking industry, especially the laws and regulations for foreign bank. She summarizes foreign banks’ development in China as three stages. The first stage is the adaptation stage from 1980 to 1994. At this stage, Chinese and foreign investors had just entered the Chinese banking industry, but they were only allowed to carry out pilot activities in cities including Beijing, Shenzhen, Shanghai, Zhuhai, and Xiamen. The second period is from 1994 to 2001. At this stage, the RMB business was gradually opened to foreign banks, and the Point area expanded to more areas including Zhejiang and Jiangsu. The third stage is from 2001 to present, which is the stage after China joined the WTO. At this stage, State Department have released some corresponding documents and removed many restrictions. However, she points out foreign banks have encountered some difficulties in China since 2006. One is the huge impact of the global financial crisis since 2008, and the other is Chinese local banks are more involved in the shadow banking business.

Oscar Mario Botero Restrepo, Colombia 1493 Law Firm Senior Advisor, Latin American Investment Department, Bogota, Colombia delivered a speech about “Another Possibility to Dual State Investment Protection: Bilateral Investment Agreement between China and Colombia”. Firstly, he points out Colombia and China have achieved important growth in their investment relations in the past decade. A notable proof is the signing of a bilateral investment agreement between Colombia and China in 2013 and Chinese investors have been increasing since the signing of bilateral investment agreement. This bilateral investment agreement is mainly to convey to the world Colombia’s importance to international partners. He believes that this bilateral investment agreement is complete and protects investment. He especially hopes to promote Colombia in today’s meeting. He believes that Colombia has strong strength and great potential in terms of infrastructure, energy and capital markets. Therefore, he hopes that the “Belt and Road” will continue to be Colombia’s infrastructure.

Chen Gui, Lawyer from Chen & Co. Law Firm, the topic of his speech is “Opportunities for China-Latin America Investment, Economic, Trade and Legal Cooperation ". He first introduces the overview of China-Latin America Economy and Trade. Latin America is second only to Asia in China’s foreign investment, so it is reasonable to believe that with the development of the “Belt and Road”, bilateral trade and investment will usher in further growth. In his view, the biggest problem with China-Latin America cooperation is the lack of legal services. Therefore, he put forward several suggestions for enhancing China-Latin America legal service cooperation. The first is to carry out the education of the Law Society, and the second is to establish a cooperation mechanism between the National Lawyers Association and the Latin American Lawyers Association.

The last guest in the first unit was Marcos Ludwig, a partner lawyer of Brazil’s Verano Law Firm and a member of the China office. The topic of his speech is “Recent Chinese capital in Brazil’s energy and infrastructure: an overview of the legal framework and case studies”. He reviewed the figures on trade and investment relations between China and Brazil, introduced Brazil’s legal system framework, listed relevant investment laws and regulations, and finally introduced the legal issues that Chinese investors may encounter in Brazil. First, China is the most important trading partner of Brazil, moreover, it is foreseeable that two-way investment will usher in more growth. Second, Brazil’s legal system aims to promote more cooperation between humans, which is consistent with the guidelines and content covered by China’s “One Belt One Road” initiative. Third, Brazil’s legal framework has special laws and regulations that promote investment cooperation, such as concession law, environmental protection law, investment partnership project law, etc. Fourth, related legal issues and risks still exist, such as the confirmation of environmental protection, protection of the interests of local communities and labor risks.

After the keynote speech of the first unit, entered the free discussion time. Maria Ampero Alwan raised the question of comparative law in response to Chen Gui’s speech. Chen Gui believes that from the perspective of comparative law, especially when it comes to investment supervision, we can learn more from the British model. Qi Meng, from Chinese Law Society, adds to Chen Gui’s report. She points out that the Chinese Law Society and law schools in Chinese universities have signed cooperation agreements with many institutions in the world, including about 60 Latin American institutions.

The theme of the second unit is "Legal Guarantee of Trade and Investment Facilitation from the Perspective of China-Latin America Judicial Reform" Alisha Patricia Nicola Elias Roberts, Deputy Dean of the Faculty of Law, University of the West Indies, Trinidad and Tobago, St. Augustine Campus, and Alana Vanessa, executive director and lawyer of the Guyana Bar Association Raul introduced the judicial reforms in the Caribbean and Guyana to promote China-Latin America cooperation. Alisha first introduces Commonwealth Caribbean law and points out that the legal system, investment and trade, and regulatory systems in the Caribbean are much more complicated than they seem, involving many people and different cultures. Next, taking the legal education at the University of the West Indies in Trinidad and Tobago for example, she introduces the legal education in the Commonwealth of the Caribbean. Alana introduces the cooperation opportunity in the judicial reform between China and Caribbean area. She first introduces Guyana’s population and basic legal system, as well as the dilemma in Guyana’s judicial reform. The World Bank's rating for Guyana's business environment is not high. Guyana hopes to improve the current business environment through a judicial reform. And this event serves as a very important opportunity to learn about legal practices of other countries and improve the efficiency of domestic law.

Jin Yao, Lawyer from Beijing DHH(Shanghai) Law Firm, the topic of his speech is “National Customs Clearance Integration Reform of China Customs”. He introduces the reform trends of China Customs in the speech. The reform of China Customs are divided into two centers and three systems. The two centers include the Risk control Center and the tax collection and administration Center. The capital Beijing is the first-level risk control center, while Qingdao, Shanghai, and Guangzhou are the water transportation center, air transportation center, and land transportation center of the first-level centers. The system includes one-time declaration and step-by-step disposal. In particular, the review stage is placed after the customs clearance stage, and a stock management model is adopted to conduct a verification system that releases taxes first.

Jorge Daniel Otis, the managing partner of Argentine Otis Law Firm (titled), mentioned the importance of dreams and joy in his speech. The mission of the country is to achieve happiness and dream. In doing so, the functions of the government, the pursuit of people in China and Latin America are the same. He believes that the Chinese government has done better than Latin American countries in this regard. And the solution to the unhappy life needs to rely on the advisory committee to provide advice, strengthen mutual understanding, and then implement investment.

Associate Professor Li Jing, School of International Law, East China University of Political Science and Law, delivered a speech of “China-Latin America International Trade and Investment Dispute Resolution Mechanism”. She first explained the background information of China’s tatus as the second largest trading partner of Latin America and the leaping rise in investment in Latin America. Next, she introduced three obstacles encountered in investment, including Chinese enterprises’ unfamiliarity with the legal system and legal culture of Latin America, Chinese enterprises’ disrespect for local security standards, and the risk brought by the political turmoil of the host country. Then she introduced arbitration and litigation as the main methods of dispute resolution, and put forward four suggestions for improving dispute resolution, including strengthening exchanges, establishing a China-Latin America arbitration center, and developing more bilateral treaties and strengthening commercial and legal cooperation.

Astrid Francesca Guzman Vergara, Former staff of the Infrastructure and Supervision Department of the Office of the Auditor General of the Republic of Chile, a Master of Laws graduate student in the Chinese Law Program of Tsinghua University, did "Understanding the Corporate Management of Chinese State-owned Enterprises:" Speech on "Challenges under the Initiative". She believes that the main role of “Belt and Road” initiative is to build to meet the infrastructure requirements of countries along the route, while helping developing countries achieve prosperity. In her opinion, the reason why “Belt and Road” and China’s state-owned enterprises are closely related is because most of the projects under the initiative come from infrastructure. She introduced the structural design of Chinese state-owned enterprises, including several different types of ownership and the internal governance structure of state-owned enterprises. She believes that in the context of the “Belt and Road” initiative, the structure of Chinese state-owned enterprises must pay special attention to the protection of the rights and interests of minority shareholders.

Professor Zhang Mingchao from the Law School of Shanghai University of Finance and Economics gave a speech titled "China's Cross-border Cargo Insurance Law and Practice". She first introduced the actual operation of how cross-border cargo transportation promotes trade development, and then introduced China's legal framework in this regard. Finally, she put forward some suggestions for promoting the transportation of goods in global trade. According to WTO data, China has become the largest exporter and the second largest importer. Cross-border cargo insurance involves many infrastructure projects covered by the “Belt and Road”, and China's insurance market is playing an increasingly important role. The legal framework of China's insurance includes insurance law, maritime insurance law and maritime law. In order to promote trade facilitation, she recommends insurance to cover the risks encountered in trade, which requires investors to understand the laws of the local country.

Ricardo Antonio Guerrero Otis, a Mexican graduate student with a master's degree in comparative law at the China University of Political Science and Law, gave a speech on the impact of foreign investment law on Chinese companies. He believes that the subject of foreign investment needs to combine domestic laws and international factors. China has just protruded the latest foreign investment law, which involves many issues in foreign investment and is very important because it deals with how foreign investment will be treated in China. He introduced the basic situation of this law, and believed that this law provides a means to prevent the government from taking unfair behavior. Finally, he believes that with the promulgation of this law, China's foreign investment environment will be further improved, especially the development of foreign investment in Shanghai can further promote the development of foreign investment throughout China.

The last speaker of the second session, Constanza Farias Prieto, Partner and Director of the Administration and Public Affairs Department of Chile’s Osa Alexandre Law Firm, introduced the cooperation and development between Chile and China. Chile was the first country in South America to establish diplomatic relations with China. Meanwhile, Chile also supported China's opening policy in the 1999 WTO system. With the signing of more agreements between the two parties since 2006, especially the formal entry into force of the TOC agreement between the two countries in 2017, the relationship between Chile and China is entering a new and smoother phase.

The closing ceremony was held immediately after the seminar. The big screen firstly showed photos of various courses and activities of the seminar since the beginning of the school. Next, leaders such as Yang Xiaoping, Shi Weidong, Zhou Jiepu, Song Xiaoyan, Yang Le and Luo Shanhong awarded the students a certificate of completion and a letter of appointment for a China-Latin America legal training base. Subsequently, the Law School of Shanghai University of Finance and Economics signed a memorandum of cooperation with representatives of some countries and institutions.

Finally, the student representatives Karen Bodan and Marcos Ludwig delivered their final speeches, and Dean Song Xiaoyan and Director Yang Xiaoping delivered closing speeches respectively.

Karen Bodan expressed his gratitude for the two-week course and conference, and looked forward to more exchanges and cooperation with China in the future. Marcos Ludwig expressed his gratitude for the invitation and enthusiasm of the sponsor and the undertaker, and hoped that through the comparison of legal traditions, legal frameworks, legal theories and practices to promote mutual understanding, strengthen cooperation, and bring benefits to both parties.

Dean Song Xiaoyan expressed three points in her speech. “First of all, through these ten days of exchanges, I believe that the trainees of the seminar have enhanced their understanding of many legal fields in China. Secondly, through the ten days in Shanghai, I believe that the students have also increased their understanding and feelings about China and the Chinese lifestyle, especially the city of Shanghai. I believe that the time spent in Shanghai is fulfilling and enjoyable. ”In the end, she said that the students present are all friends of the Law School of the University of Finance and Economics, and hope to further deepen the exchanges with their representative institutions in the future.

On behalf of the Chinese Law Society, Yang Xiaoping first expressed his sincere congratulations to the members who participated in the seminar of the legal talent exchange program between China and Latin American and Caribbean countries, and expressed his heartfelt thanks to the teachers and students of the Shanghai University of Finance and Economics Law School who worked hard to prepare this seminar. First, China and Latin America have always attached great importance to exchanges on the rule of law, and the future of China-Latin America cooperation on the rule of law can be expected. With the smooth progress of the “Belt and Road” cooperation between China and Latin America, the economic and trade cooperation between China and Latin America has gradually improved. Both sides have deeply realized the importance of strengthening China-Latin America legal exchanges and cooperation, and hope that the holding of this seminar will enable us to unite consensus on the legal system, expand cooperation ideas, and release cooperation potential. Second, this seminar has promoted the exchanges between China and Latin America on the rule of law civilization and enhanced mutual friendship and understanding. The exchanges and mutual learning made our minds connected. He hoped that after returning home, all the students could introduce more about what they saw and heard in China and encourage more friends to join the China-Latin America rule of law. Third, he encouraged the seminar to carry forward the past, and to continue to promote the exchange and cooperation of the legal system between China and Latin America. This seminar is a rich extension and development of the China-Latin America Legal Forum. Since the establishment of the China-Latin America Legal Forum, the China-Latin America legal community has always maintained a strong desire for cooperation and enthusiasm for participation. I hope that such enthusiasm will continue today and into the future.

Finally, he wished everyone a smooth return trip to the seminar.

Afterwards, the seminar has come to a successful conclusion in exchange and forge ahead, collaboration and communication, sharing and hope.

Contributed by: Zhang Tu

Photograph:Wang Xuan

Published:2019-06-02 Hit:207

 © 2012 School of Law, Shanghai University of Finance and Economics  


沪ICP备13006935号  沪公网安备31011002001712号