Liu Jingdong

I. Basic Information

Liu Jingdong, Ph.D. in Law, Head of International Economic Law Department of CASS Institute of International Law; Professor of International Law; Vice-Chief Justice of No.4 Civil Division of the Supreme People’s Court of China (April, 2015-December, 2017); Vice President of WTO Law Research Society under China Law Society and a standing member of Council of China’s Arbitration Law Society. He is a special consultant of the Supreme People’s Court of China, a member of first- International Commercial Expert Committee of China International Commerce Court(CICC), and an arbitrator at China International Economic and Trade Arbitration Commission.

II. Educational Experiences

1986—1990: Law Faculty, China University of Political Sciences and Law, Bachelor of Law;

1990—1993: Graduate School, Chinese University of Political Sciences and Law, majoring in International law; LLM;

1998—2001: Graduate School, Chinese University of Political Sciences and Law, majoring in International economic law; LL.D.

2003-2005: Post-Doctoral Researcher, Law Institute of Chinese Academy of Social Sciences;

2008-2009: Visiting Scholar, Columbia Law School, U.S;

2010: Visiting Scholar, Zurich University, Switzerland.

III. Academic Achievements

Professor Liu has been engaged in the research on international law, international economic law and international commercial law for a long time and published many books, such as “Legal Issues of International Financial Leasing”, “The Interpretation of Articles of the Protocol of China’s Accession to WTO” and so on. He has also publishedmany articles in “Chinese Journal of Law”, “Chinese Review of International Law”, “Journal of World Trade”,etc. He has won the Prize for Excellent Research Paper by China Society of International Law in 2012, the Second and the First Prizes for Outstanding Research Paper by WTO Law Research Society of China Law Society in 2014 and 2015. In ICCA Convention of 2016, Professor Liu gavea speech onthe Mauritius Convention as the head of the delegation of the Supreme People’s Court of China.

IV. Introductions to Major Academic Works

1.Bringing the New Mode of Global Economic Governance under the Rule of Law

There are many indications that global economic governance is faced withincreasingly urgent tasks, and the traditional model of governance and the process of the rule of law are being challenged by the historical changes of the balance of world economic powers. In order to promote the process of global economic governance and the rule of law, the principle of equality and mutual respect, the common interest principle, and the principle of promoting cooperation and broad consensus should be established as new legal principles. The principle of quality and mutual respect is the basis of the legitimacy of the global economic governance, which requires all members of the international community to enjoy equal participation in international exchanges and decision-making and mutual respect for their respective positions. The common interest principle is the core objective of the global economic governance, which requires realizing the interest of all countries through global economic governance, rather than the self-interest a country of group of countries, nor the self-interest of the developed countries. The principle of promoting cooperation and broad consensus is the guiding principle of global economic governance. Economic globalization needs the cooperation among countries and a broad consensus is the only way to solve the various problems and challenges faced by globalization. Global economic governance needs not only to reform the existing model and built a new one, but also to seek the new path of the rule of law. An “International Economic Charter” should be formulated to meet the new requirements of international economy, a new International Economic Organization with the highest authority should be established to integrate the existing international economic organizations, and a complete set of Economic Dispute Settlement Mechanism should be built on the basis of the dispute settlement mechanism of WTO to further enhance the stability and predictability of the international economic relations and governance.

2. Research on the Construction of the Rule of Law System of the “Belt and Road”

At present, the “Belt and Road” initiative has become the major impetus for global economic development, and its system and developing mode are the focus of the world attention and viewed as an important part of global economy governance. Historical experiences and lessons tell us that the “Belt and Road” construction cannot deviate from the rule of law, and the long-term, steady and healthy development of the “Belt and Road” initiative can be guaranteedonly if the road of rule of law has been chosen. The construction of rule of law system of the “Belt and Road“ should follow the basic principles of equality and mutual benefit, rule-oriented and sustainable development, and focus on the two areas of international law and domestic law: on the one hand, it should innovate present international economic and trade law system on the basis of integrating modern international law and the new development of international economic law with the characteristics of the “Belt and Road”; on the other hand, it should constantly improve and perfect China’s foreign economic and trade law system and the foreign-related civil and commercial law system on the basis of learning from advanced legal experiencesof other countries. Fair and efficient dispute settlement system is vital for the rule of law.China should build amulti-level, integral economic trade dispute settlement mechanism by combining the international and domestic systems, abiding by the principles of settling disputes through equal consultation and negotiation, utilizing modern international law and generally-accepted international commercial rules, and pushing the judicial corporation among the countries joining in the “Belt and Road”, soas to create a steady and predictable legal environment for the “Belt and Road”and set an example for global economic governance in the new century.

3. Legal Status of Accession Protocols in the WTO Legal System

Accession protocols are unique legal instruments in the WTO legal system. With the increasing number of new members joining the WTO, the number of accession protocols is also on the rise. However, due to the ambiguous legal status of the accession protocols in the WTO legal system, disputes over the understanding and application of the provisions in accession protocols are frequently taking place. Because accession protocols concern the fundamental trade interests of new members, their status in the WTO legal system is of great importance. The WTO Ministerial Conference and General Council should therefore fulfil their statutory duties in such a way as to mitigate potential challenges posed by the possible legal uncertainty of accession protocols in pursuing the aims of the multilateral trading system, in adhering to and promoting WTO principles and rules as well as the basic principles of international law, and in situating accession protocols appropriately within the overall WTO legal framework. Specifically, this article proposes that the WTO Ministerial Conference and General Council should properly address the relationship between accession protocols and the Marrakesh Agreement Establishing the World Trade Organization and its annexes. Such action will help safeguard the legal rights and interests of new WTO members.

4. Thoughts on the Reform of  WTO

Faced with the historical changes of international relations and current international financial crisis, the WTO should reform its system to adapt to the new situation, so as to promote international trade development and prosperity in the new century. Although there are many different ideas and schemes about the reform, the international community has reached a broad consensuson the WTO reform: the WTO system is not adapted to the characteristics of new international relations, its institutional defects have already seriouslyimpeded the WTO from performing its function as a multilateral trade system. However, there still are differences between developed and developing members and among scholars over theguiding ideology of the reform. In light of the current situation and feasibility and on the basis of extensive solicitation of opinions,the WTO should carry out the necessary reforms on the three basic systems, namely the functions and powers of the director general and the Secretariat, transparency, and the decision-making mechanism, as soon as possible.