News
By Yin Jiemin. Translated by He Minxin. Dec 9th, 2015
In the afternoon of Dec, 1st, Youth Academic Salon of SUFE School of Law was successfully held in Room 211, Law Building. Professor Zhu Xiaozhe, Hu Wan, Ye Wenping, Li Yu, Fan Jian together with some PhD and postgraduate students have attended the salon.
Professor Shang Shu first introduced the attendees to the background of judicialization of global governance, which is significant in international investment. She moved on to bring out state-centrism, the rationality of judicialization, and further proposed coping measures for developing countries. Then, based on authority and legitimacy of judicialization, she gave introduction to the concept and characteristics of judicialization of global governance. There is no clear definition for global judicialization, and the main institution for it is The Commission on Global Governance. The descriptive definition is: dealing with comprehensive global affairs, national government’s malfunction in controlling global problems, the span of governing problems, and the judicialization of governing mechanism.
Professor Shang then gave analysis on judicialization(legalization) of global governance and its procedures, precision of state obligations and international discourse system. The principal aspect concerning precision is distinction of international rules; while concerning procedures, its is the reinforcement of legal mechanism. In terms of international discourse system, she gave comparative analysis on entities of international judicialization like ICJ(International Court of Justice), International Arbitrary Institution, WTO(World Trade Organization) from the perspective of authorization. She pointed out that there are no constitutional documents(programmatic documents) in the field of international investment. It is a boundaryless net structure based on bilateral and multilateral agreements. She quoted the cigarette identity case in Australia to indicate the influence of legalization on national policies. This, as a result, conforms to the form of global governance mechanism.
Finally, Professor Shang gave explanation on declaring that judicial administration is a rational structure from the perspective of the system’s stability, authorization, the authority of its foundation and its legitimacy. The stability of system means the predictability of rules of judicial governance, confidentiality of international arbitration, sequence in case facts involving investors and host countries. The authority of foundation means the regulations’ tendency for public law, kind standard for governance and principle of proportionality.
During the salon, Professor Zhu Xiaozhe, Li Yu, Fan Jian discussed the definitions of legalization, judicialization and constitution with Professor Shang; Professor Hu Wan exchanged her ideas about the coerciveness of international arbitration with Professor Shang, and Professor Ye Wenping put forward internal causes of judicialization of global governance and its development tendency from the aspect of evolvement of law mechanism. The salon rounded off.
Published：2015-12-09 Hit：
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