Hong Kong Workshop Friday 16 January 2015: Customary Law in Republican China

Please join us if you are in Hong Kong. More information and registration details can be found at: http://www.law.cuhk.edu.hk/research/crj/events/2014-15-CCL/20150116-ccl-series3.php .
Regards,
Lutz (Faculty of Law – CUHK)

Customary Law in Republican China
Friday, 16 January 2015
12:30 pm – 2:00 pm
The Warren Chan Moot Court, CUHK Graduate Law Centre
2/F, Bank of America Tower
Central, Hong Kong (map)
Conducted in English
with
Professor Billy Kee-long So
Head and Chair Professor, Division of Humanities, Hong Kong University of Science and Technology
Professor Chao Xi
Associate Professor, Faculty of Law, The Chinese University of Hong Kong
Abstract:
The Chinese legal system underwent a fundamental change during the Republican era, from 1912 to the 1930s. This change was mainly through the transplant of new legal components from the West in order to modernise the legal system to the extent that the Western powers would voluntarily abolish extraterritoriality in China. One of the major legal categories transplanted to China during this process was a customary law whose substance was ironically supposed to have been indigenous. In this seminar, the speakers will focus on the role of customary law in the commercial law domain. They will cover the areas of a) commercial organisations and their legal liabilities, b) commercial laws and their court interpretation regarding customary law, c) customary laws in ADR, and d) the legal category of customary law itself in Chinese legal scholarship. The seminar will explore the broader issues of global convergence vs. local adaptation and transmission of legal knowledge vs. its localisation using these empirical cases and materials.