Han Xiuli

NAME AND TITLE

Han XiuliProf &DrDoctoral Supervisor                                

Director of International Law Department, School of Law, Xiamen University

Associate Dean of Africa Research Center, Xiamen University

Email: hanxiu777@xmu.edu.cn


LANGUAGE

Chinese; English


PROFESSIONAL EXPERIENCE

1.International Law Department, School of Law, Xiamen University; Professor; Since 2013.

2.International Law Department, School of Law, Xiamen University; Doctoral Supervisor; Since 2012.

3.International Law Department, School of Law, Xiamen University; Associate professor; Since 2008.

4.International Law Department, School of Law, Xiamen University; Assistant professor; Since 2006.


EDUCATION  BACKGROUND

1.Xiamen University, Doctor of Law, Sep.2003~Jul. 2006.

2.Northeast Normal University, Master of Law, Sep.1994~Jul. 1997.

3.Northeast Normal University, Bachelor of Law, Sep.1990~Jul. 1994.


OVERSEAS EXPERIENCES

1.University of Virginia, Charlottesville, visiting Scholar, Jul.2019~Jan. 2020.

2.University of South Africa, Pretoria, visiting Professor, Aug. 2015 ~Aug. 2016.

3.Stellenbosch University, South Africa, Feb.~Mar., 2013.

4.Max Planck Institute for Comparative Public Law and International Law, Heidelberg, visiting scholar, Jun.~ Sep., 2012.

5.Soochow University, Taiwan, Jul.~Aug., 2010.

6.External Training Project of The Hague Advanced Institute of International Law, Beijing, Oct., 2009.

7.Hauser Global Fellow, New York University, Aug. 2008~May 2009.


PROFESSIONAL MEMBERSHIP

1.Consultant of the Ministry of Commerce on the Investment Dispute Settlement Mechanism Reform of UNCITRAL.

2.Expert of Foreign Law Investigation of Jiangsu Higher People’s Court, Consultant of Intermediate Peoples Court of Guangzhou City, Guangdong Province on foreign-related trial.

3.Editor of Journal of International Economic Law (Publication sponsored by Chinese Society of International Economic Law).

4.Headquarter membership, International Law Association (ILA).

5.Executive Council of Chinese Society of International Economic Law.

6.Executive Council of Chinese Society of International Law.

7.Executive Council of Chinese Society of WTO Law.

8.Attorney at Law (part-time), the Fidelity Law Firm of Xiamen City.

9.Beijing International Arbitration Center, arbitrator of international investment dispute.


HONORS AND AWARDS

1.New Century Outstanding Talent in Chinese University, Ministry of Education of the Peoples Republic of China.

2.Talent in Fujian Province, Class A.

3.Talent in Xiamen City, Class A.


PUBLICATIONS

monographs

1.Legal Protection and Sustainability of Chinese Investments in Africa---Under the Concept of International Investment Rule of Law,Springer, 2022.

2.The Legal System for Protecting Overseas Intelectual Property of Chinese Enterprises, co-authored with Shuli Yi, Xiament University Press, 2016.

3.On Environmental Protection Involving Chinese Overseas Investment: From the Perspective of International Investment Law, Law Press, 2013.

4.The Proportionality Principle in WTO Law, Xiamen University Press, 2007.

Translations

1.The Impact of International Organizations on International Law (written by José E. Alvarez, Leiden: Brill Nijhoff, 2017), Ximen Unverisity Press, 2023.

2.International Law in the U.S. Legal System (written by Curtis A. Bradley, Oxford University Press, 2021), Xiamen University Press, 2023.

3.General Principles of Law Applied by International Courts and Tribunals (written by Bin Cheng, Stevens & Sons Limited, 1953),  Law Press, 2012 (with Congyan Cai).

Articles

1.The Investments from Chinese enterprises in Egypt: Legal Risks and Countermeasures, Overseas Investment & Export Credits, No. 6, 2022 . (with Weifeng Wang)

2.Interpreting Dispute Settlement Mechanism of African Continental Free Trade Area, China Investment, No. 7, 2022, Cover stories.

3.The Determination and Proof of Force Majeure in International Commercial, Contracts under the COVID-19, International Business Research, No. 5, 2022 .(with Ting Rong)

4.A Structural Analysis of the Substantive Provisions related to Indirect expropriation in BIT Between China and Countries Along the Belt and Road, Belt and Road Legal Research, No. 5, 2021.with Ting Rong)

5.The Enforcement Rules of Intellectual Property Rights Towards Transit Goods Under CPTPP : Jurisdictiontial Interpretations and Policy Recommendations for China, Journal of Xiamen University, No.2 2020.with Yumen Zhai)

6.Analysis of Risk Faced by Chinese Enterprises’ Investments in Kenya, Overseas Investment & Export Credits, No.1, 2020.

7.The Legal Need of Chinese Investments in Africa: Lawmaking on Outbound Investment, Overseas Investment & Export Credits, No.5, 2019.

8.De-Neocolonialism: Reflecting on Chinese Economic Engagement in Africa from the Perspective of International Law,Journal of International Economic Law, No.6, 2018, pp. 29-57.

9.Revisiting the Implementation of BRI Initiative from the Perspective of International Rule of Law,International Business Research,No.6, 2018, pp. 17-27.

10.The Implementation of BRI Initiative from the Perspective of International Rule of Law,People·Rule of Law, No.6, 2018, pp. 16-19.

11.Environmental Protection Related to Chinese Overseas Investments : An Investigation from the Dimension of Investment Law, Journal of Xiamen University, No. 3, 2018, pp. 148-159.

12.Limitations of South African Legal System on Diplomatic Protection ---From the Perspective of Protection of its Overseas Investments, Journal of International Economic Law, No. 1, 2018, pp. 55-65.

13.Investor-State Arbitration Mechanism in Sino-foreign Investment Agreement under the “Belt and Road”Initiative,  Chinese Review of International Law, No.3, 2018, pp. 148-159.

14.The China-South Africa Bilateral Investment Treaty : National Rule of Law versus International Rule of Law, South African Journal of International Affairs, Vol. 24, No. 3, 2017, pp. 269-290.

15.The Future of Bilateral Investment Treaties Between China And Africa, South African Yearbook on International Law, No. 40, 2017, pp. 29-57.

16.Upholding the Functional Orientation of the People’s Court to Serve and safeguard the Implementation of“Belt and Road”Initiative, China Trial, pp. 22-23.

17.Exerting and Perfecting the Judicial Role in Rule of Law of Free Trade Zone, People’s Court Daily (Theory Weekly), Jan. 20, 2017.

18.Exploring Judicial Surport to the Investment Dispute Settlement System, People’s Court Daily (Theory Weekly), Jul. 8, 2015.

19.China-Africa BITs: Current Conditions and Future Prospects, Journal of Xiamen University, No.3, 2015, pp.48-57 .

20.Approaches to Investment in Chinese Transboundary Waters, Water International, No.1, 2015, pp.71-86.

21.The Limitation of Annulment Proceeding of ICSID Convention Arbitral Award, Chinese International Law Review, No. 1, 2014, pp.49-63.

22.On Legal Effect of the WTO Accession Protocol--- Take the Protocol on the Accession of China as an Example, Global Law Review, No. 2, 2014, pp.20-32.

23.Revisiting the Revival of Calvo Doctrine: From the Perspective of Dispute Settlement between Investor and State, Modern Law Science, No. 1, 2014, pp.121-135 .

24.China-South Africa Bilateral Investment Treaty: The Plight of Reality and the Road Ahead, Chinese Yearbook Of International Law, 2013, pp.446-473.

25.Export Taxes under the WTO System: China’s Way Out of the Dilemma, Manchester Journal of International Economic Law, No. 3, 2013, pp.336-361.

26.Revisiting the Case of China-Measures Involving the Exportation of Various Raw Materials from the perspective of Effectiveness of the Necessity Defence, the journal of world investment & trade, No. 2, 2013, pp. 264-285.

27.Filling A Legal Gap in Sovereign Debt Crisis Prevention and Restructuring: UNCTAD’s Principles on Responsible Sovereign Financing (written by Yuefen Li &Juan Pablo Bohoslavsky), Journal of International Economic Law, No. 4, 2012, pp.157-187.(Translation)

28.The Case of Philip Morris v. Uruguay: A Preliminary Observation from a Chinese Scholar, the Journal of World Investment and Trade, No. 5, 2012, pp. 769-794.

29.Transformation of International Investment Law in the Post-Crisis Era, Journal of Xiamen University, No.6, 2012, pp.17-24.

30.On Applicable Law of Foreign-Related Real Estate Contracts, Cross-strait Legal Science, No.1, 2012, pp.99-105.

31.ACTA as an Avenue of Overseas Environmental Protection and Its Implication to China’s Overseas Investors, Frontiers of Law in China, No.2, 2011, pp.219-240).

32.The Role of China in A Changing Legal Order of the World Economy(written by Peter-Tobias Stoll), Journal of International Economic Law, No. 3, 2011, pp. 275-291. (Translation)

33.On Dispute Settlement Mechanism of the Cross-Strait Economic Cooperation Framework Agreement, Financial and Economic Law Review, Vol 21, 2010, pp.43-57.

34.China’s First Ten Years in WTO Dispute Settlement, the Journal of World Investment and Trade, No. 1, 2011, pp. 49-64. 

35.Guide to Classical Literature in the Teaching of International Dispute Settlement, Legal System and Society, No.3, 2011, pp. 242-243.

36.“Self-judging” Clause in Sempra Annulment Case and Its Policy Implications to China, Res Publica Argentina, No. 4, 2010, pp. 159-172.

37.Environmental Protection: A legal Issue Faced by Overseas Investors,  Journal of Xiamen University, No. 3, 2010, pp.59-66.

38.The Regulatory Measures on Environmental Protection from the Decisions of International Investment Dispute Settlement Body, Jiangxi Social Sciences, No. 6, 2010, pp.22-27.

39.Reflections on Chinese International Law Teaching-Sino-US Comparative Perspective, Educator,  No. 9, 2010,pp.62-64.

40.The Wiwa Cases, Chinese Journal of International Law,  No.2, 2010, pp.433-449.

41.Environmental Regulation of Chinese Overseas Investment from the Perspective of China,the Journal of World Investment and Trade, No. 3, 2010, pp.1-34 .

42.On “Essential Security Interest” and “Public Purpose” in International Investment Agreement,Modern Law Science, No.2, 2010, pp.104-116.

43.“Self-judging” Clause in Bilateral Investment Agreement: Reflection on Sempra Annulment Case, Studies in Law and Bussiness, No. 2, 2011, pp.17-24 .

44.On Arbitrability and Applicable Law of Disputes Under the Banner of “National Security”, in Huaqun Zeng ed., New Order and New Development of International Economic Law , Law Press, 2009, pp.718-745 .

45.Several Comments on the Application of the Proportionality Principle by ICSID Tribunals, in Doctrine of Proportionality---Applications and Implications, in P. Solomon Vinay Kumar ed., Doctrine of Proportionality Applications and Implications, The Icfai University Press, 2008-2009.

46.Seminal Application of the Principle of Proportionality in International Investment Arbitration on Expropriation,  Journal of Gansu Political Science and Law Institute, No. 6,  2008, pp.116-123 .

47.Questioning the Newest Development of American Export Administration  Act towards China, Capital Forum Of Legal Science, Vol. 3, 2008, Peking University Press, pp. 204-213 .

48.On the Application of the Principle of Proportionality in ICSID Arbitration and Proposals to Government of the People’S Republic of China, James Cook University Law Review, No.1, 2008, pp. 233-258.

49.On the Conflict and Coordination between Investment legal Norms in Free Trade Agreement and Bilateral Investment Treaty, in Gao Yongfu & Chen Jingying eds, Journal of International Trade Law, Vol.3, 2008, Beijing University Press, pp. 199-218.

50. The Application of the Principle of Proportionality in Tecmed v. Mexico,  Chinese Journal Of International Law, No.3, 2007, pp.635-652.

Chapters in a Book

1.China’s Approach to Investment Facilitation, in German Development Institute etc., Law, Politics and Economics of International Disciplines on Investment Facilitation, Cambridge University Press, 2023.

2.International Investmnet Dispute Settlement, in Han Liyu ed., International Investment Law, 2018, pp. 192-222.

3.Crisis Prevention for China as a Sovereign Creditor and the UNCTAD Principles, in Carlos Espósito ed., Sovereign Financing and International Law: The UNCTAD Principles on Responsible Sovereign Lending and BorrowingOxford University Press,2013, pp.261-284.


RESEARCH AREAS

International Economic Law; Private International Law; Comparative International Law; African International Law; African country-specific laws