澳門大學榮譽法學博士薛捍勤當選國際法院法官

2020年11月12日,聯合國主要司法機關國際法院完成法官改選,澳門大學榮譽法學博士薛捍勤當選國際法院法官,任期9年,從2021年2月6日開始。

薛捍勤博士於2010年6月首次當選國際法院法官,並自2018年2月起擔任國際法院副院長,是國際法院首位女性中國籍法官、首位女性副院長。國際法院自1946年成立至今共有108名法官,其中僅有4名女性。

國際法院為聯合國主要司法機關,負責依國際法解決國家之間的法律爭端,並對聯合國各機關何專門機構向其提出的法律問題發表咨詢意見。

 

來源:人民網,2020年11月13日(http://gz.people.com.cn/BIG5/n2/2020/1113/c344103-34413309.html)

UM members win second prize at national commercial arbitration thesis contest

A paper from the University of Macau (UM), co-written by Prof Tu Guangjian in the Faculty of Law and his PhD student Chen Zhi, won a second prize at a national commercial arbitration thesis contest. Titled ‘On Parallel Procedures in International Civil and Commercial Arbitration and Litigation: The Path and Countermeasures to Be Adopted in China’, the paper suggests that to mitigate the conflicts between judiciary and arbitral tribunals, a rational point of convergence and balance should be found between them, with a reasonable division of power.

 

Prof Tu Guangjian

Prof Tu Guangjian
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Chen Zhi

Chen Zhi
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FLL Receives Civil Code of the People’s Republic of China (Draft)

澳大法學院獲贈《中華人民共和國民法典(草案)》

    2020年7月,唐曉晴院長及邱庭彪助理院長代表澳門大學法學院獲得由第十三屆全國人大代表張榮順先生贈送,於2020年5月經第十三屆全國人大會議第三次會議所表決通過的《中華人民共和國民法典(草案)》(表決稿)。

《中華人民共和國民法典(草案)》是新中國第一部以法典命名的法律,在中國的法律體系中居於基礎性地位,同時也是中國市場經濟的基本法。該法典一共有7編、2620條,各編依次為總則、物權、合同、人格權、婚姻家庭、繼承、侵權責任以及附則。

《中華人民共和國民法典(草案)》由第九屆全國人大常委會於2001年組織起草,並於2014年黨的十八屆四中全會決定提出編纂民法典的重大立法任務並開始進行編纂。由2018年起,經第十三屆全國人大常委會多次拆分審議後,最終於2020年5月經第十三屆全國人大會議表決通過,並將於2021年1月1日起施行。([1] 新華網,2020年5月12日)

自回歸以來,澳門特別行政區的發展建設驗證了“一國兩制”政策的成功實踐,而澳門大學法學院作為澳門歷史最悠久的法學院不僅肩負著培養熟悉澳門法律制度的法律人才的重任,亦服務于“一國兩制”事業和國家的發展大局。《中華人民共和國民法典》能加強法學院對澳門法律與中國法律的研究,進一步促進“一國兩制”政策的成功實踐。

[1] http://www.xinhuanet.com/2020-05/12/c_1125974049.htm

UM scholars participated in an online intercontinental colloquium on the Chinese Civil Code jointly organized by the University of Macau, the University of Coimbra and the Brazilian Academy of Civil Law

On July 22, from 8:30 pm to 10:00 pm, an online colloquium was held on the launch of the New Chinese Civil Code, which was jointly organized by the Faculty of Law of the University of Macau, the Sino-Lusophone Academy of the University of Coimbra and the Brazilian Academy of Civil Law. The theme of the event was: “Colloquium – The new Chinese Civil Code: a vision compared to Portugal and Brazil”.

Among the participating authorities, including Prof. João Nuno Calvão da Silva (Vice-Rector for External Relations and Alumni of UC), Prof. Rui de Figueiredo Marcos (Director of FDUC and ASL-UC), Prof. António Pinto Monteiro (Professor of FDUC and Honorary President of ASL-UC), Prof. Paulo Mota Pinto (FDUC), Prof. Roger Silva Aguiar (Administrative President of ABDC) and Prof. Rui Gama (Director of FLUC and Deputy Director of ASL-UC), Dean of the Faculty of Law of the University of Macau, Prof. Tong Io Cheng, and Senior Instructor, Ms. Ma Zhe, were representing UM as speakers at the event.

Ms. Ma introduced the basic information of the Chinese Civil Code, especially from a historical dimension. Prof. Tong commented on the characteristics, value and meaning of this code from methodological, axiological and sociological dimensions.

This event was a great success: Macau scholars presented the Chinese Civil Code to Portuguese and Brazilian scholars in Portuguese, which demonstrated Macau’s essential role as a bridge between China and Portuguese-speaking countries in terms of academic exchange. The three holding institutions agreed that more similar activities will be carried out in the future.

UC of Portugal hosts a live public lecture given by UM professor

UM professor Dr. Wang Wei, previously invited to give a series of “Chinese Law Lectures” in Portugal, University of Coimbra, due to COVID-19, was solicited to deliver, instead, an open lecture on “Chinese Civil Law: Between Tradition and Modernization”, transmitted via live streaming on July 2. Prof. Wang spoke in perfect Portuguese to the virtual audience for about one and a half hours, from the roots of Chinese legal culture, in particular, the influence of Confucianism in framing the traditional Chinese law, to modern Chinese civil law, highlighting Book II “Property Right” of the Civil Code of the People’s Republic of China, to come into force on Jan. 1, 2021. To address the question relating to its priority ordering, Mencius teaching was quoted attempting to draw therefrom respective mens legis: “One shall have his peace of mind when he possesses a piece of land”. The open lecture was completed with praises from the Vice-Rector of the University of Coimbra, Dr. Calvão da Silva, the Associate Dean of the Faculty of Law, Dr. Ana Raquel Moniz, and the Coordinator of the Sino-Portuguese Law Course, Dr. Ana Gaudêncio. All expressed their desire to renew the invitation to Prof. Wang to present lectures on Chinese Law at the University of Coimbra next year.

UM Scholar Wins First Prize for Basic Law Paper

來源: 澳門日報 http://www.macaodaily.com/html/2020-06/15/content_1441035.htm

汪 超

 

反幪面法與表達自由的憲法邊界

澳大學者獲基本法論文一等獎

【來源: 澳門日報】澳門大學法學院憲法與基本法研究中心副主任汪超副教授所發表的論文《反幪面法與表達自由的憲法邊界:幪面的法律性質,比例原則與基本法》,在“紀念《中華人民共和國香港特別行政區基本法》頒佈三十周年學術研討會”徵文活動中,獲得最高獎項一等獎。此為澳大學者首次在中國法學會港澳基本法研究會的年會論文中獲獎。

為紀念香港基本法頒佈三十周年,中國法學會香港基本法澳門基本法研究會、清華大學港澳研究中心和香港紫荊研究院共同主辦“紀念《中華人民共和國香港特別行政區基本法》頒佈三十周年學術研討會”徵文活動,以回顧香港基本法頒佈和實施的歷程,總結香港“一國兩制”和基本法實施的經驗。

“紀念《中華人民共和國香港特別行政區基本法》頒佈三十周年學術研討會”徵文活動,今年二月下旬起面向全國廣泛徵稿,經過初選,十九篇論文進入參評階段。在專家匿名評審、終審等環節後,有關獲獎論文於日前公佈,最終評選出一等獎一名,二等獎兩名,三等獎三名,以及優秀獎五名。其中,最高獎項一等獎由澳大法學院憲法與基本法研究中心副主任汪超獲得,他以《反幪面法與表達自由的憲法邊界:幪面的法律性質,比例原則與基本法》為題,在論文中根據香港高等法院原訟庭和上訴庭的兩個判決所討論的三個主要法律爭議,通過美國憲法的禁幪面法案例和加拿大憲法的比例原則,詳細分析了“幪面”的法律性質、表達自由的界限以及比例原則的適用。此為澳大學者首次在中國法學會港澳基本法研究會的年會論文中獲獎,同時是澳大法學院憲法與基本法研究中心成立一年多以來,在憲法、基本法教學之外,又一研究成果。

另外,於今年四月四日香港基本法頒佈三十年周年紀念日當天,“香港基本法頒佈三十年周年學術研討會”以線上學術研討會形式舉行。第十四屆中共中央政治局候補委員、全國人大常委會原副委員長、香港基本法起草委員會原副主任委員王漢斌,全國政協副主席、香港特區前行政長官梁振英,全國人大常委會香港基本法委員會副主任譚惠珠,清華大學港澳研究中心主任王振民,北京大學港澳研究中心主任饒戈平等百多位來自內地、香港、澳門的專家學者線上與會。

UM PhD student publishes articles in three renowned international journals

Riccardo Vecellio Segate, an Italian PhD candidate in the University of Macau (UM) Faculty of Law (FLL), has published research articles in three well-known international journals in the past 18 months. The three journals are Columbia Journal of Asian LawArt Antiquity and Law, and Maastricht Journal of European and Comparative Law.

Launched in 1987, Columbia Journal of Asian Law (CJAL) covers a diverse array of legal subjects in the areas of public and private law and publishes articles on the latest legal developments in Asian countries. Vecellio Segate’s article published by CJAL is titled ‘Fragmenting Cybersecurity Norms Through the Language(s) of Subalternity: India in “the East” and the Global Community’. The article examines how China, Russia and India negotiate cyber-security norms on cyber-terrorism, cyber-warfare, and cyber-espionage within formal and informal regional arrangements, especially the Shanghai Cooperation Organisation. It also cites evidence to show India’s changeable stances on these issues.

Art Antiquity and Law is a quarterly journal targeted at those who value the cultural and historical environment. It tells those who work in the art and antiquity world about the laws governing their activities and the policies behind those laws. Vecellio Segate’s article published by Art Antiquity and Law is titled ‘Reconceptualising Musical Treasures in Italy, the EU and the World: The Functional Legacy of Performativity’. It builds on the concept of functionality to illustrate for the first time why musical instruments are a special category of cultural heritage in terms of protection policies and why ‘national treasure’ laws should protect them differently than it protects other tangible expressions of heritage in ancient and modern times.

Maastricht Journal of European and Comparative Law (MJECL) serves academics and legal practitioners who want to stay informed about the latest developments and the challenges within the European Common Law (Ius Commune Europaeum). Vecellio Segate’s article published by the MJECL is titled ‘The Unified Patent Court and the Frustrated Promise of IP Protection: Investors’ Claims in (Post-)Brexit Britain’. It provides a wake-up call to British investors by arguing that the government of the United Kingdom has unlawfully and deliberately created expectations on certain categories of international investors in intellectual property, only to subsequently withdraw its promises and use Brexit as a pretext for such withdrawal. The journal

After completing his master’s studies at Utrecht University in The Netherlands, Vecellio Segate joined UM in September 2018 through the recently launched UM Macao Talent Programme. Within that programme, he was the first PhD student in the FLL to receive the UM Macao PhD Scholarship. Vecellio Segate is grateful to the university’s leadership—particularly Prof Billy So, vice rector of student affairs at UM—for their support. He is also grateful to his supervisor, Prof Rostam J Neuwirth, for his patient guidance.

Riccardo Vecellio Segate

Riccardo Vecellio Segate

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Source: Communications Office

Media Contact Information:
Communications Office, University of Macau

Albee Lei  Tel:(853) 88228004
Kelvin U  Tel:(853) 88224322
Email:prs.media@um.edu.mo
UM Website:www.um.edu.mo

Release on 2020-03-20 15:45

Distance Education Series Interviews with FLL Professors

Text: Davis Ip & Debby Seng │ Photo: Davis Ip, with some provided with interviewees

Editor’s Note: Since the novel coronavirus outbreak and the consequent suspension of classes to prevent the spread of the virus, distance education has become a hot topic in Macao, Hong Kong, and mainland China. Here at the University of Macau (UM), faculty members have been offering online courses to ensure that students keep learning amid class suspension. In these My UM articles, we cover the online courses from different faculties and departments and take a closer look at how faculty members prepare these courses and how they monitor the students’ learning progress.

Since the Chinese New Year, Faculty of Law (FLL) Associate Dean Augusto Teixeira Garcia and Associate Professor Li Zhe have been giving lectures online. Based on the requirements of their courses, they implemented a series of measures to help students quickly adapt to the new education mode.

Adapting to a New Mode of Education

Prof Augusto Teixeira Garcia teaches several courses this semester, one of which is the ‘Commercial Law’ course for students enrolled in the master’s degree programme in law (Portuguese). In the past few weeks, Prof Garcia mainly focused on laws related to commercial paper and negotiable instruments.

FLL Associate Dean Augusto Teixeira Garcia gives a lecture online

He uploaded the reading materials for this course, including academic papers written by himself, to UMMoodle at the beginning of this academic year. In each online lecture, Prof Garcia would discuss a specific topic revolving around these materials. He would record himself teaching the lecture and upload the audio clip to UMMoodle before each class. Students would then receive notifications that remind them to download the content. His students can reach him via email for questions about his lectures, and although they can listen to the recordings any time, Prof Garcia likes to check the students’ UMMoodle login record on a regular basis to evaluable their participation in class.

According to Prof Garcia, in his teaching career that spans nearly four decades, this is the first time he has ever done online teaching. He remembers feeling a little weird the first time he recorded himself teaching in the office without students around him. ‘I guess life is all about adaptation,’ says Prof Garcia. ‘I am already used to it.’ He plans to continue to record his lectures even after class resumption. ‘I know some students like to record my lectures anyway, so I might as well do it myself so that every student can listen to the lecture again if they want,’ he says.

FLL Associate Dean Augusto Teixeira Garcia

Encouraging Students to be Self-disciplined

Prof Garcia encourages students to build self-discipline and to study hard at home during the epidemic, because unlike classroom-based education, which involves interactions with the instructor and other classmates that help one stay focused, learning at home without self-discipline could cause the learner to fall behind, and if not remedied early, it would be very difficult for him or her to catch up a few months later.

Different Teaching Styles for Different Students

Li Zhe, an associate professor in the FLL, teaches two courses this semester: one is ‘Foreign Criminal Law’, and the other is ‘East Asia Legal System’. The first course is taught to more than ten postgraduate students from Macao and mainland China, some of them are working students. ‘These students have diverse backgrounds, so when preparing the course materials, I take into consideration their understanding of the subject and the difficulty they may have finding the materials because of the novel coronavirus epidemic,’ she says.

FLL Associate Professor Li Zhe

Prof Li starts each online class with a hypothetical case. For instance, she may present a case where a young adult suspected of participating in illegal parades is arrested under the current criminal law. The students need to discuss whether the young adult should be held in custody, how he or she would be prosecuted, how the trial would be conducted, and how the person may lodge an appeal. The case will serve as a basis for the students to explore and compare legal solutions in different places. They will also compare criminal laws of different places and the pros and cons of the legal solutions under these laws.

‘When I analyse a case with the students, I would break down one big question into at least ten smaller sub-questions and assign one sub-question to a student,’ says Prof Li. ‘The students then share the relevant laws in mainland and Macao and discuss how a problem should be solved from a comparative perspective. The students are very active during each online class and there is a lot of interaction.’

Making Good Use of UMMoodle

Some students have no microphone on their computers, while others do not have stable internet connection at home. For this reason, Prof Li only asks her students to provide audio comments in discussions via a WeChat group. To ensure quality and a smooth teaching process, she always gives lectures in her office. Before the epidemic, her students usually submitted assignments to her via email instead of UMMoodle, but now she communicates with them mainly through a WeChat group. She would upload cases, electronic legal documents, teaching materials, and PowerPoint (PPT) slides to UMMoodle. As her students are now studying German law, she would share with them links to promotional videos of the Federal Constitutional Court of Germany and the European Court of Human Rights as reference materials.

Considering that some students may not feel comfortable turning on the webcam because of concerns about their clothes, home environments, or other factors, Prof Li only requires students to discuss and answer questions through voice messages, which lets her know if the students are paying attention. ‘Sometimes I would make jokes with the students to try to keep them engaged,’ says Prof Li. ‘I would ask them if they could hear me clearly during a lecture on Zoom. If they could, they would reply to me with “666”,’ she says. (Editor’s Note: ‘666’ is a popular internet slang in China which means that somebody or something is very cool)



UMMoodle
Launched in 2008, UMMoodle is an online teaching platform at UM, where students can obtain course-related learning resources including text files, PPTs and video clips. They can also submit assignments and take quizzes on the platform.
Website: https://ummoodle.um.edu.mo/

Learning resources from UM’s Centre for Teaching and Learning Enhancement
Website: https://go.um.edu.mo/6rjvczah

UM student wins second prize at national public speaking competition on China’s constitution

Yang Suijia, a student of the Faculty of Law of the University of Macau, recently won a second prize at a national public speaking competition on China’s constitution in the high school and university category. The competition attracted 206 contestants in 34 teams from mainland China, Hong Kong, and Macao. The event was organised by the Ministry of Education, and hosted by Beijing Foreign Studies University.

Yang Suijia in the competition

Yang Suijia in the competition

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Yang Suijia (3rd from right) wins a second prize

Yang Suijia (3rd from right) wins a second prize

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UM’s two centres become MoE’s official research partners in humanities and social sciences

26/12/2019

The University of Macau’s (UM) Centre for Constitutional Law and Basic Law Studies (CCBLS) and Educational Research Centre (ERC) today (26 December) became the official partners of two key research centres under the Ministry of Education in the field of humanities and social sciences, namely the Center for Studies of Constitutional and Administrative Law at Peking University and the Centre for Teacher Education Research at Beijing Normal University. The three universities will strengthen collaboration in the field of humanities and social sciences in order to create a high-quality education system, participate in national strategy, and seize the opportunities brought by the ‘Belt and Road’ initiative and the development of the Guangdong-Hong Kong-Macao Greater Bay Area.

Guests attending the plaque-unveiling ceremony include Vice Minister of Education Tian Xueliang, Secretary for Social Affairs and Culture Ao Ieong U, Deputy Director of the Central Government’s Liaison Office in Macao Luo Yonggang, UM’s University Council Chair Lam Kam Seng, Director of the Office of Hong Kong, Macao and Taiwan Affairs under the Ministry of Education Liu Jin, Head of the Department of Language and Words under the Ministry of Education Xu Xiaoping, Director of the Higher Education Bureau Sou Chio Fai, UM Rector Yonghua Song, Peking University Vice President Tian Gang, and Beijing Normal University Vice President Zhou Zuoyu.

Rector Yonghua Song said in his speech that UM is the only public university in Macao to have a centre for the studies of the constitution, the Basic Law, and the ‘One Country, Two Systems’policy, adding that the centre has received considerable attention and support from the Macao SAR government and the central government’s liaison office in Macao. The centre is dedicated to popularising knowledge of the constitution and the Basic Law in Macao to promote the continued implementation of the ‘One Country, Two Systems’policy. Rector Song said that the ELC was established with the great support of the Macao SAR government, and is the only educational research centre at a public university in Macao. According to Song, the ELC is committed to nurturing high-calibre educators to contribute to education development in Macao and the Greater China region. The collaboration is an example of the successful implementation of the ‘One Country, Two Systems’policy and represents UM’s effort to carry out President Xi Jinping’s expectations for Macao to establish a high-quality education system.

The delegation visited the University Gallery in the company of Rector Song to gain a deeper understanding of UM’s new campus project and latest developments in scientific research. The guests also met with the heads of various academic and administrative units at UM.

 

Two centres at UM have become the MoE’s official research partners in humanities and social sciences

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A group photo

A group photo

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Yonghua Song tells the guests about UM’s campus construction and latest developments in scientific research

Yonghua Song tells the guests about UM’s campus construction and latest developments in scientific research

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