Call for Papers: Legal Imaginaries — a Law, Literature and Humanities Association of Australasia Conference 2024

Legal Imaginaries

A Law, Literature and Humanities

Association of Australasia Conference 2024

15 - 18 Dec 2024

The University of Hong Kong

CALL FOR PAPERS
(Deadline Extended to 31 July 2024)

This Conference is an invitation to collectively examine, critique, and, for the more daring, transform the imaginaries that constellate our grasp of reality and sustain the authority of law – from the racialised and gendered representations that give form and force to the colonial and patriarchal imaginaries of both North and South; to the configurations of sovereignty that are held together by the sociotechnical and technoscientific imaginaries of the Anthropocene; to the confined and confining figures of justice that populate the modern imaginaries of the state… With keynotes by Dr Daniela Gandorfer, Prof Peter Goodrich and Dr Kojo Koram, with more special events TBA.

For further information on the Conference, please visit:
https://www.lawlithum.org/conference-2024/

To submit a paper, panel or creative session please CLICK HERE.

We encourage you to identify a stream for inclusion of your paper/panel/session. Streams provide the Conference subthemes, helping to put papers in conversation with each other while creating ongoing conversations across sessions.

STREAMS Corporate Imaginaries | Empire’s Debtscapes: Reparations, Decolonisation, and Possibilities for Justice | Exploring Tensions in Law and Legal Semiotics | Feminist and Queer Imaginaries | From Positronic to AI: Analyzing the Portrayal of Intelligent Machines in Robot Stories | Hope and Law | Imaginaries and the Future of Legal Professions | Imaginaries in/of Legal Education | Imagining Law’s Subjects | Imagining New and Alternative Legal Internationalisms | Law and the Inhuman | Legal Imaginaries across Asia Pacific: Vernacular Laws and Literatures.

Gary Meggitt on Marine insurance fraud and emerging technology (New book chapter)

"Marine insurance fraud and emerging technology"
Gary Meggitt
in Research Handbook on Marine Insurance Law, edited by Özlem Gürses (Edward Elgar Publishing, March 2024), Chapter 14, pp. 275 - 305
Published online: March 2024

Abstract: Marine insurance fraud is probably as old as marine insurance itself. Year after year, the courts hand out judgments- for or against insurers- following lengthy, complex and costly litigation. The losses to innocent shipping companies, cargo owners, agents, brokers, insurers and others, however, go on. Might technology succeed in defeating- or at least deterring- fraud where the ‘law’ has failed? This chapter looks at the use of emerging technology, including smart contracts and artificial intelligence (AI), by insurers and the marine transport industry to combat those who perpetrate marine insurance fraud. It considers how such technology may have resolved some of the more controversial fraud litigation of recent years and how the relationship between this technology and the law may develop in the future.

Marco Wan comments on the case of Sham Tsz-kit v. Secretary for Justice on Deutsche Welle news

In a television interview with Deutsche Welle (DW) news, Marco Wan, shares the recent development of the legal framework for recognizing the existence and rights of same-sex couples in Hong Kong after the judgement of Sham Tsz-kit v. Secretary for Justice decided on 5 September 2023. He identifies and comments on the unique challenges on legalizing or offering legal recognition to same-sex marriage in Hong Kong. He also illustrates the major concerns from the LGBTQ+ Community on the degree of protection to same-sex couples in Hong Kong to be introduced by the Government's new framework. Click here to view the interview (in English) on YouTube.

Roda Mushkat on Authoritarian International Law: An Unfinished Research Odyssey (CICLR)

"Authoritarian International Law: An Unfinished Research Odyssey"
Roda Mushkat
Cardozo International & Comparative Law Review (Volume 7, Issue 1, pp. 51-118)
Published online: 2024

Abstract: The concept-rich international legal space has expanded in the past few years by incorporating the notion that there is a distinct form of international law possessing authoritarian traits. This notion stands in contrast with the time-honored mainstream variant which is assumed to have liberal-democratic roots and dispositions. A product of the current decade, authoritarian international law has nevertheless left a palpable mark on international legal theory and is believed to have materially reshaped the international legal landscape. The primary aim of this Article is to summarize the achievements made in analyzing the dimensions of this new concept and its considerable practical implications, with a view to suggesting some additional lines of inquiry.

New book review for Daniel Bell et al on Bridging Two Worlds Comparing Classical Political Thought and Statecraft in India and China (University of California Press)

Bridging Two Worlds: Comparing Classical Political Thought and Statecraft in India and China
Daniel A. Bell
University of California Press
Published in January 2023
New book review available in April 2024 (Click here for details)

Abstract: The rise of China and India could be the most important political development of the twenty-first century. What will the foreign policies of China and India look like in the future? What should they look like? And what can each country learn from the other? Bridging Two Worlds gathers a coterie of experts in the field, analyzing profound political thinkers from these ancient regions whose theories of interstate relations set the terms for the debates today. This volume is the first work that systematically compares ancient thoughts and theories about international politics between China and India. It is essential reading for anyone interested in the growth of China and India and what it will mean for the rest of the world.

Thomas Cheng on Competition Law and AI (CUP book chapter)

"Competition Law and AI"
Thomas Cheng
in Ernest Lim (ed), Phillip Morgan (ed), The Cambridge Handbook of Private Law and Artificial Intelligence, (Cambridge University Press, March 2024), pp. 472-491
Published online: March 2024

Summary: The legal treatment of autonomous algorithmic collusion in light of its technical feasibility and various theoretical considerations is an important issue because autonomous algorithmic collusion raises difficult questions concerning the attribution of conduct by algorithms to firms and reopens the longstanding debate about the legality of tacit collusion. Algorithmic collusion, namely, direct communication between algorithms, which amounts to express collusion, is illegal. Intelligent and independent adaptation to competitors’ conduct by algorithms with no direct communication between them, which is tacit collusion, is generally legal. There should be ex ante regulation to reduce algorithmic collusion.

Hui Jing on Regulating donation-based crowdfunding platforms in Hong Kong: A trust law framework (Common Law World Review)

"Regulating donation-based crowdfunding platforms in Hong Kong: A trust law framework"
Hui Jing
Common Law World Review
Published online: March 2024

Abstract: With the advance of technology, several crowdfunding platforms have emerged in Hong Kong to host informal public donation appeals. Unlike charitable crowdfunding activities, these appeals focus on crowdfunding to provide relief to specific individuals or groups in need. Due to the recent emergence of online informal public donation appeals and their lack of public benefit, regulatory bodies have not paid much attention to their regulation. However, recent media coverage highlighting scandals of maladministration of donation funds in the context of informal public donation appeals has impelled regulators to establish a systemic framework to govern crowdfunding platforms that host informal public donation appeals. This article addresses two main aspects of this topic. First, it discusses the operation of crowdfunding platforms that host informal public donation appeals and the risks associated with them. Second, it explores the feasibility of utilising trust law to regulate the administration of donation funds by these crowdfunding platforms.

New book by Angela Zhang: High Wire - How China Regulates Big Tech and Governs Its Economy (Oxford University Press)

High Wire - How China Regulates Big Tech and Governs Its Economy
Angela Zhang
Oxford University Press
Published in April 2024
432 pp.

Description: In High Wire, Angela Huyue Zhang provides a comprehensive and sophisticated overview of how China regulates its enormous tech sector. By closely scrutinizing the incentives and interactions among the key players, Zhang introduces a dynamic pyramid model to analyze the structure, process, and outcome of China's unique regulatory system. She showcases the shrewd self-regulatory tactics employed by Chinese tech titans to survive and thrive in an institutional environment plagued by endemic fraud and corruption. She also reveals how the Chinese State has given a helping hand to digital platforms by offering them indispensable judicial support.

Through a robust analysis of the tumultuous 2020-2022 tech crackdown, Zhang explores the model's profound impact on three vital pillars of Chinese platform regulation, including antitrust, data, and labor enforcement. As Zhang demonstrates, the tech crackdown has led to the private sector's retreat and the state's advancement in the tech industry. These regulatory shifts have also steered investors from consumer tech businesses toward hardcore technologies that are essential for China's bid to overtake the United States in innovation.

More than just a study of China, Zhang offers a global perspective by comparing China's regulatory landscape with rapidly moving developments in the United States and the European Union. This comparative analysis reveals the shared regulatory challenges all face and sheds light on the future direction of Chinese tech regulation. Finally, she peers into the future of China's tech governance, specifically focusing on the burgeoning realm of generative artificial intelligence.

Providing an unparalleled deep dive into China's rapidly evolving digital economy, High Wire is a must-read for those interested in how the manifold ways in which China regulates and governs its economy.

Professor Angela Zhang’s “High Wire” Book Talk Series: Please click here for details.
Book Trailer: Please click here to view on YouTube.

Ryan Whalen awarded the 2024 Microsoft Research AI & Society Fellow (Copyright Protection for User Data in the Era of LLMs)

Congratulations to Ryan Whalen, who awarded the 2024 Microsoft Research AI & Society Fellow.

Background on the prize: The Microsoft Research AI & Society Fellows program supports interdisciplinary AI research in the context of societal impact. The program offers opportunities for fellows from fields beyond core computer sciences to join and support interdisciplinary research conversations with Microsoft Researchers. By facilitating these new collaborations, Microsoft aims to scale the impact of collective research efforts at the intersection of AI & Society. For more information on the award, click here.

Jiajun Luo on Authoritarian Legal (Ir)rationality: The Saga of ‘Picking Quarrels’ in China (The ECLR Hub)

"Authoritarian Legal (Ir)rationality: The Saga of ‘Picking Quarrels’ in China"
Jiajun Luo (PhD candidate)
The ECLR Hub
Published online: March 2024

In response to an apartment fire in Urumqi which killed eleven residents in November 2022, Shanghai residents took to the city’s Urumqi Road, protesting peacefully against China’s zero-covid policy. While the protests resulted in the official end of nearly all Covid-19 related restrictions, several participants were detained and sentenced for picking quarrels and provoking trouble (Criminal Code Art. 293). Photo by Cinea467

It is widely reported that the utilization of the crime picking quarrels (寻衅滋事) by Chinese authorities has resulted in the imprisonment of thousands for their online expressions, ranging from complaints about traffic police to criticisms of the ruling Chinese Communist Party (CCP) on social media platforms. Moreover, this catchall category extends beyond speech-related offenses, serving as a tool for political suppression since 2013 and targeting various civil groups in China, including feminists and human rights lawyers.

However, picking quarrels is not confined to politically sensitive cases. Authorities also employ it to...

Please click here for full article on the ECLR and click here for draft paper on SSRN.

Giuliano Castellano on Don’t Call It a Failure: Systemic Risk Governance for Complex Financial Systems (LSI)

"Don’t Call It a Failure: Systemic Risk Governance for Complex Financial Systems"
Giuliano Castellano
Law & Social Inquiry (First View, pp. 1-42)
Published online: March 2024

Abstract: The probability that an event will avalanche into an impairment of essential services constitutes a “systemic risk.” Owing to the inherent complexities of modern societies, the outbreak of a novel disease or the failure of a financial institution can rapidly escalate into an impact significantly larger than the initial event. Through the lens of complex system theory, this article draws a parallel between financial crises and disasters to contend that the regulatory framework for financial systemic risk is unequipped to address its fundamental dynamics. Epitomized by the market failure rationale, financial regulation is premised on a reductionist view that purports both systemic risk and law as external to the actions of market participants. Conversely, this article advances a twofold conceptual framework. First, it shows that systemic risk emerges from the same complex dynamics that generate the financial system. Second, it understands law as an agent of complexity, thus contributing to the emergence of finance and its inherent instability. Normatively, this conceptual framework reveals the limits of current regulatory approaches and constructs a holistic risk governance framework that is akin to the one adopted to govern disaster risks.

Yun Zhao and Hui Chen on Enhancing access to digital justice: digital governance of dispute resolution and dispute prevention in online commercial activities (Journal of International Dispute Settlement)

"Enhancing access to digital justice: digital governance of dispute resolution and dispute prevention in online commercial activities"
Yun Zhao, Hui Chen
Journal of International Dispute Settlement (idae001, 2024)
Published online: February 2024

Abstract: This article examines relevant theories and practices concerning the strengthening of access to digital justice and explores pathways to expanding the application of online dispute resolution (ODR) to dispute prevention in online commercial activities. It focuses on how to enhance both efficiency and fairness in four stages of commercial activities, namely, deal-making (contract formation), contract performance, dispute resolution, and the enforcement of final results. At the deal-making stage, the application of e-signatures is analysed with respect to the prevention of compliance and security risks. The best practices of smart contracts and blockchain technology are also investigated to promote relevant innovative designs in the digital governance of online contract performance. In addition, top-down and bottom-up ODR platforms are compared in terms of their respective patterns for enhancing efficiency and fairness, as well as their differing potential for institutionalization. Finally, existing ODR self-enforcement models are explored, with emphasis on the ‘preauthorization’ model and the example of Taobao.