Yi Tang on COVID-19 Measures and Investment Treaty Claims: An Asian Perspective (new book chapter)

"COVID-19 Measures and Investment Treaty Claims: An Asian Perspective"
Yi Tang (PhD Candidate)

in Marc Bungenberg (ed), Manjiao Chi (ed), Andrea K. Bjorklund (ed), Asian Yearbook of International Economic Law
Published online: May 2025

Abstract: The COVID-19 pandemic has prompted unprecedented government measures worldwide. While essential for protecting public health, these measures may have negatively impacted foreign investments, leading to conflicts between host states’ rights to safeguard public interests and their obligations to protect foreign investment under international investment agreements (IIAs). This chapter explores the conflicts between COVID-19 measures and IIA obligations within Asian context, focusing on two primary grounds for potential investment treaty claims—breaches of the fair and equitable treatment (FET) standard and claims of unlawful expropriation. Through an analysis of the regulatory responses in Asian states, this study elucidates the complexities of these claims. The findings suggest that FET claims may become more prominent than expropriation claims in the context of the COVID-19 crisis, given their broader scope of application and lighter burden of proof. Through a forward-looking lens, this exploratory analysis provides insights for both Asian host states and foreign investors, aiming to map and navigate the potential landscape of future investment disputes in the post-pandemic era with greater clarity and preparedness.

Cora Chan’s book awarded Special Mention for ICON-S Book Prize

Congratulations to Professor Cora Chan for winning a Special Mention for the International Society of Public Law (ICON-S) Annual Book Prize with her book Deference in Human Rights Adjudication (Oxford University Press 2024). This prize is one of the most prestigious book awards in the field of public law. The judges awarded the honorary mention to Cora’s book for its “sophistication, analytical depth, and comprehensiveness with which [it] tackles the subject matter, promising to be a guide not just to courts and practitioners, but also to academics interested in the theoretical problems raised by the question of deference in adjudication.” 

Cora’s book was also one of two finalists for the 2024 Book of the Year Award from the International Forum on the Future of Constitutionalism.

Jiajun Luo on Internalizing Public Disputes: The Rise of China’s Administrative Reconsideration Under Xi (HJRL)

"Internalizing Public Disputes: The Rise of China’s Administrative Reconsideration Under Xi"
Jiajun Luo (PhD 2025)
Hague Journal on the Rule of Law
Published online: June 2025

Abstract: This article examines the strategic shift in China’s public dispute resolution under Xi Jinping, marked by the elevation of administrative reconsideration over judicial review as the primary and preferred channel for resolving disputes between citizens and government agencies. The 2023 Administrative Reconsideration Law institutionalizes recent reform efforts, formalizing its role as a more flexible, efficient, and internally dispute resolution alternative to litigation. These changes support the Party’s vision of self-regulation within the bureaucracy and reduced dependency on courts, by bolstering administrative reconsideration’s procedural efficiency and institutional powerbase to review both legality and reasonableness of administrative actions. However, despite increased case volume, administrative reconsideration in China continues to face challenges, including bureaucratic resistance that limits its effectiveness in addressing citizen grievances. Moreover, although agency review aligns with the Party’s preference for concentrated power and minimal public scrutiny, judicial review and petitioning remain entrenched avenues for public dispute resolution. Ultimately, this internal approach reflects Xi’s vision of rule of law, in which public grievances are managed within the administration to project an image of an omnipotent state, capable of self-correcting governance issues. Rooted in China’s paternalistic tradition, administrative reconsideration embodies a broader theme to portrays the regime as a benevolent authority that resolves disputes on behalf of the public, rather than empowering individuals to address them independently.

Shangshu Liu et al on Managing destination stigma in post-pandemic tourism (Asia Pacific Journal of Tourism Research)

"Managing destination stigma in post-pandemic tourism: an integrated model of disease avoidance, tourism solidarity, and tourism ethnocentrism in recovery efforts"
Shangshu Liu (JD candidate), Yuchen Xu, Catherine Cheung, Jeremy Ko, Chun Kai Leung
Asia Pacific Journal of Tourism Research
Published online: June 2025

Abstract: This study examines the impact of pandemic-related stigma on tourists’ support for destinations linked to COVID-19, using Wuhan as a case. Rooted in an evolutionary tourism paradigm, survey data from 421 Chinese respondents indicate that perceived disease infectability heightens stigma, reducing tourism solidarity but increasing ethnocentric support. Structural equation modeling shows that while solidarity fosters empathy, it doesn’t lead directly to behaviors like visitation or spending. Conversely, tourism ethnocentrism more strongly predicts supportive actions, suggesting that national pride can counteract stigma. These findings provide actionable insights for tourism practitioners, highlighting the importance of strategies that leverage national identity and address safety concerns transparently to restore traveler confidence. This study contributes to the discourse on health-related stigma, cultural identity, and tourism recovery, suggesting corresponding stigma-reducing interventions.

Yating Lin on Deciphering China’s Selective Adaptation to Investment Treaty Regime (JWIT)

"Deciphering China’s Selective Adaptation to Investment Treaty Regime: A “Domestication” of International Investment Law Perspective"
Yating Lin (PhD candidate)
The Journal of World Investment & Trade
Published online: June 2025

Abstract: As China emerges as a prominent economic powerhouse and a key stakeholder in the international economic legal order, academic discourse beams the searchlight on its approach to international investment law. While discussions often center on the “external adjustment perspective” and explicate China’s participation in international investment law by analyzing different iterations of Sino-Foreign investment treaties, a noteworthy yet underexplored inquiry pertains to how Chinese domestic legal frameworks assimilate and repurpose investment treaty norms. This article elucidates China’s investment treaty policy through the lens of the “domestication of International Economic Law”, which is a new and significant theoretical development under current “de-globalization” challenges. It delves into how China’s domestic legal constructs pertaining to investment treaties and arbitration subtly but significantly discourage foreign investors from initiating investment treaty arbitration, forming an integral part of China’s investment treaty policy. Essentially, the dual-track approach arises from China’s simultaneous need to actively engage in the investment treaty regime to reap practical benefits, while maintaining deep-seated ideological and political reservations towards investment arbitral claims. This article explores the Chinese experience as a contributor to enhancing the understanding of how domestic-level legal framings may have implications for international investment law and international adjudication in the context of the domestication of IEL. It also juxtaposes China’s approach towards international investment law with its participation in general international law, unveiling a strategic alignment marked by “selective adaptation” to international norms. Essentially, China’s approach to international law mirrors its consistent diplomatic strategy.

Xiaoping Wu and John Liu on Constraints in the Economic Analysis of Law in China (AJLE)

"Constraints in the Economic Analysis of Law in China"
Xiaoping Wu (SJD candidate) and John Liu
Asian Journal of Law and Economics
Published online: May 2025

Abstract: Since its introduction to China in the 1980s, the field of law and economics has undergone significant development, with a growing emphasis on empirical research. However, the integration of economic analysis into the current legal study framework has been constrained by insufficient supply and limited demand for this knowledge. This study provides a detailed analysis of the challenges hindering the advancement of law and economics in China. It categorizes research in this field into three main areas: case analysis of legal issues, quantitative analysis of the law, and empirical studies on the economic impact of law and regulations. The study examines the progress made in each category of research and identifies the key obstacles that need to be addressed.

Sida Liu on Against Digital Superstition: On the Pseudoscientific Development of the Sociology of Law in China (CLSR)

"Against Digital Superstition: On the Pseudoscientific Development of the Sociology of Law in China"
Sida Liu
China Law and Society Review
Published online: May 2025

Abstract: This article examines the current state of the sociology of law in China, which is characterized by pervasive digital superstition and a “scientific turn” towards quantitative methods. The article traces the historical development of the field, critically assesses the impact of digital technologies on sociolegal research, and scrutinizes the underlying causes of digital superstition, including academic incentives, technological advancements, and state control over data. In response to these issues, the article proposes alternative approaches to conducting sociolegal research in the era of digitalization, such as video observation and online ethnography, highlighting the significance of storytelling. The article advocates for a balanced and reflective approach to digitalization in Chinese sociology of law, emphasizing the potential for meaningful advancements in the field when digital technologies are employed judiciously and responsibly.

Shahla Ali on Deciding Lawsuits Outside of Court: Mediation in Hong Kong (New Book Chapter)

"Deciding lawsuits outside of court: mediation in Hong Kong"
Shahla Ali
in Margaret Y.K. Woo & Cornelis H. van Rhee (Eds), Comparative Civil Procedure (Edward Elgar Publishing, March 2025), Chapter 21, pp.501-514
Published online: March 2025

Abstract: Court mediation systems reflect the diversity of the world’s civil procedure landscape. The varying tensions between advancing relational repair and individual rights-protection likewise plays out in policy design of court mediation systems. Varied systems of court mediation reflect distinct social norms, values, culture and surrounding legal environment and impacts how individuals perceive the relative levels of efficiency, confidence and administration of justice within the civil justice systems. Court mediation in Hong Kong bears some resemblance to features of the United States, Chinese and United Kingdom mediation traditions in the sense that there is strong encouragement of court mediation, a recognition of intrinsic value of mediation, and a possibility of integrating mediation and other adjudicatory practices if parties agree. This chapter presents empirical research examining changes over time following the introduction of Hong Kong’s civil mediation reform in relation to indicators of efficiency, confidence and perceptions of justice as measured by the World Justice Project, the Worldwide Governance Indicators and Global Competitiveness Report.

Please click here to view the full text of this chapter on SSRN.

Cora Chan on Pluralizing Constitutionalism (new book chapter)

"Pluralizing Constitutionalism"
Cora Chan
in Madhav Khosla (ed),Vicki C Jackson (ed),Redefining Comparative Constitutional Law: Essays for Mark Tushnet (Oxford University Press),Chapter 24,pp.355 - 368
Published online: November 2024

Abstract: One of Professor Tushnet’s many legacies is his exposition of strains of constitutionalism other than liberal constitutionalism. He has crafted sophisticated accounts of authoritarian constitutionalism and illiberal constitutionalism and offered thought-provoking ideas on Ernst Fraenkel’s concept of the dual state. His attempts at pluralizing constitutionalism have not only brought analytical clarity and allowed us to theorize the regimes that do not fit into the dichotomized framework of authoritarianism versus liberal constitutionalism, but also have important normative implications for constitutional design and strategy. This chapter draws on Professor Tushnet’s contributions on nonliberal constitutionalism and the dual state to examine four issues pertaining to the nature, structure, and significance of the dual state, as well as to the stability of mixed constitutions.

Call for Papers: 2025 HKU-ALSA Young Scholars Conference

Call for Papers

2025 HKU-ALSA Young Scholars Conference

We are delighted to announce that the HKU-ALSA Young Scholars Conference, organized by the Asian Law Schools Association (ALSA) Young Scholars Chapter in collaboration with the University of Hong Kong, the Australian National University, and Thammasat University, will be held at the University of Hong Kong on 5th and 6th December 2025.

The conference will provide a unique opportunity for young scholars to present their research and receive constructive feedback. It will also feature senior scholars reflecting on and sharing insights from their academic journeys.

Eligibility for paper submissions is limited to young scholars, defined as doctoral candidates, assistant professors, and associate professors with less than 15 years of academic experience. Young scholars working in the following areas are especially encouraged to participate in this call:

• Corporate Law and Bankruptcy Law
• Law and Technology, with a focus on Law and Artificial Intelligence
• Empirical Legal Studies
• Alternative Dispute Resolution

Submissions

Expressions of interest to present at the ALSA Young Scholars Conference should be sent to alsayoungscholars@gmail.com and should include the following information:

- Name, affiliation and contact details of the presenter

- Bio (no more than 150 words)

- Full papers in English that are unpublished, including preliminary or early-stage drafts.

The expression of interest, along with the accompanying information above, should be submitted by 15th August 2025. Please use “Name_Paper Title” as the subject line of your email.

Organizing committee

- Alex Zhicheng Huang, Global Academic Scholar, Faculty of Law, University of Hong

Kong, HKSAR

- Akshaya Kamalnath, Associate Professor of Law, Australian National University,

College of Law, Australia

- Amnart Tangkiriphimarn, Vice Dean for International Affairs and International

Programs, Thammasat University, Faculty of Law, Thailand

Selected speakers will be notified by 10th September 2025 and invited to deliver an in-person presentation in Hong Kong. Early submissions are strongly encouraged. We kindly ask for your understanding that due to the volume of submissions, only selected speakers will receive notification.

We are firmly committed to fostering a diverse and inclusive environment. We aim to provide an open and collegial platform for scholarly exchange that brings together law scholars from across Asia and beyond. We look forward to receiving your valuable contributions and to building lasting connections within our scholarly community.

RGC Awards $3.5 Million in Research Funding to HKU Law 2025/26

Congratulations to our five colleagues who were successful in the 2025-2026 round of research grant funding by Hong Kong's Research Grants Council (RGC). The three General Research Fund (GRF) projects that were funded cover a range of topics, from examining the impact of “revolving-door” judges in the Chinese judicial system to investigating China’s efforts to reshape public interest lawyering to exploring the relationship between China’s legal system, financial markets, and economic development. Two Early Career Scheme (ECS) project were funded to study the Integration of China's Patent System and Social Credit System, and introduction of statutory recognition of same-sex couples in Hong Kong. The details of the new funded projects are as follows:

GRF:
Professor John Liu
The Revolving Door in the Chinese Judiciary and Its Economic Consequences: A Quantitative Study, HK$1,064,000

Professor Ying Xia
Nationalizing Legal Mobilization: The Transformation of Public Interest Lawyering under Xi Jinping, HK$679,000

Professor James Zeng
China's Path of Law and Finance, HK$746,000

ECS:
Professor Taorui Guan
Big Data-Driven Governance: A Study on the Integration of China's Patent System and Social Credit System, HK$630,925

Professor Stefano Osella
Recognising Same-sex Partnerships in Hong Kong: Constitutional and Human Rights Perspectives, HK$406,816

CCL Member Professor Xin He delivered the keynote speech at the 9th Conference for Junior Researchers on Law and Society at Stanford Law School

On May 9, 2025, the Law and Society Association at Stanford Law School (LSAS) successfully held its Ninth Conference for Junior Researchers. The conference provided a forum for junior researchers to share their current research projects on law and society and receive input from faculty and other participants.

The focus of the conference was on the intersections of law, power, and reform, particularly in systems undergoing rapid political or social transformation. In particular, the conference explored how courts navigate these transformations, and the roles legal actors play in resisting or facilitating change.

Xin He, HKU Mok Sau-King Professor in Law and member of Philip K.H. Wong Centre for Chinese Law, was invited to deliver the keynote speech titled “A State Perspective on China’s Rights Development” at the conference. Emeritus Professor Lawrence M. Friedman from Stanford Law School delivered a warm opening remark, welcoming Professor He back to his alma mater and congratulating him on his achievements in the field of sociology of law, particularly in comparative Chinese legal studies.

In his keynote speech, Professor He introduced a viewpoint that diverges from the dominant rights mobilization approach, arguing that a state perspective and especially the dynamics between the state apparatuses offer crucial insights on China rights development. Professor He elaborated on this perspective through examples from several key areas of justice and explored the significance of the state perspective by comparing China with other authoritarian states. He noted the contrast with many authoritarian countries where law often opposes the state, pointing out that China’s legal system closely serves state interests. The extensive control of judges, courts, and legislative processes by the state highlights the unique context of China’s law and politics.

Participants in the conference included Stanford Law School professors such as Lawrence M. Friedman, Amalia D. Kessler, Deborah R. Hessler, Curtis J. Milhaupt, and Henry T. Greely. The attendees also included promising young scholars from academic institutions like Yale University, Duke University, the University of California, Berkeley, and the University of California, Los Angeles.

Professor Simon Young joined the Editorial Board of Transnational Criminal Law Review (TCLR)

Congratulations to Professor Simon Young, who has joined the Editorial Board of the Transnational Criminal Law Review (TCLR). 

TCLR is an open access, peer reviewed journal focused on transnational criminal law. The phrase ‘transnational criminal law’ refers to the law that applies to crimes that cross or threaten to cross state boundaries. The TCLR invites manuscripts from authors around the globe, concerning all areas of transnational criminal law, including substantive, evidentiary, and procedural law; theoretical, critical, and doctrinal issues relating to transnational criminal law; and interdisciplinary perspectives.

Published twice yearly, the TCLR publishes full length academic articles, subject to double blind peer review. It also publishes shorter pieces, such as case comments, book reviews, and reports on new developments in the field. The journal is open access in order to enable free access for everyone interested in transnational criminal law. The journal targets an audience of legal scholars, criminologists, and social scientists, as well as legal practitioners, policy-makers, and students.

Please click here for more details about the Journal.

The full list of Editorial Board of TCLR is available here.

Valeria Vázquez Guevara and Claerwen O’Hara on ‘We, the peoples of the Earth’: ALBA, populism and the making of an alternative international law (London Review of International Law)

 "‘We, the peoples of the Earth’: ALBA, populism and the making of an alternative international law"
Claerwen O’Hara, Valeria Vázquez Guevara
London Review of International Law
Published online: May 2025

Abstract: This article explores the populist approach to international law of the Bolivarian Alliance for the Peoples of our America (ALBA). Over the past decade, there has been a proliferation of scholarship depicting populist politics as hostile to international law. Yet, across the global South, there are examples of leaders promoting regional unity, creating multilateral alliances, and engaging with international law, all while advancing a populist discourse based around an idea of ‘the people’. We argue that ALBA is one such example. Focusing on its activities as a fluid coalition in international institutions between 2009 and 2019, we demonstrate how ALBA developed a unique technique of international legal engagement and contestation, based around claims to represent ‘the people’ (or ‘peoples’) of the earth. In this way, ALBA shows how the adoption of a populist register can provide an alternative way of both belonging to, and resisting, the international legal order.

HKU Law Welcomes Prof. Valeria Vázquez Guevara

Welcome to Prof. Valeria Vázquez Guevara, who joins the Faculty of Law as an Assistant Professor.

Valeria researches and teaches across the areas of international law, law-and-humanities, and land/property law. Valeria’s research engages with law-and-humanities methodologies to address questions of international law, its institutions, contestations, and geopolitical implications, especially between North-South and South-South actors. The research builds on Valeria’s personal and professional experiences in international development and peacebuilding projects in El Salvador, Spain, the Basque Country, and South Africa.

Valeria is the author of Truth Commissions and International Law (Cambridge University Press, in press). The book examines how Truth Commissions deal with the plurality of (rival) accounts that exist across communities to establish an authoritative account of the past. It expands on her doctoral thesis at Melbourne Law School, which won the University of Melbourne Chancellor’s Prize for Excellence in the PhD Thesis and Melbourne Law School’s Harold Luntz Prize for Best Doctoral Thesis. Valeria’s next major research project focuses on the historical and contemporary relationship between ASEAN and international law, with a particular focus on land tenure issues.

Valeria serves as member of the executive committee of the Law, Literature and Humanities Association of Australasia, and as co-convener of the Critical Approaches to International Law Interest Group of the European Society of International Law (ESIL). Previously, Valeria has served as co-chair of the History and Theory of International Law Interest Group of the Australian and New Zealand Society of International Law (2022-2025), and as Managing Editor and Editorial Board member of the Australian Feminist Law Journal (2021-2023).

HKU Law Welcomes Prof. James Zeng

Welcome to Prof. James Si Zeng, who joins the Faculty of Law as an Associate Professor.

Prof. Zeng works on corporate law, the Chinese legal system, and empirical legal studies. His independently authored works have appeared or will appear in highly selective peer-reviewed journals such as the American Journal of Comparative Law, American Business Law Journal, American Bankruptcy Law Journal, International Review of Law and Economics, European Business Organization Law Review, Journal of Environmental Law,  Journal of Corporate Law Studies, Peking University Law Journal(中外法學), Global Law Review(環球法律評論), Political Science and Law(政治與法律), and Hong Kong Law Journal, as well as leading student-edited law reviews such as the Columbia Journal of Asian Law, N.Y.U. Journal of Law and Business, University of Pennsylvania Journal of International Law, Berkeley Business Law Journal, Vanderbilt Journal of Transnational Law, and Review of Banking and Financial Law. His doctoral dissertation, State Ownership as a Substitute for Costly Regulation, was supported by the Oscar M. Reubhausen Fund at Yale Law School and is currently under contract for publication by Cambridge University Press. He has also conducted research on Chinese corporate law supported by the Early Career Scheme of the Research Grant Council of Hong Kong, China.

Professor Zeng graduated from Yale Law School with an LL.M and a J.S.D. degree. Prior to that Professor Zeng graduated from Peking University (LL.B., B.A. in Economics, Mphil in Law). He passed the National Judicial Examination of China and is admitted to the New York State Bar. Prior to joining HKU, he served as a tenured Associate Professor of Law, Convenor of the Faculty Seminar Series, Deputy Executive Director of the Center for Comparative and Transnational Law, and Deputy Director of the LLM Program at the Faculty of Law, Chinese University of Hong Kong.

HKU Law Welcomes Prof. David Winterton

Welcome to Prof. David Winterton, who joins the Faculty of Law as an Associate Professor.

David is an Associate Professor at the University of Hong Kong, with a specialization in contract law, commercial remedies, restitution and private law theory. He has published in several leading academic journals, as well as a monograph based on his doctrinal dissertation, entitled Money Awards in Contract Law (Bloomsbury 2015), which was shortlisted for the St Petersburg International Legal Forum Private Law Prize in 2018. His work has also been cited in various judicial decisions, including in the ultimate appellate courts of Australia and Canada.

Prior to his arrival in Hong Kong, David was a Senior Lecturer at the University of Sydney, and prior to that a Lecturer at UNSW and a stipendiary lecturer at St Anne’s College, Oxford. He holds a BSc (Pure Mathematics) and an LLB from UNSW and a BCL (Dist), MPhil and DPhil from the University of Oxford. Additionally, David has spent some time in legal practice in both Sydney (commercial litigation) and New York (Bankruptcy & Restructuring). He is admitted as a legal practitioner in NSW (2006) and as an Attorney in New York (2012).

Sida Liu and Gihad Nasr on The City and the North: Canada in the Chicago School of Sociology (The American Sociologist)

"The City and the North: Canada in the Chicago School of Sociology"
Sida Liu, Gihad Nasr
The American Sociologist
Published online: June 2025

Abstract: This article explores the intertwined histories of the Chicago School of sociology and Canadian sociology, challenging the conventional view that the Chicago School’s development was confined to the city of Chicago. By examining the academic journeys of prominent Canadian scholars such as Annie Marion MacLean, Roderick McKenzie, Helen and Everett Hughes, and Erving Goffman, it illustrates how their contributions were instrumental in shaping both the Chicago School and Canadian sociology. This research, based on extensive archival materials from primary and secondary sources, suggests that the continuous mobility and interaction of scholars between Chicago and Canada played an important role in the historical evolution of sociological thought. The study aims to “decenter” the Chicago School by highlighting the significant yet often overlooked contributions of Canadian sociologists, thereby providing a new understanding of its legacy and global impact.

Julius Yam and Cora Chan on Oratorical leadership of chief justices in post-handover Hong Kong (ICON)

"Oratorical leadership of chief justices in post-handover Hong Kong"
Julius Yam, Cora Chan
International Journal of Constitutional Law
Published online: May 2025

Abstract: This article examines how Hong Kong’s three post-handover chief justices—Andrew Li, Geoffrey Ma, and Andrew Cheung—have responded to constitutional and political challenges through their public speeches, statements, and interviews. It observes that Li adopted a bold and proactive approach that connected Hong Kong’s legal system with the wider common law world, while Ma sought greater engagement with the general public on rule-of-law issues. Cheung’s approach, in contrast, has thus far been more conciliatory and circumspect than that of his predecessors. Despite the differing leadership styles adopted by the three chief justices and the distinct nature of the challenges they have faced, the task for all three has been to find an equilibrium between liberal and authoritarian ideologies that sustains Hong Kong’s common law legal system without compromising Chinese sovereignty, and an element of pragmatism underlies all three leaders’ oratory approaches.

Technology in the Courtroom (John Liu Profiled in HKU Bulletin)

"Technology in the Courtroom"
John Liu
HKU Bulletin
Published in May 2025

How do live broadcasts affect behaviour in the courtroom? What happens when judges use AI? And what can data analytics tell us about the factors that favour litigants in court? Professor John Liu has been investigating.

Live broadcasts of court proceedings have become more common around the world, especially since the COVID-19 pandemic. In China, they are also part of an effort to encourage judicial transparency.

But sentiment about such broadcasts is divided. Some fear that judges and lawyers play to the cameras and that decisions will be badly affected. Others fear that all parties involved will be very nervous with livestreaming. In the US, David Souter, former Associate Justice of the Supreme Court, once famously said “the day you see a camera come into our courtroom, it’s going to roll over my dead body.”

Professor John Liu in the Faculty of Law, however, has been sceptical about such risks, which he calls ‘folklore’. Recently, he decided to test the matter in a randomised control trial involving 85 cases in China, including civil, criminal and administrative (suing the government) cases. Some cases were assigned to be broadcast live and all participants in the trials were told of this; the others were not broadcast. The language and behaviours of everyone involved were analysed using a combination of AI audio recognition tools and manual review.

“What we found out is that some of the folklore is just not true. Judges and lawyers do not play to the cameras or change their behaviour. These repeat players are not influenced or affected in a bad way by live streaming,” he said.

“On the other hand, the parties – the litigants – are somewhat influenced. They appear to be nervous, and they speak at a slow speed and convey less information in trials that are broadcast live.”

Detecting trends

While this may affect litigants’ perceptions of the judicial process – a matter that still needs to be studied more closely – Professor Liu said it demonstrates that judges may be too conservative about the risks of a tool that enhances transparency in the courtroom......

Click here to read the full text.