9:30am - 11:00am
Young Scholars Workshop Webinar 1: A Progressive Commercial Law in a Changing World
This Young Scholar forum attracts brilliant young minds globally and presents topics including the discussion on directors' duties and stakeholders' interests: envisaging an enforcement mechanism, relational supply chains, a comparative study on personal information protection legislative reforms in China, the legal roadmap and regulatory landscape, and the COVID-19 crisis and investment contracts under the ICSID convention: force majeure and hardship revisited.
11:30am - 1:00pm
Young Scholars Workshop Webinar 2: China in the Global Trading System
China is at the centre of academic and policy debates about the future of the multilateral trading system established under the auspices of the World Trade Organization (WTO). The panel will discuss some of the most systemic and controversial issues relating to China, the world trading system and beyond. This Young Scholars Workshop discusses some longstanding or emerging challenges faced by the WTO: developing country status and special and differential treatment, recent development of regulation of state-owned enterprises under the EU-China Comprehensive Agreement on Investment, and trade and sustainable development and China’s practices.
2:30pm - 4:00pm
Young Scholars Workshop Webinar 3: Challenges and Opportunities in International Dispute Settlement Mechanism
International dispute settlement mechanism is experiencing unprecedented challenges and a legitimacy crisis. Efforts for reform have been made by various stakeholders to respond to the public criticism. What are the challenges and opportunities in the international dispute settlement mechanism? This panel discusses a number controversial issues facing international dispute settlement mechanism, from the Covid-19 crisis and investment contracts under the ICSID Convention, to human rights issues arising out of investment treaty arbitration, from corruption and bribery occurring between investors and public officials of host states, to the applicability of New York Convention to investment treaty arbitration awards. It will also explore some of the investor-state dispute settlement (ISDS) reform options, such as dispute prevention mechanisms in ISDS and its implications for legal pluralism.
4:30pm - 6:00pm
Young Scholars Workshop Webinar 4: New Issues of Finance and Currency
New issues of finance and currency are arising, ranging from new international development banks to new technology and digital currency. They appear to be profoundly affected international economic order in crucial aspects (e.g., new institutions, and regulatory challenges). This panel will discuss the following crucial issues, which help us to explore the new landscape of the world economy. Will new international development banks re‐configure international economic development discourses? What are the legal responses of central bank digital currency, particularly based on the proposals of China, Eurozone, and the United States? How to regulate blockchain?
5:30pm - 7:30pm
2021 Mason Conversation with Her Excellency the Honourable Margaret Beazley AC QC
Join us for the 2021 Mason Conversation featuring Her Excellency the Honourable Margaret Beazley AC QC in conversation with Professor Rosalind Dixon, Director, G+T Centre of Public Law, UNSW Sydney. The Mason Conversation is a series named in honour of Sir Anthony Mason AC KBE GBM marking his outstanding generosity and contribution over decades to the University of New South Wales. As well as a distinguished career in the law, including as Chief Justice of the High Court of Australia (1987-95), Sir Anthony was the fifth Chancellor of the University of New South Wales between 1994 and 1999 and the inaugural Chair of the Advisory Committee to the Gilbert + Tobin Centre of Public Law. This event is hosted by the Gilbert + Tobin Centre of Public Law together with the Faculty of Law & Justice. This event is particularly significant in 2021 as we celebrate our Faculty’s 50th Anniversary year.
4:30pm - 6:00pm
China and International Trade Regulation in the Post-Pandemic Era
China is at the centre of academic and policy debates about the future of the multilateral trading system established under the auspices of the World Trade Organization (WTO). The panel will discuss some of the most systemic and controversial issues relating to China, the world trading system and beyond. The conference has a distinguished panel of speakers including Professors Bryan Mercurio (CUHK), Qingjiang Kong (CUPL) and (Michael) Ming Du (Durham) focusing on exploring the impact (or lack of impact) of the WTO on China's economic reforms, the future of China's trade policies and possible policy responses by China's major trading partners (particularly the United States and the European Union) in the (post-) pandemic era.
4:30pm - 6:00pm
Corporate Law and Practice in Turbulent Times?
The COVID-19 pandemic continues to have a significant impact on the global economy and flow of capital and people. The campaign of decoupling driven by geopolitics is reshaping our business world. Corporate law is critical in allowing businesses to respond quickly to these challenges. This session will reflect and explore significant issues in corporate law in the turbulent times. These issues include the use of China’s corporate social credit system in the pandemic time, the impact of regulations on cross listings under the deteriorating US-China relationship, and a discussion on liabilities of professionals in securities fraud litigations in China. Associate Professor Charlie Xiao-chuan Weng will host a panel of eminent corporate scholars from the Asian Pacific region to discuss the issues mentioned above and their implications to the whole region. He will be joined by Associate Professor Lauren Yuhsin Lin of the City University of Hong Kong, Associate Professor Wei Zhang of the Singapore Management University, and Associate Professor Xiaochen Zhang of Zhejiang ZheJiang University of Finance and Economics.
10:00am - 4:00pm
UNSW Open Day
Prepare for your future and search for what inspires at UNSW Open Day, 2021. Open Day is your chance to explore what UNSW has to offer across every area of study and discover the opportunities that will shape your future. Join information sessions covering degrees, entry and admissions, connect for 1-on-1 conversations with educators and current students and get a taste of UNSW life. To be the first in the know, register your interest and keep an eye on your inbox. In the lead up to the day you will receive information on what to expect and details on how to register and attend.
12:30pm - 2:00pm
The Present and Future of ISDS Reform
The system of investor-state dispute settlement (ISDS) has aroused much controversy and backlash in recent years. Efforts for reform have been made by European Union, the United Nations Commission on International Trade Law (UNCITRAL), the International Centre for the Settlement of Investment Disputes (ICSID), and other stakeholders to respond to the public criticism. What are the points of friction that trigger public criticism against ISDS? What is the status of the reform options currently being discussed? What are the prospects of ISDS reform? This panel explores the ongoing efforts of ISDS reform from different institutions (including ICSID, UNCITRAL Working Group III on ISDS Reform) and probes public opinion on ISDS through behavioural experiments.
4:30pm - 6:00pm
New dynamics in the post-COVID context: International Investment Law and Beyond
A seminar hosted by UNSW Law & Justice’s Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre. The implications of investment law for jurisdictions are broad and significant. This session will approach this important topic from diverse viewpoints in trade and investment, with the major focus of the presentations ranging from investment obligations, competition law and policy and the regulation of digital platforms. Professor Karsten Nowrot and Kristina Hadzhieva, Lecturer, both from the University of Hamburg, will first consider investment agreements with a focus on China in their presentation, ‘Incorporating investors’ responsibilities in international investment agreements: what China?’ Dr Mark McLaughlin from Singapore Management University with then address investment obligations in a wider context in his presentation titled ‘Managing state capitalism in Asia: national security, competitive neutrality, and investment obligations.' Associate Professor Alexandr Svetliccini, University of Macau, will focus on the implications of one investment agreement in his presentation ‘The EU-China Comprehensive Agreement on Investment: Disciplining Competition Law Enforcement in China?’ Dr Han Wei Lui, Senior Lecturer, Monash University, will explore the concept of digital platform liability in his presentation ‘Cyberspace through trade: the contestation of online platform liability.’
29 - 30 Nov
9:00am - 9:00pm
Money, Power and AI: From Automated Banks to Automated States
Call for papers (PDF) AI and automated decision-making tools promise money and unmatched power to banks and governments alike: not only, so the saying goes, will they know everything about their citizens and customers, but will also be able to predict their behaviour, preferences and opinions. A global consulting firm McKinsey estimates that AI technologies will unlock 1 trillion dollars additional value for global banking industry every year. No wonder, governments around the world are quick to jump on the AI bandwagon, expecting increased efficiency, reduced costs and better insights into their populations. But will AI and automated decision-making meet these promises? Many of us are researching these cutting-edge issues from different angles and starting points. Some researchers focus on AI-driven innovation in the industry or public sector. Some are passionate about justice and new harms that arise when business and governments automate their decisions. Others look at how AI is transforming wider structures of economy and governance. Yet, we rarely talk to each other. Divided by artificial disciplinary distinctions of ‘public’ and ‘private’ law, we hardly appreciate that many automated decision-making and AI tools, which governments are eagerly applying today, have been developed and experimented with for decades in the private sector. For example, we do not often talk about how China’s Social Credit System has roots in automated credit scoring in the financial industry. Similarly, we do not discuss how data-enabled fraud detection, used in the Australian Robo-Debt system, has long been a common practice in the banking industry. India’s national ID system Aadhaar incorporates many different automated decision-making and AI tools, such as facial recognition and profiling, long experimented with in the private sector. As these examples illustrate, technology tools, along with the broader managerial culture, are often transferred from private corporations to government departments. At the same time, governments are the ones funding the initial development of these tools, later to be commercialized by corporations. Corporate and trade secrecy means we simply don’t know how latest technology is used by the industry and what new tools are being developed at the moment. Yet, these tools will soon reach public administrations, and will be incorporated into ever larger Automated States, dealing with welfare, taxes and public money. Such close and mutually reinforcing relationship between the industry and public administration could teach us about the future possibilities and societal dangers of AI and automated decision-making in finance and public administration. It could also teach us about accountability, better regulation, and scrutiny. In this conference, we want to promote dialogue between the ‘public’ and ‘private’ lawyers and scholars, technology critics, enthusiasts and pessimists about “Money, Power and AI”. Sharing our different perspectives can lead to a more holistic understanding of the shifts that are reshaping our financial and public institutions, our economies and societies. We invite paper presentations or panel discussions on these themes. Contributions can be conceptual, doctrinal or applied, discussing AI tools in financial sector and/or public administration in different jurisdictions, as well as theoretical, comparative and international approaches. Presentations focusing on both the financial and public institutions are encouraged, but they can also address only specific aspects of either. Contributions might include, but are not limited to, reflections on: How automated decision-making and AI tools are reshaping financial industry and or/public administration? What is the history and roots of the use of such tools? In what business and/or public policy areas automated decision-making and AI tools have been most prominent? Why? The relationship between industry and states and the transfer of technology and AI culture & tools. What are the benefits, limits and dangers of such close ties? What can we learn about the power and the future of money from long history of cooperation between business and governments? The role of regulators in AI and automated decision-making: how public regulators should enforce existing laws to tackle new dangers and harms that arise from automated decision-making and AI tools? Or are regulators too focused on innovation, turning a blind eye to potential dangers and harms of AI tools? What does this mean for the Automated State, which, as we know, is often an adopter of these AI tools from the private industry? How legal and regulatory framework can promote not only AI innovation, but also its benefits for communities and society? What does such framework entail? Are these two different goals compatible, and who benefits? How AI and automated decision-making in financial sector and public administration affect various rights, such as privacy, data protection and cybersecurity? What about other human rights, in particular, economic and social rights? The role of financial and digital literacy in financial sector and public administration: how certain communities are excluded, discriminated, or further marginalized by AI tools? What new accountability frameworks are needed to reflect the shifting power of Automated Banks and Automated States? Conference Format & Registration COVID restrictions permitting, the conference will be held in-person and online: 29 November 2021 (Monday) – in-person conference at UNSW Sydney live-streamed, 9 am to 3.30 pm. Morning & afternoon tea and lunch will be provided for participants; 30 November 2021 (Tuesday) – online conference, 9 am to 1 pm; 29 & 30 November 2021 (Monday & Tuesday) – online evening sessions 7 pm to 9 pm (AEDT) to be held in Spanish. Both in-person and online registration is free. Conference Papers & Edited Collection There are two main types of participation at the conference: individual conference papers, of 15 mins duration; please send abstracts of 300 words; panel discussions of 1 hour duration; with at least 3 papers to be chaired by proposed participant(s); please send panel proposals of 100 words, plus a 300-word abstract for each presentation at the panel. Please send abstracts and panel proposals to email@example.com by 17 September 2021. We will notify you of acceptance by 30 September 2021. Selected papers will be invited to be published in a post-conference edited collection, titled: “Money, Power and AI: From Automated Banks to Automated States” with around 10 contributions of 6.000-8.000 words. Full papers will need to be provided by 1st March 2022. When sending in your abstract please indicate whether you are interested in contributing to the edited collection, we will provide further details in due course. Confirmed Speakers Lyria Bennett Moses, Director of the Allens Hub for Technology, Law and Innovation and Professor at the Faculty of Law and Justice, UNSW Sydney Terry Carney, Emeritus Professor of Law at the University of Sydney Law School, Investigator at the ARC Centre of Excellence for Automated Decision-Making and Society, Fellow of the Australian Academy of Law Leif Gamertsfelder, General Manager, Group Customer Remediation at Westpac Michael Guihot, Deputy Chair, Society on Social Impact of Technology Australia and Senior Lecturer at the Queensland University of Technology School of Law Aurelie Jacquet, chair of the Standards Australia committee representing Australia at the international standards on Artificial Intelligence Dimity Kingsford Smith, Professor at UNSW Law and Justice, Minter Ellison Chair of Risk and Regulation at UNSW David Kinley, Chief Investigator of the Financial Services Human Rights Benchmark Project and Professor of Law at the University of Sydney, Chair in Human Rights Law Ching-Fu Lin, Associate Professor of Law at the National Tsing Hua University, Taiwan David Lindsay, Professor at the University of Technology Sydney Law School Rob Nicholls, Associate Professor at the UNSW Business School and Faculty lead at the UNSW Institute for Cyber Security Justine Nolan, Director of the Australian Human Rights Institute and Professor at the Faculty of Law and Justice, UNSW Sydney Jeannie Paterson, Co-Director of the Centre for AI and Digital Ethics (CAIDE) and Professor of Law at the University of Melbourne Edward Santow, Human Rights Commissioner at the Australian Human Rights Commission, leading the Commission’s work on technology and human rights Kym Sheehan, Chief Investigator of the Financial Services Human Rights Benchmark Project and Senior Lecturer at the University of Sydney Law School Toby Walsh, ARC Laureate Fellow and Scientia Professor of AI at the UNSW and CSIRO Data61, Adjunct Professor at QUT and Fellow of the Australia Academy of Science Kimberlee Weatherall, Chief Investigator with the ARC Centre of Excellence for Automated Decision-Making and Society and Professor of Law at the University of Sydney Conference Organisers Zofia Bednarz is a Research Associate with the Centre for Law, Markets and Regulation UNSW, and will soon be a Lecturer at Sydney Law School. Zofia's research focuses on commercial law and technology, company law and consumer contracts. Monika Zalnieriute is a Senior Lecturer and Australian Research Council DECRA Fellow at UNSW Sydney. Monika’s research explores the interplay between law, technology, and politics. She is also an Investigator at the ARC Centre of Excellence for Automated Decision-Making and Society. Conference Hosts and Sponsors Centre for Law, Markets and Regulation, a joint initiative of the Faculty of Law & Justice and UNSW Business School, is the premier research centre for the study of the dynamics of market regulation. The Centre’s work is distinctive in the range of market institutions it studies, its focus on understanding the nature and effects of regulation, and its attention to the social justice dimensions of regulation. Allens Hub for Technology and Innovation is an independent community of scholars based at UNSW Sydney. As a partnership between Allens and UNSW Law, the Hub adds breadth and depth to research on the diverse interactions among technological change, law, and legal practice. The partnership enriches academic and policy debates and drives considered reform of law and practice. Australian Human Rights Institute breaks silos between academic research and real-world problems to progress human rights. Building on the outstanding legacy of the Australian Human Rights Centre, the Institute delivers multidisciplinary, applied research, empowering communities and educating the next generation of human rights leaders. It works in partnership with government, industry and human rights defenders through advocacy, education and public engagement to achieve impact. ARC Centre of Excellence for Automated Decision-Making and Society (ADM+S) brings together universities, industry, government and the community to support the development of responsible, ethical and inclusive automated decision-making. The Centre combines leading researchers from the humanities, social and technological sciences and works with technologists, policy-makers, and public communicators. Acknowledgments In addition to the hosts and sponsors listed above, this conference is also partially funded by the Australian Research Council Discovery Early Career Research Award (‘Artificial Intelligence Decision-Making, Privacy and Discrimination Laws’, project number DE210101183) and by the Santander Financial institute (SANFI) award for Early Career Researchers (‘Regulating the Use of AI and Big Data in Retail Financial Services: Promoting Innovation and Preventing Consumer Harm’). We acknowledge the Bedegal people of the Eora Nation that are the Traditional Custodians of this land in which UNSW is situated. We pay our respects to their Elders past, present and emerging.