张玉卿
张玉卿
北京张玉卿律师事务所主任
WTO争端解决机构专家组成员
中国法学会世界贸易组织法研究会副会长
工作经历
1979-1982为北京外贸学院国际商法硕士研究生，获硕士学位，1982年-2004 年，国家外经贸部，现国家商务部条法司工作，先后任条法司处长、司长，其间1985年至1987年赴美国华盛顿美国乔治城大学法律中心攻读国际法，获国际法硕士学位（L.L.M），在美期间曾在Arnold & Porter 和Akin Gump & Strauss 律师事务所任工作。1999-2009曾任国际统一私法协会(UNIDROIT)理事会理事，《UNIDROIT国际商事合同通则2010版》工作组成员，曾任中国法学会常务理事。现任中国法学会WTO法研究会副会长、中国国际经济法学会副会长、中国政法大学兼职教授、博士生导师，中国国际经济贸易仲裁委员会（Cietac）、香港国际仲裁中心之仲裁员，WTO争端解决专家组成员，WTO PGE成员，2005年成立“北京张玉卿律师事务所”。在原外经贸部(现商务部)工作期间，先后率团参加UNIDROIT、UNCITRAL、The Hague Conference等统一国际贸易法律的国际组织的会议，主持中美、中欧等贸易协定、BITS、知识产权、反倾销等谈判，并长期参加“复关”(GATT)和加入WTO的谈判，组织领导起草或修改中国《外贸法》、《反垄断法》、《反倾销》、《反补贴》、《保障措施》、外资法等法律、行政法规。著有《国际货物买卖统一法》、《国际反倾销法律与实务》、《WTO案例精选-美国国外销售公司（FSC）案评介》等专著，主编《WTO法律大辞典》、《WTO新回合问题研究》、《UNIDROIT国际商事合同通则2004》等，先后在国内国外发表中英文论文80多篇。张玉卿曾作为仲裁员或中国法律专家在香港、新加坡、斯德哥尔摩、巴黎、伦敦、纽约等地的国际仲裁中心审理或参与多起仲裁案件，作为专家组成员曾参与WTO“香蕉第三案 BANANAS III”两个“21.5执行专家组”案件的审理。作Cietac仲裁员近20年，在北京、上海和深圳参与处理过众多贸易、投资与建筑工程案件。
Yuqing zHang
l Attorney at Law, Beijing Zhang Yuqing Law Firm;
l Vice Chairman of WTO Law Academy, China Law Society
l Listed Arbitrator, China International Economic and Trade Arbitration Commission (CIETAC ), Hong Kong International Arbitration Centre(HKIAC);
l Former Member, Governing Council of International Institute for Unification of Private Law (UNIDROIT);
l Member of the Working Group for the Third Edition of “Unidroit Principles of International Commercial Contract (PICC) 2010”;
l Panelist of DSB;
l Vice Chairman of China International Economic Law Association;
l Professor, China University of Political Science and Law (Professor of PhD law students) , Xiamen University, Wuhan University;
l former Director General of Department of Treaty & Law, Ministry of Commerce, PRC
Education
1985-1986 Georgetown University Law Center Washington D.C.
LL.M., Master of Laws
1979-1982 University of International Business and Economics Beijing
Master of Laws
1972-1974 University of International Business and Economics Beijing
B.A. / L.L. B.
Experience
2004.12- Beijing Zhang Yuqing Law Firm
2003.3－2004.2 Director General of Department of Treaty and Law,Ministry of Commerce(MOFCOM)
1982.9–2003.3 Division Director/Director General of Department of Treaty and Law, Ministry of Foreign Trade and Economic Cooperation (MOFTEC),PRC
May – Oct., 1986 Foreign Associate of Arnold & Porter LawFirm,
Washington D.C, the USA
Nov., 1986 – Apr., 1987 Foreign Associate of Akin, Gump, Strauss, Hauer & Feld
Law Firm, Washington D.C. the USA
August 1965-September 1979, Trade officer, China National Light Industrial Products Imp/Exp Corporation
Activities
l Panel Member of WTO Dispute Settlement, Bananas III, Compliance panels (DSU21.5： Ecuadur v. EU and USA v. EU);
l Arbitrator or legal expert for a number of international arbitration cases involving trade, investment, technology transfer, commercial transactions and construction disputes in Beijing, Shanghai, Shenzhen, Stockholm, Singapore, Hong Kong，Paris, London and New York, the United States;
l Member and Legal Counsel of the Chinese Government Delegations for GATT/WTO resumption and accession bilateral and multilateral negotiations since 1987 till 2001, particularly responsible for judicial review, trade remedy (AD, Subsidy & Safeguard), IPR, Transparency, MFN & National Treatment,etc.;
l Chinese Government representative to TRIPs negotiations during Uruguay Round Negotiations;
l Member of Chinese Government Delegation for bilateral negotiations on “301”, IP protection, Market Access negotiations with US, EU and other countries;
l Moftec/Mofcom’s chief negotiator on routine IP protection, AD,CVD or Safeguard maters with foreign governments from 1997-2004;
l Official P.R.C. Delegate, UNCITRAL Annual Meeting in Vienna, New York on various international uniform trade law topics, since 1983 till 2004;
l Official P.R.C. Delegate, participated in the extraordinary Session held by the Hague Conference in 1984, for the preparation of the International Convention on the Applicable Law to Contracts for the Sale of Goods;
l Official P.R.C. Delegate, participated in the UNIDROIT governmental expert meetings for drafting the Conventions of International Financial Leasing and International Factoring, Rome 1983;
publications and academic works
BOOKS
· Introduction and commentary on WTO case: the United States Foreign Sales
Corporations（FSC）, published in January 2011 by China Commerce and Trade Press.
· Commentary on the United nations Convention on Contracts for the International Sale of Goods（CISG）, 3rd edition, published in October 2009 by China Commerce and Trade Press.
l 《WTO Law Dictionary》, Editor in Chief, published in Chinese, 2.38m Chinese Characters, in December 2006,by Law Press China.
l A Book of UNIDROIT Principles of International Commercial Contracts 2004, Editor in Chief, Published in 2005 in Chinese by China Commerce and Trade Press.
l A Book of Legal Study of WTO Doha Agenda, Editor in Chief, published in 2004 in Chinese by China Commerce and Trade Press.
l A Book of WTO and Disputes on Safeguard Measures , published in 2001 in Chinese by Shanghai Renmin Press.
l A Book of A Collection of International Antidumping Laws and Practices, Editor in Chief, published in 2001 in Chinese by Lixin Accounting Publishing House.
l A Book of International Anti-Dumping Law & Practices, 320,000 Chinese Characters, published in 1994 by China Foreign Economic and trade Publishing Company.
l A Book of International Anti-Dumping Law, published in 2001 in Chinese by Fudan University Press.
l A Book of Uniform Law on International Sale of Goods, an Introduction and Annotation of the 1980 Vienna International Sale of Goods Convention, 320,000 Chinese Characters, published in 1988 in Chinese by China Foreign Economic and trade Publishing Company.
l A book of Principles of International Commercial Contracts by International Institute for the Unification of Private Law (UNIDROIT) , Editor in Chief, Published in 1996 in Chinese by Law Press.
l A book of International Economic and Trade Treaties , Vol. 1, Editor in Chief, Published in 1993 in Chinese by China Foreign Economic and Trade Press.
l Editor in Chief for Chapter 24: International Economic and Trade Agreement of the Book of Encyclopedia of International Economics and Trade, Published in 1991 by Tianjin Science Translation Publishing Co..
ARTICALES
· A summary of the Function and Shortcoming of WTO’s Dispute Settlement
Machenism in the Past 17 Years，International Business Daily,16/01/2012
· Make the Best Use of WTO Rules -Review China’s Exercises in WTO’s Dispute
Settlement in the Past 10 Years, International Business Daily,10/12/2011
· What has WTO brought to China in the first 10 years of China’s WTO
Membership? International Business Daily,10/12/2011
· Seeking justice and fair treatment in WTO- Comments on the AB Report on European Communities-Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners from China, WTO and China: the Development and Interaction in the Rules of Law, page 428-433, China Commerce and Trade Press, October 2011.
l Regionalism under the WTO and the prospect of an East Asian free trade area, in The WTO in the Twenty-first Century, Edited by Yasuhei Taniguchi,Alan Yanovich and Jan Bohanes,Published in 2007 by Cambridge University Press.
l Trade Remedy Issues: the Case of China, in The WTO Trade Remedy System: East Asian Perspectives, Edited by Mitsuo Matsushita, Dukgeun Ahn and Tain-Jy Chen, Published in 2006 by Cameron May Ltd.
l China as a WTO Member First Two Years, in WTO and East Asia: New Perspectives, Edited by Mitsuo Matsushita and Dukgeun Ahn, Published 2006 by Cameron May Ltd.
l “Comments on the First WTO Copyright Case: US - Section 110(5) Copyright Act Case”, in China WTO Tribune, (2007) 6.
l “Does the Panel have Jurisdictional Discretion – Comments on Mexico – Taxes on Soft Drinks Case”, in China WTO Tribune, (2007) 4.
l “International Trade and the Nationality of Products – Comments on US – Textiles Rules of Origin Case”, in China WTO Tribune, (2007) 3.
l “The Future Development Trend of GM Products Trade – Comments and Outlook on the First WTO GM Products Case”, China WTO Tribune, (2006) 12.
l “Can Zeroing be Applied in the Case of T-to-T – Revisiting US – Softwood Lumber Case” ,China WTO Tribune,(2006) 11
l “Comments on US – Gambling Case”, China WTO Tribune, (2006) 10.
l “Revisiting the Issue of Zeroing in Antidumping – US – Softwood Lumber Case”, China WTO Tribune, (2006) 8/9.
l “Debates on Zeroing in Antidumping – EC - Bed Lien Case”, China WTO Tribune, (2006) 7.
l “Sunset Review in the Antidumping Agreement As Seen from Cases”, China WTO Tribune., (2006) 6.
l “Evaluation of Injury in Antidumping Measures – Analysis on Article 3 of the Antidumping Agreement (Cont’d)”, China WTO Tribune, (2006) 5.
l “Evaluation of Injury in Antidumping Measures – Analysis on Article 3 of the Antidumping Agreement”, China WTO Tribune, (2006) 4.
l “Burden of Proof: The transmission Chain for the DSU Operation”, China WTO Tribune, (2006) 3.
l “Analysis on the Cause and Effect of Safeguard Measures”, China WTO Tribune, (2006) 1/2.
l “The Threshold for Implementing Safeguard Measures – Unforeseen Developments”, China WTO Tribune, (2005) 12.
l “The Safety Valve of Free Trade – Safeguard Measures”, in China WTO Tribune, (2005) 11.
l “On the Export Credit Guarantee Disciplines of the WTO– With Comments on US – Upland Cotton Case (Cont’d)”, in China WTO Tribune, (2005) 10.
l “On the Export Credit Guarantee Disciplines of the WTO– With Comments on US – Upland Cotton Case”, in China WTO Tribune, (2005) 9.
l “Demystifying the Actionable Subsidy Disciplines – With Comments on US – Upland Cotton Case”, in China WTO Tribune, (2005) 8.
l “Interaction between Unilateralism and Multi-lateralism–Comments on EC– Commercial Vessels Case”, in China WTO Tribune, (2005) 7.
l “What is the Consultation under the DSU – The Debates and Ruling on the Statement of Available Evidence in US - FSC Case”, in China WTO Tribune, (2005) 6.
l “Central Pillar of the Multi-lateral Trading System – 10 Years of the WTO DSM and Its ‘Close Touch’ with China”, in China WTO Tribune, (2005) 5.
l “How the WTO ‘Court’ Works”, in China WTO Tribune, (2005) 4.
l Arbitration of Foreign Investment Dispute in China, Presentation at 17th ICCA Conference 16-18 May 2004, Published by 17th ICCA (International Council for Commercial Arbitration) Conference in 2004.
l Selected Legal Issues in Trade: China as a WTO Member in the First Two years, as a chapter of the book WTO and East Asia, Published by Cameroon May Press in 2004 in English.
l Improving the Rules of Law, to safeguard China’s Open Door Policy, A Commentary on China’s New Foreign Trade Law, Published by International Business Daily in Chinese, December 11, 2003.
l Application of the WTO Agreement in China, a Speech at 18th Biennial Conference of LAWASIA 2003, September 4, 2003.
l Jurisprudence of the WTO, a Chapter in the Book of Law Study for the Fours-Five Year Plan , Published by Law Press in 2002.
l A Study on the WTO Dispute Settlement Mechanism, a Chapter in the Book of Law Study for the Fours-Five Year Plan , Published by Law Press in 2002.
l Actively Responding to Anti-dumping Actions Abroad, published in QiuShi, 2001, 22 in Chinese.
l Understanding the WTO Dispute Settlement Mechanism, published in Foreign Trade Journal, 2001 in Chinese.
l Preface to the Book of WTO Cases and Analysis by Pro. Han Liyu, Published by China Renmin University Press in 2001 in Chinese.
l Perfection and Positive Administration of China’s Rules of Origin on Goods , published in International Trade Journal , 2000 in Chinese and obtained Second Prize in China foreign trade research awards and Third Prize in An Zijie International Trade Research Awards, Feb. 2001
l The New Contract Law in the People’s Republic of China and The Unidroit Principles of International Commercial Contracts: A Brief Comparison, published in Uniform Law Review, NS-Vol. V March, 2000
l Agency Under the New Contract Law of the People’s Republic of China, Uniform Law Review, UNIDROIT VS-Vol.V.March. 2000. (English Version)
l Agency Provisions in China’s New Contract Law, published in 1999 in the Journal of International Trade in Chinese
l Function & Significance of WTO, published in 1997, in the journal of International Trade in Chinese.
l The New Trend of Anti-Dumping after Uruguay Round Negotiation, published in 1994 in the Journal of International Trade in Chinese.
l Principles of Interpretation of a Uniform Law and functions of Travaux Preparatoires, Commentaries and Case Collections for Interpretation of A Uniform Law, A Speech at the Uniform Commercial Law in the Twenty-First Century, Proceedings of the Congress of the United Nations Commission on International Trade Law. New York, 18-22 May 1992, Published by United Nations, New York 1995.
l Historical Development of The Legal System on China’s Foreign Trade, Chapter Four of Modern China’s Foreign Trade, Published by Modern China Press in 1992 in Chinese.
l International Rules on Subsidy and Countervailing Duty under the WTO, published in 1994 in the Journal of International Trade in Chinese.
l Most-Favoured-Nation-Treatment and Sino-U. S. Economic & Trade Relationship, published by China Legal Daily on September 28 1992.
l Introduction of GATT, published in 1992 in Chinese.
l An Introduction and Comment on Section 301 of the U. S. Trade Law, published in 1992 in the Journal of International Trade in Chinese.
l Legal Bases and Measures for Import Control within the Framework of GATT, published in 1992 in Chinese.
l International Joint Ventures in the People’s Republic of China, as Chapter Four of the Book Joint Ventures with International Partners, Editored by James A. Dobkin & Jeffrey A. Burt, Published by Butterworth Legal Publishers in 1991 in English.
l The Economic Impact of Dumping, published in 1991 in the Journal of International Trade in Chinese.
l Face up to the Antidumping Investigations and Measures from Foreign Countries, published in 1991 in the Journal of International Trade in Chinese.
l Law and Practice on Government Procurement, Published in 1991, in the Journal of International Business and Economics Tribunal in Chinese.
l Historical Sources and Differences of Western Antidumping Laws, published in 1990 in the Journal of International Trade in Chinese.
l Like Bamboo Shoots After a Rain: Exploiting the Chinese Law and New Regulation on Sino-foreign Joint Ventures （Northwestern Journal of International Law & Business 1987）
l China’s Foreign Economic Contract Law: Its Significance and Analysis （Northwestern Journal of International Law & Business 1987）
l An Introduction to the International Institute for Unification of Private Law(UNIDROIT), an article in the Book of Chinese Yearbook of International Law (1985), Published by China Foreign Translation Publishing Co. in 1985
TRANSLATIONS
l UNIDROIT Principles of International Commercial Contracts to be published by China Commerce and Trade Press in Jan, 2005.
l The Jurisprudence of GATT and WTO , a Book Written by John H. Jackson , Editor in Chief in Translation, published in 2002, Xinhua Press.
l Legal Guide on International Franchising by International Institute for Unification of Private Law (UNIDROIT), Editor in Chief, Publish by Law Press in 2002 in Chinese.
l Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1947, Published by Fa Xue Yi Cong in 1991.
l Convention on Agency in the International Sale of Goods, Published by Fa Xue Yi Cong in 1985.
l Convention on Product Liability adopted by .European Economic Communities (1977), Published by Fa Xue Yi Cong in 1984.
l Convention on the Applicable Law to the Product Liability, adopted by the Hague Conference (1973), Published by Fa Xue Yi Cong in 1984.
l Article 7: Interpretation of Chapter II: General Provisions of the Book: Uniform Law for International Sales under the 1980 United Nations Convention, written by John O. Honnold, Published by Fa Xue Yi Cong in 1984.
l Convention on the Applicable Law to Agency, adopted by the Hague Conference in 1978, Published by Fa Xue Yi Cong in 1984.
