Prof. Shan Wenhua graduated as a PhD from Trinity College, University of Cambridge. He currently works as Yangtze River Chair Professor of International Economic Law (by Ministry of Education, China), and the Dean of both the School of Law and the School of International Education, Xi'an Jiaotong University.
Prof. Shan's main field is international and comparative law, particularly commercial, investment, trade and arbitration laws. He has published over a dozen books by leading English and Chinese publishers including Oxford University Press, Cambridge University Press and numerous articles in journals such the European Journal of International Law and American Journal of Comparative Law.
As a "State Specially Recruited Expert" and "State Council Special Allowance Expert" selected and recognized by the Central Government of China, Conciliator of the International Centre for the Settlement of Investment Disputes (ICSID), Arbitrator of China International Economic and Trade Arbitration Commission (CIETAC), Professor SHAN has practiced international and Chinese laws since 1992. He has led a team to provide comprehensive support for the Chinese government on certain key investment treaty negotiations, and for CIETAC in the drafting of the CIETAC International Investment Arbitration Rules. He also frequently advises foreign governments, international organizations, and transnational corporations on international investment, trade and arbitration matters.
Professor Shan is Senior Fellow at the Lauterpacht Centre for International Law at the University of Cambridge, UK; a Titular Member of the International Academy of Comparative Law (IACL, The Hague); a Member of the American Law Institute. He is the founding Editor-in-Chief of The Chinese Journal of Comparative Law (OUP); Editor-in-General of the "China and International Economic Law Series" (Hart) and "Silk Road Studies in International Economic Law" (MartinusNijhoff/BRILL); and a Member of the Advisory Editorial Board of the ICSID Review: Foreign Investment Law Journal (OUP). He is also an Expert of the WEF/ICTSD E15 Task Force on Investment Policy, an International Advisor for the Fourth Restatement of the U.S. Foreign Relations Law, and a Core Adviser for the IBA Subcommittee on Investment Treaty Arbitration. Within China, he is the Executive President of the China International Investment Arbitration Forum (CIIAF), Vice President of the Chinese Society of International Economic Law (CSIEL); and an Executive Councilor of the Chinese Society of International Law. He also serves as the President of the Shaanxi Province Commission for the Selection and Disciplining of Judges and Prosecutors, Vice President of the Shaanxi Province Law Society.
Professor Shan is a frequent speaker and has talked at the WTO Public Forum (Investment Facilitation), European Parliament (Testimony on EU-China investment treaty), International Congress of Comparative Law (General Report on the Protection of Foreign Investment), International Congress of Commercial Arbitration (investment treaty reform), Energy Charter Ministerial Conference (ISDS Reform), UNCTAD/APEC Regional IIA Training Course, Eastern Economic Forum, among others.
I. EDUCATION
Ph.D., 2004, Trinity College, University of Cambridge
Ph.D., 1996, Xiamen University, China
Master of Economics (M. Econ.), 1994, Jinan University, China
BA in Law, 1991, Zhongshan (Sun Yet-Sen) University
II. ACADEMIC EXPERIENCE
2017-present, Vice President, Judicial Case Academy, The Supreme People's Court, PR China (secondment);
2016-present, Assistant President & Dean of the School of International Education, Xi'an Jiaotong University;
2015-2017, Professor of Law, Faculty of Law, University of New South Wales (UNSW) (part-time);
2013-present, Senior Fellow, Lauterpacht Centre for International Law, University of Cambridge;
2008-present, Founding Dean and University Chair Professor of International Law, Xi’an Jiaotong University School of Law;
2005-2007, Dean of the College of Humanities and Social Sciences and University Tengfei Chair Professor of International Law, Xi’an Jiaotong University;
2002-2013, Professor of International Law, Oxford Brookes University (since October 2007, Reader 2006-2007, Senior Lecturer 2004-2006, Lecturer 2002-2003, part-time since 2011);
1998-1999, Visiting Fellow, Lauterpacht Research Centre for International Law, University of Cambridge;
1998-1999, Associate Professor of Law, Xiamen University School of Law;
1996-1998, Lecturer of Law, Xiamen University School of Law.
III. RESEARCH FIELDS
International and Comparative Law, with a focus on investment, trade and arbitration laws.
IV. HONOURS
“State Council Special Allowance Expert”, selected and conferred by the State Council (the Executive branch of the Chinese Government), 2008.
V. MAJOR PROJECTS
1. “Drafting the CIETAC Investment Arbitration Rules”, commissioned by the China International Economic and Trade Arbitration Commission (CIETAC), Project Leader and Principal Investigator, 2017.
2. “Studies on the Construction of the Silk Road Economic Belt”, MOE Most Significant Project, Project Leader and Principal Investigator, 2014-2017.
3. “Expert Evaluation of Key Issues Involved in the China-USA BIT Negotiations”, MOFCOM, Project Leader and PI, 2014-2017.
4. “Studies on the Facilitation of Trade and Investment of the Silk Road Economic Belt”, Project Leader and Principal Investigator, 2014-2015.
5. “Studies on the US Model BIT 2012”, MOFCOM project, 2012-2013, Project Leader and Principal Investigator.
6. “Interpretation of Core Provisions of Bilateral Investment Treaties”, State Social Sciences Fund Research Project, Project Leader and Principal Investigator, 2010.
7. “Legal System for the Promotion and protection of Overseas Chinese Investment”, State Social Sciences Fund Most Significant Research Project, Project Leader and Principal Investigator for the sub-project on “Legal Issues of Chinese Overseas Resources Investments”, 2009.
8. “The Restructuring of International Economic Order after the Global Financial Crisis and the Chinese Countermeasures”, Ministry of Education Most Significant Research Project, Project Leader and Principal Investigator for sub-project “Global Financial Crisis and the Recent Changes and Trends in International Investment Treaty System”, 2009.
9. “Legal Issues of China’s Overseas Investment and Cooperation Projects in Energy Sectors”, Ministry of Justice State Research Project, Project Leader and Principal Investigator, 2008 (Project No. SFB2049).
10. “Studies on Foreign Investment Laws in the EU” (1998-1999), an International Collaborative Research Project with the Lauterpacht Research Centre of International Law (LRCIL) at University of Cambridge, EU-China Higher Education Cooperation Programme (Contract A4 10209/98), 7,000 ECU, project leader and principal researcher.
11. “Studies on the Legal Issues of the National Treatment and Market Access for Foreign Investment”, entrusted by the Ministry of Education of the Chinese Government (1998-2000), project leader and principal researcher.
VI. MAIN PUBLICATIONS
1. MONOGRAPH
1) Peter Van den Bossche & Wenhua Shan, The Law and Policy of the World Trade Organization (Chinese edition, Law Press China 2018)
2) Wenhua Shan (with assistance by Peng Wang), Report on the Compatibility of the Chinese Laws and Regulations with Provisions of the Energy Charter Treaty, Energy Charter Secretariat, 2015.
3) Wenhua Shan et al, The International Legal Protection of Chinese Overseas Energy and Resources Investments (in Chinese), Tsinghua University Press 2014.
4) Wenhua Shan, Chinese Investment Treaties: Policy and Practice, (with Norah Gallagher, Oxford University Press, 602 pages, March 2009)
5) Wenhua Shan, Legal Issues of EU Investment in China: Deconstruction and Reconstruction, Law Press, China, 2007, 335 pages. (in Chinese)
6) Wenhua Shan, The Legal Framework of EU-China Investment Relations: A Critical Appraisal, Hart Publishing (Oxford), October 2005, 377 pages excluding preliminaries.
7) Wenhua Shan, International Trade Law, Volumes I and II, Peking University Press, 2000, 1147 pages excluding preliminaries (in Chinese).
2. EDITED COLLECTION
1) Wenhua Shan, Kimmo Nuotio, Kangle Zhang (eds.), Normative Readings of the Belt and Road Initiative: Road to New Paradigms, Springer 2018.
2) Александр Молотников, Шань Вэньхуа, Правовые основы бизнеса в Китае, Ответственные редакторы, 2018.
3) Wenhua Shan’s Essay on International and Comparative Law (Volumes 1-3), Law Press China, 2016
4) Qiao Liu & Wenhua Shan (ed.), China and International Commercial Dispute Resolution (Vol. 2 of the Silk Road Series in International Economic Law), BRILL/NIJHOFF 2016.
5) Wenhua Shan (ed.), China and International Investment Law: 20 Year of the ICSID Membership (Vol. 1 of the Silk Road Series on International and Comparative Law), Brill (Martinus Nijhoff）2015.
6) Wenhua Shan (eds.), Financial Crisis and European Legal Transformation (in Chinese), Law Press China 2014.
7) Wenhua Shan (ed.), Legal Protection of Foreign Investment: A Comparative Study, Hart Publishing (2012).
8) Wenhua Shan, Penelope Simons and Dalvinder Singh (ed.), Redefining Sovereignty in International Economic Law, Hart Publishing (480 pages, 2008).
3. TRANSLATION (English to Chinese)
1) Wenhua Shan et al, Lawless World (by Philippe Sands, 324 pages, published by Penguin), People’s Press, 2011.
2) Wenhua Shan & CAI Congyan, EC Commercial Law (by A. Santa-Maria, originally published by Kluwer Law International), Peking University Press, 490 pages (book proof) in press, Sept. 2007.
3) Wenhua Shan et al, The World Trade Organization (WTO)----Trading into Future (edited by the WTO Secretariat), Peking University Press, 1997, 308 pages.
4. MAJOR REFERRED ARTICLES
1) Wenhua Shan, Investor-State Dispute Settlement (ISDS) Reform: A Chinese Perspective, American Journal of International Law, 2018 (invited contribution, forthcoming)
2) Wenhua Shan & Peng Wang, A Matrix Analytical Framework for Investment Disputes and their Settlement, ICSID Review (OUP), 2018-10. (forthcoming)
3) Wenhua Shan (with comments by Gary Hufbauer and Tyler Moran), Toward a Multilateral or Plurilateral Framework for Investment. E15 Initiative. Geneva: International Centre for Trade and Sustainable Development (ICTSD) and World Economic Forum, 2015.
4) Wenhua Shan, Lu Wang, The China–EU BIT and the Emerging "Global BIT 2.0", ICSID Review, Vol. 30, No. 1 (2015), pp. 260–267.
5) Wenhua Shan, Feldman Mark, Introduction – “The Pacific Rim and International Economic Law: Opportunities and Risks of the Pacific Century”, Transnational Dispute Management 1, 2015.
6) Wenhua Shan & Lu Wang, The China-EU BIT: The Emerging Global BIT 2.0?, Columbia FDI Perspectives (Columbia University), No 128, 18 August 2014.
7) Wenhua Shan and Sheng Zhang, Market Access Provisions in the Potential EU Model BIT: Towards a “Global BIT 2.0”? The Journal of World Investment and Trade, Vol. 15, No.3, 2014.
8) Wenhua Shan, Legal Education in China: The New “Outstanding Legal Personnel Education Scheme” and Its Implications, Legal Information Management (Cambridge University Press), Vol 13 No 1, 2013 at pp. 10- 25.
9) Wenhua Shan and Sheng Zhang, "An Evaluation of the New US Model BIT and Its Acceptability", Modern Law Review (Chinese), No 5 2013.
10) Wenhua Shan and Lu Wang, “Investment Definition under the US Model BIT and the Chinese Approaches”, Chinese Journal of International Economic Law, No 3 2013.
11) Wenhua Shan, Norah Gallagher, Sheng Zhang, National Treatment and Foreign Investment in China: A Changing Landscape, ICSID Review: Foreign Investment Law Journal (OUP), Spring 2012.
12) Wenhua Shan, Survey Report on the Legal Issues Involved in Chinese Overseas Investment in Resources and Energy Sectors", Chinese Journal of International Economic Law, 2012 Vol. 19 No 2.
13) Wenhua Shan, Sheng Zhang, FDI in China and the Role of Law: An Empirical Approach, The Journal of World Investment and Trade, Vol 12, August 2011, NO 4, pp. 457-486.
14) Wenhua Shan, Towards a Balanced Liberal Investment Regime: General Report on the Protection of Investment for the International Congress of Comparative Law 2010 Washington DC, ICSID Review: Foreign Investment Law Journal, Fall 2010, pp. 421-497.
15) Wenhua Shan, Sheng Zhang, The Treaty of Lisbon: Halfway toward a Common Investment Policy, European Journal of International Law, 2010 No. 4.
16) Wenhua Shan, Umbrella Clause and Investment Contracts under Chinese BITs: Are the Later Covered by the Former? Journal of World Investment and Trade, 2010, No. 2.
17) Wenhua Shan, Towards a Harmonious Chinese Model BIT, Chinese Journal of International Economic Law (in Chinese), 2010, No.1.
18) Wenhua Shan, Commentary on Metalclad Corp v Mexico, Award, Ad hoc—ICSID Additional Facility Rules, ICSID Case No ARB(AF)/97/1; Oxford University Press (OUP) Oxford Reports on International Law- IIC 161 (2000); Investment Claims- IIC 161 (2000).
19) Wenhua Shan, Commentary on Metalclad Corp v Mexico, Review by the supreme court of British Columbia, ICSID Case No ARB(AF)/97/1; Oxford University Press (OUP) Oxford Reports on International Law- IIC 162 (2001); Investment Claims- IIC 162 (2001).
20) Wenhua Shan, Commentary on Metalclad Corp v Mexico, Supplementary reasons for judgment, 2001 BCSC 1529; Oxford University Press (OUP) Oxford Reports on International Law- IIC 163 (2001); Investment Claims- IIC 163 (2001).
21) Wenhua Shan, N Gallagher and S Zhang, Overview of Bilateral Investment Treaties: China (including over 100 Commentaries on each BIT), Oxford University Press (OUP) Investment Claims: IC-OV 6 CN (2008).
22) Wenhua Shan, Is Calvo Dead? 55 American Journal of Comparative Law 123, May 2007.
23) Wenhua Shan, From “North-South Divide” to “Private-Public Debate”, 27 Northwestern Journal of International Law and Business, No. 3 (Spring 2007).
24) Wenhua Shan, EU Enlargement and the Legal Framework of EU-China Investment Relations, 6 The Journal of World Investment & Trade (formerly known as The Journal of World Investment, Geneva) 2, April 2005, pp. 237-262.
25) Wenhua Shan, The International Law of EU Investment in China, Chinese Journal of International Law (an OUP journal in association with the Chinese Society of International Law, Oxford), 2002, Vol.1, No. 2, pp. 555-614.
26) Wenhua Shan, Towards a Level Playing Field of Foreign Investment in China, 3 The Journal of World Investment (Geneva) 2, April 2002, pp. 327-344.
27) Wenhua Shan, Towards a Common European Community Policy on Investment Issues, 2 The Journal of World Investment (Geneva) 3, September 2001, pp. 603-625.
28) Wenhua Shan, Towards a New Legal Framework for EU-China Investment Relations, 34 Journal of World Trade 5, October 2000, pp. 137-179.
5. BOOK CHAPTERS
1) Wenhua Shan & Lu Wang, The Definition of "Investment": Recent Developments and Lingering Issues, in Jean Kalicki and Mohamed Abdel Raouf (General Editors), ICCA Congress Series No. 20, “Evolution and Adaptation: The Future of International Arbitration” (Wolters Kluwer, 2019)
2) Wenhua Shan & Peng Wang, Divergent Views on State Immunity in the International Community, in Tom Guys & Nicolas Angelet (eds.), Cambridge Handbook on Immunity and International Law, Cambridge University press 2018.
3) Wenhua Shan and Hongrui Chen, The China-US BIT negotiations and the Emerging Chinese BIT 4.0, in Chin Leng Lim (ed.), Alternative Visions in the International Law on Foreign Investment: Essays in Honour of M. Sornarajah, Cambridge University Press, 2015.
4) Wenhua Shan and Sheng Zhang, The Potential EU-China BIT: Issues and Implications, in Marc Bungengerg et al (eds.), European Union and Investment Agreements: Open Questions and Remaining Challenges, Hart/NOMOS, 2013.
5) Wenhua Shan, China and International Investment Law, in Leon Trakman and Nicola Ranieri (eds.), Regionalism in International Investment Law, OUP, 2013.
6) Wenhua Shan, Norah Gallagher, Chinese Model BITs, in Chester Brown et al (eds), Commentaries on Selected Model Investment Treaties, OUP 2013.
7) Wenhua Shan, “Redefining the Chinese Concept of Sovereignty”, in Wang Gungwu and Zheng Yongnian (eds.), China and the New International Order (Routledge, 2008).
8) Wenhua Shan, “Calvo Doctrine, State Sovereignty and the Changing Landscape of International Investment Law”, in Wenhua Shan et al (ed.), Redefining Sovereignty in International Economic Law, Oxford hart Publishing 2008.
VII. MAIN ACADEMIC POSITIONS & SOCIAL WORK
1. Senior Fellow, Lauterpacht Centre for International Law, University of Cambridge
2. Conciliator, International Center for the Settlement of Investment Disputes (ICSID), designated by the Chinese Government
3. Member, American Law Institute
4. Titular Member, International Academy of Comparative Law
5. Expert Member, International commercial expert committee of the SPC
6. Member, Foreign-related Commercial and Maritime Trial of the SPC
7. Advisory Expert, Shaanxi Provincial Party Committee, Political and Legal Affairs Committee
8. Legal Adviser, The People’s Government of Shaanxi Province, Xi’an
9. Advisor, IBA Core Advisory Group for Sub-Committee on Investment Treaty Arbitration
10. Member, Executive Council of the Asian Society of International Law (AsianSIL)
11. Member, Executive Council of the Chinese Society of International Law (ChineseSIL)
12. Vice President, Chinese Society of International Economic Law (CSIEL)
13. Arbitrator, China International Economic and Trade Arbitration Commission (CIETAC), Beijing
14. Vice President, Law Society of Shaanxi Province
VIII. CONTACT
Email Address: shan@mail.xjtu.edu.cn
Personal Webpage: http://gr.xjtu.edu.cn/web/shan