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Shin-yi PENG
Distinguished Professor of Law
National Tsing Hua University




Biography     

Shin-yi Peng is Distinguished Professor of Law at National Tsing Hua University (NTHU). She is a former commissioner of the National Communications Commission of Taiwan (2012-2016). She served as the Associate Dean of the College of Technology Management (2016-2019) and the Director of the Institute of Law for Science and Technology (2007-2012) at NTHU. Before joining the NTHU, Professor Peng has taught the course “Legal Aspects of Doing Business with Greater China” at the J.D. program in University of Wisconsin Law School, where she received her S.J.D. degree. Member of the New York Bar, she was an intern at George, Hull, Porter & Kohli in Seattle, Washington. Her research focuses on international economic law, with a particular emphasis on trade in services. She was a Visiting Fellow at Georgetown Law's Institute of International Economic Law (IIEL) and a Visiting Professor at the Faculty of Law of Maastricht University. Her recent articles include, among others, A New Trade Regime for the Servitization of Manufacturing: Rethinking the Goods-Services Dichotomy” (Journal of World Trade, 2020 forthcoming), and The Rule of Law in Times of Technological Uncertainty: Is International Economic Law Ready for Emerging Supervisory Trends?” (Journal of International Economic Law, 2019). She has spoken at the WTO Headquarters in Geneva and is a frequent speaker at international conferences. She is the Case Author of the 6th EMC2 (now the John H. Jackson Moot Court Competition). Professor Peng has received a number of awards including Outstanding Research Awards from the Ministry of Science and Technology of Taiwan. She also frequently serves in an advisory and consultative capacity to the Ministry of Economic Affairs, advising the government on trade law and policy issues. She is a member of the Indicative List of Governmental and Non-Governmental Panelists for resolving WTO disputes. Professor Peng also serves as a Steering Committee Member of the Jean Monnet Network in Trade and Investment in Services Associates (TIISA), and is a founding Steering Committee Member of the Asian International Economic Network (AIELN). She was an Executive Council member (2012-2016) and is currently Co-Executive Vice President of the Society of International Economic Law (SIEL).


Selected Publications (in recent 5 years)

2020

  • Digital Trade, in D. Bethlehem, D. McRae, R. Neufeld and I. Van Damme (eds) The Oxford Handbook of International Trade Law, Second Edition. (Oxford University Press, forthcoming) Chapter 30.
  • A New Trade Regime for the Servitization of Manufacturing: Rethinking the Goods-Services Dichotomy, Journal of World Trade, Volume 54, Issue 5. (forthcoming)
  • Autonomous Vehicle Standards under the TBT Agreement: Disrupting the Boundaries? in Shin-yi Peng et al. (eds) Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration (Cambridge University Press, forthcoming) Chapter 6.
2019
  • The Rule of Law in Times of Technological Uncertainty: Is International Economic Law Ready for Emerging Supervisory Trends? Journal of International Economic Law, Volume 22, Issue 1, 1-27. 
  • Determination of Reasonable Period of Time: Dispute Settlement System of the World Trade Organization (WTO)in Hélène Ruiz Fabri (eds) The Max Planck Encyclopedia of International Procedural Law (MPEiPro) (Oxford University Press) 1-17.
2018
  • “Private” Cybersecurity Standards? Cyberspace Governance, Multistakeholderism, and the (Ir)relevance of the TBT Regime, Cornell International Law Journal, Volume 51, Number 2, 445-469.
  • Lessons from the TPP Regulatory Coherence Chapter: The Laws Governing Unsolicited Commercial Electronic Messages as a Case Study, in Shin-yi Peng et al. (eds) Governing Science and Technology under the International Economic Order: Regulatory Divergence and Convergence in the Age of Megaregionals (Edward Elgar) Chapter 4, 64-89.
  • Governing Science and Technology in the Era of Megaregionals, in Shin-yi Peng et al. (eds) Governing Science and Technology under the International Economic Order: Regulatory Divergence and Convergence in the Age of Megaregionals (Edward Elgar) Chapter 1, 3-11. (with Han-wei Liu & Ching-fu Lin)
  • Culture-oriented Mode 4 under ChAFTA: Policy Considerations, in Colin Picker et al. (eds) The China Australia Free Trade Agreement: A 21st-Century Model (Hart Publishing) Chapter 9, 127-146. (with Han-wei Liu & Ching-fu Lin)
2017
  • The Legality of Data Residency Requirements - How Can the Trans-Pacific Partnership (TPP) Help? Journal of World Trade, Volume 51, Issue 2, 183-204. (with Han-wei Liu)
2016
  • The Soft Law Approach to Regulatory Harmonization: Are We Trading Away Privacy for Economic Integration?, in Julien Chaisse et al. (eds) "Liber Amicorum": Mitsuo Matsushita, A Critical Assessment of the International Economic Law and Governance (Oxford University Press) Chapter 20, 328-350.
  • Managing Trade Conflicts in the ICT Industry: A Case Study of EU-Greater China Area, Journal of International Economic Law, Volume 19, Issue 3, 629-656. (with Han-wei Liu)
  • GATS and the Over-the-Top (OTT) Services: A Legal Outlook, Journal of World Trade, Volume 50, Issue 1, 21-46.
2015
  • Cybersecurity Threats and the WTO National Security Exceptions, Journal of International Economic Law, Volume 18, Issue 2, 449-478.
  • Is the Trade in Services Agreement (TiSA) a Stepping Stone for the Next Version of GATS?, in Won-mog Choi (eds) International Economic Law: Asia-Pacific Perspective (Cambridge Scholars Publishing) Chapter 11, 322-351 (This chapter was originally published as an article by Sweet & Maxwell in Hong Kong Law Journal, Volume 43, Part 2, 2013, 611-632.)
  • Standards as a Means to Technological Leadership? -- China’s ICT Standards in the Context of the International Economic Order, in Lisa Toohey et al. (eds) China In The International Economic Order: New Directions And Changing Paradigms (Cambridge University Press) Chapter 9, 128-150. 
  • Emergency Safeguard Measures for Trade in Services: A Case Study of Intra-Disciplinary Fragmentation, in Chin L. Lim et al.(eds) International Economic Law after the Crisis: A Tale of Fragmented Disciplines (Cambridge University Press) Chapter 10, 237-262.