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Shin-yi Peng is Distinguished Professor of Law & Vice President for Global Affairs at National Tsing Hua University (NTHU). Professor Peng specializes in international economic law, with a focus on trade in services, digital trade and technology governance. She has been the recipient of top research awards, including Outstanding Research Awards from the National Science and Technology Council of Taiwan. She is a frequent speaker at academic conferences and has spoken at international organizations including the WTO, APEC and OECD. Her recent articles, among others, are: “The Uneasy Interplay between Digital Inequality and International Economic Law” (European Journal of International Law, 2022) and “Digital Economy and National Security: Contextualizing Cybersecurity-Related Exceptions” (AJIL Unbound, 2023). Her recent book is International Economic Law in the Era of Datafication (Cambridge University Press, 2024).
Before joining the NTHU, Professor Peng has taught Chinese business law at the University of Wisconsin Law School, where she received her S.J.D. degree. Professor Peng has served as the Director of the Institute of Law for Science and Technology (2007-2012) and also as the Associate Dean of the College of Technology Management (2016-2019) at NTHU. She has previously held visiting positions at several institutions including the Georgetown Law’s Institute of International Economic Law (IIEL) and has taught as a visiting professor at the Faculty of Law of Maastricht University. She is currently a Senior Fellow at the Melbourne Law School and has taught International Economic Law and Digital Trade in the Melbourne Law Master’s program.
Professor Peng is a former commissioner of the National Communications Commission of Taiwan (2012-2016). She frequently serves in an advisory and consultative capacity to the government, corporations and nongovernmental organizations. She is a member of New York Bar, a member of the Indicative List of governmental and nongovernmental panelists to hear WTO disputes, and a member of the roster of arbitrators under the Free Trade Agreement between Taiwan and Singapore. She is included in the List of Candidates Suitable for Appointment as Chairpersons for Arbitrations and TSD experts in bilateral disputes under the EU’s trade agreements with third countries.
Professor Peng has served on the Executive Council (2012-2020) and as Executive Vice President (2016-2020) of the Society of International Economic Law (SIEL). She is a founding Steering Committee Member of the Asian International Economic Network (AIELN), a founding Steering Committee Member of the Jean Monnet Network in Trade and Investment in Services Associates (TIISA), and a member of the Asian WTO Research Network (AWRN). She authored the case for the 6th ELSA WTO Moot Court Competition (now the John H. Jackson Moot Court Competition). She is currently an Editorial Board Member of the World Trade Review, Asia Pacific Law Review, and the Journal of World Investment & Trade.
Representative Publications
2024
International Economic Law in the Era of Datafication, Cambridge International Trade and Economic Law Series, Cambridge University Press. (monograph)
2023
Levelling the Playing Field between Sharing Platforms and Industry Incumbents: Good Regulatory Practices? in Anupam Chander and Haochen Sun (eds) Data Sovereignty: From the Digital Silk Road to the Return of the State. (Oxford University Press) Chapter 7.
Cybersecurity and Trade Governance, in Julien Chaisse & Cristián Rodríguez-Chiffelle (eds) The Elgar Companion to the World Trade Organization. (Edward Elgar) Chapter 3.
National Implementation of International Economic Law: Taiwan, in Krista Nadakavukaren Schefer and Thomas Cottier (eds) Elgar Encyclopedia of International Economic Law, Expanded Edition. (Edward Elgar, forthcoming) (with Tsai-fang Chen and Alex Yueh-Ping Yang) (Edward Elgar, forthcoming)
Digital Economy and National Security: Contextualizing Cybersecurity-Related Exceptions, AJIL Unbound (Cambridge University Press), Volume 117, 122-127.
2022
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) Chapter 29.
The Uneasy Interplay between Digital Inequality and International Economic Law, European Journal of International Law (Oxford University Press), Volume 33, No. 1, 205-235.
2021
Autonomous Vehicle Standards under the TBT Agreement: Disrupting the Boundaries? in Shin-yi Peng, Ching-Fu Lin and Thomas Streinz (eds) Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration (Cambridge University Press) Chapter 6.
Artificial Intelligence and International Economic Law: A Research and Policy Agenda, in Shin-yi Peng, Ching-Fu Lin and Thomas Streinz. (eds) Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration (Cambridge University Press) Chapter 1. (with Ching-Fu Lin and Thomas Streinz )
2020
A New Trade Regime for the Servitization of Manufacturing: Rethinking the Goods-Services Dichotomy, Journal of World Trade, Volume 54, Issue 5, 699-726.
2019
The Rule of Law in Times of Technological Uncertainty: Is International Economic Law Ready for Emerging Supervisory Trends? Journal of International Economic Law (Oxford University Press), 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 (Oxford University Press), Volume 18, Issue 2, 449-478.
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 and Bryan Mercurio (eds) International Economic Law after the Crisis: A Tale of Fragmented Disciplines (Cambridge University Press) Chapter 10, 237-262.
2000-2014
Regulating New Services through Litigation? Electronic Commerce as a Case Study on the Evaluation of Judicial Activism in the WTO, Journal of World Trade, Volume 48, Issue 6, 1189-1222 (2014).
Is the Trade in Services Agreement (TISA) a Stepping Stone for the Next Version of GATS? Hong Kong Law Journal, Volume 43, Part 2, 611-632 (2013).
Renegotiate the WTO Commitments? Technological Change and Treaty Interpretation, Cornell International Law Journal, Volume 45 Number 2, 403-430 (2012).
Regulating Wireless Communications Towers: Taiwan’s Experience in Comparative Perspective, Columbia Journal of Asian Law, Volume 22, Number 2, 258-280 (2009).
Liberalization of Trade in Television Services: The Negotiation Dilemma and Challenges for the Future, Journal of World Trade, Volume 43, Issue 4, 657-682 (2009).
How Much Time is Reasonable?: The Arbitral Decisions under Article 21.3(c) of the DSU, Berkeley Journal of International Law, Volume 26, Issue 1, 323-351 (2008).
Trade in Telecommunications Services: Doha and Beyond, Journal of World Trade, Volume 41, Issue 2, 293-318 (2007).
Multilateral Disciplines on Services Procurement: Architectural Challenges under GATS, Journal of World Investment & Trade, Volume 7, Issue 6, 975-996 (2006).
Privacy and the Construction of Legal Meaning in Taiwan, International Lawyer, Volume 37, Issue 4, 1037-1054 (2003).
Universal Telecommunications Service in China: Trade Liberalization, Subsidy, and Technology in the Making of Information Equality in the Broadband Era, 4 Asian-Pacific Law & Policy Journal 21-49 (2003).
The WTO Legalistic Approach and East Asia: From the Legal Culture Perspective, 1 Asian-Pacific Law & Policy Journal 13-48 (2000).
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