CHINESE NEW YEAR MESSAGE FROM THE FINNISH CHINA LAW CENTER

With the start of the Year of the Ox, the Finnish China Law Center would like to wish a happy Chinese New Year to its Chinese, Nordic and global friends and partners alike.

In the past year, the Centre has significant accomplishments in fostering research and education in Chinese law and legal culture. The Center successfully hosted the China Law Week in 2020, which drew in leading academics from around the world to offer insights and engage in discussions in the current challenges, frameworks and reforms in Chinese law and legal culture. The event particularly strengthened the Center’s collaboration with legal scholars and practitioners from China and other countries in Chinese law.

In the following year, the Centre will continue its work in promoting research and education in Chinese law and legal culture. Additionally, the Center will support research in comparative law involving China and its role in the global economy and international society. The Center will likewise host a number of events and activities such as the Nordic China Law Week 2021, to enhance and develop our friendship and partnership with Chinese and international institutions.

This blog post was written by one of the Center’s interns, Annette Rapo. Annette is from Finland, but did her LL.B in Scotland. She is currently studying in the Global Governance Law master’s programme at the University of Helsinki. She is particularly interested in governance related topics such as economic development and environmental protection.

Interview with Michael Ristaniemi on his dissertation about antitrust – Part II

Michael Ristaniemi, 2019. / © SEPPO SAMULI

This is Part II of the interview with Michael Ristaniemi. In Part I we discussed his background and motivation for the dissertation. In this part we will dive deeper into the actual contents of the dissertation and Michael’s reflection on recent developments in antitrust globally with some comparative thoughts.

Finnish China Law Center: Did anything surprise you as you worked on the thesis? 

Mr. Ristaniemi: To be frank a lot of stuff surprised me and its more of a question what to emphasize. The first clear thing that was interesting to realize is that many things are so interrelated. When you are doing research as a student for your Master’s thesis and then for your PhD you are focusing on a very narrow niche. One major aha-moment for myself was realizing how this niche is really linked to many other areas and how they inter-develop. For instance, one article in my dissertation covered the fact that whatever the major economic powers of the globe think about cooperating really shapes how international competition can develop in practice. For example, the preference of how the US to cooperate bilaterally or multilaterally affects many things globally, including what I covered in my dissertation.

Currently there is a lack of  a strong political will to cooperate multilaterally. In some extent China isn’t representative of that. They have their own multilateral agreements that are outside the ones that we are used to seeing in Western countries. But the trend that is seen generally across international law to patch the lack of political cooperation is the rise of so-called trans-governmental networks. They are not on the political level but rather authorities of different countries cooperating very closely. It has led to technocratic international governance as opposed to political level international law in a way. This in fact has a really strong impact, both positive and negative.

A second memorable point I want to mention is the ignorance of history in competition law. I think most people aren’t aware of the origin of competition law in the EU or the US. Nowadays it has been more about using modern-day economic theory to improve consistency of competition law application. This is important, but there is perhaps something to learn in how competition law started independently in both places (EU and US). Competition law is a response to the allergy towards too much economic and political dominance by companies and was a way to manage that dominance. It is something we are seeing a need for with the digital economy. A lot of the discussions that are being had today in competition law circles wouldn’t be all that different if we go back to the 1950s or even 30s.

Finnish China Law Center: I found the point you made in your thesis:” The EU has taken a much more interventionist approach than the American, or Chinese agencies have towards unilateral conduct of key digital platform firms, such as Amazon, Google, and WeChat” extremely interesting. Could you talk a bit more about China’s position? 

Mr. Ristaniemi: The general trend when I was writing my dissertation was that the EU was sort of the outlier by being interventionist to the extent it has been. Since I have finished my dissertation the US has brought two big lawsuits against both FB and Google, and China has published a draft revision to its anti-monopoly law (the Chinese competition law) and also drafted guidelines concerning the platform economy. Therefore, the tide is changing. I have to say I am not a huge expert on the application of Chinese competition law, but what I can say is that competition law is very new in China. The first competition law was enacted in only 2008. What they have been doing is mostly capacity building since then.

And regarding the huge fines that digital companies have faced in Europe, that is more of an exception than a rule. I can’t say what the reason is for the lenient treatment in China of giant digital companies. Nevertheless, what is clear is that the treatment has indeed been lenient compared to Europe. In the US, the treatment has been lenient because of a differing interpretation of relevant economics, which emphasizes size as a source of efficiency gains that consumers benefit from. The role of personal data is key in digital services.

That’s where you can tie in China. We know that the privacy discussion differs in China. The concept of privacy is different in the Chinese context and that the discussion around human rights, in general, is very different in China compared to the EU or the US. The differing treatment between the Chinese and Europeans may partially be a result of a different appreciation of the concept of personal data privacy, that’s at least a part of it. As I mentioned, in China there are interesting developments now underway during this year. There is going to be something more specific but currently, they are still at the draft guidelines stage for the platform economy and also a draft revision to their relevant competition law, as I mentioned earlier. These changes to the anti-monopoly law would enable their authorities – the SAMR –  to better tackle these huge digital companies.

Finnish China Law Center: You mentioned visiting China University of Political Science and Law, in Beijing during your research and wrote: “I got some important insights into the Chinese perspectives relative to my research”. Could you tell me a bit more about this?

Mr. Ristaniemi: I’ll start with the bigger picture to give some context. Since my theme was international competition law I did try to visit places abroad during my one and half year study leave. I actually managed to stay most of the time of my study leave abroad. I  spent one academic year at University of California, Berkeley after which I was in Brussels as a visiting researcher at Vrije Universiteit Brussel for a few months and then also, as you mentioned, in Beijing at the China-EU Law School.

Beijing was great actually, it was by chance that I noticed the scholarship that was circulated through our law school’s researcher email list. The China-EU Law School is a very interesting institution. It is partially funded by the EU and it’s within the larger university that is only dedicated to political science and law.  I understood it is highly regarded in China and it was a great experience to be part of it.

First of all, just the fact that they had an amazing legal library was great. Although there isn’t that much at the end of the day about Chinese competition law in English, mostly probably because of competition law is relatively new as mentioned earlier. I also enjoyed really good discussions with scholars and law students about their idea of economic law and policy. A highlight was when I got to discuss with, Hao Qian, one of the university’s associate professors who was actually involved in creating the anti-monopoly law in China. She told me about the cooperation that the Chinese had with Americans and Europeans when creating the anti-monopoly legislation. If I recall correctly the law resembles EU competition law on paper more than the US counterpart since Europeans were more willing to assist and provide technical assistance in the preparation phase than the Americans. Of course, how it is enforced and applied varies always country by country. But a very interesting discussions all in as a part of the visit.

Finnish China Law Center: What are you planning on now after the doctoral degree?

Mr. Ristaniemi: Well I work as VP, Sustainability at Metsä Group and  I am continuing with that for the time being. It is a great platform to learn about management and sustainability. I’m also writing and researching related topics in a couple ongoing projects, and I am a collaborator in a project that just received funding from the Academy of Finland on crisis preparedness and the security of supply. To put it all in one sentence: right now the focus is economic law and policy, businesses as societal actors and the practical and academic opportunities there may be relating to these topics. But otherwise, we will see, who knows.

Michael and another PhD student, Juho Saloranta at China-EU School of Law

The interview and report were done by the Center’s intern, Mr. Jakub Pichna. Jakub is a Master’s student at the University of Helsinki’s International Business Law program with a BSc. in Economics and Business Administration from the University of Turku.

Interview with Michael Ristaniemi on his dissertation about antitrust – Part I

Michael Ristaniemi, 2019. / © SEPPO SAMULI

Michael Ristaniemi, currently the VP, Sustainability at Metsä Group, has defended his dissertation titled International Antitrust: Toward upgrading coordination and enforcement on 31 October 2020. Professor Petri Kuoppamäki, a Board member of the Finnish China Law Center was one of the examiners and public opponents. Michael’s dissertation has a very interesting chapter on international antitrust on how the three economic superpowers the USA, the EU, and China approach international antitrust, and the possibility to enhance international cooperation. Therefore, the Center would like to take the opportunity to further discuss the dissertation, Michael’s stay in Beijing at the China University of Political Science and Law and his future plans. In Part I of the interview, Michael’s background and his motivation for writing about antitrust are discussed. Part II will cover the dissertation more concretely.

Finnish China Law Center: Could you tell us a bit about your background?

Mr. Ristaniemi: I am Finnish-American but I have lived most of my life in Finland. I was born and raised in Espoo but then moved to study law at the University of Turku. During my student years, I had a bit of an international mix: I did two semesters abroad, one in California and one in Thailand, and an internship in Washington DC at the law firm Morgan Lewis (previously known as Bingham McCutchen). I focused my studies on business law and since graduating in 2011 I’ve worked in the private sector primarily as an in-house counsel in international Finnish companies. In 2012, quite shortly after I graduated I started a PhD project on the side, and then I took a year and a half study leave to focus on the dissertation which was a great period in between professional working life.

All in all, I would say my legal background is heavily impacted by having worked only in the private sector with commercial law and business law questions.

Finnish China Law Center: Could you tell us about your doctoral research? What is your motivation behind pursuing the topic? 

Mr. Ristaniemi: Besides focusing on business, I have always been interested in societal questions which is an interesting reason to study law in general: you get to study the rules of society and how everything works. From that perspective competition law is great for understanding society because it is essentially the rules of our market economy and the framework within which businesses function.

I started my deep dive into competition law early in my law school career. I wrote my bachelor’s and master’s theses in the realm of competition law so my dissertation was sort of a continuum.

I wrote my Master’s thesis on airline alliances in light of competition law. I found the topic peculiar in its nature; it is a very political sector when you think about it. The airline industry has rules that prevent merging. Without these political rules, there would be a lot fewer airlines in this world. Because airlines can’t merge they cooperate more closely than typical competitors in a more rules-free industry. For instance, airlines agree on pricing on a certain route.

With my dissertation, when mirroring it with what I had learned from my master’s thesis, I felt that this interplay of politics and competition law was a weird situation and it would be interesting to dive deeper into it through more general research. That’s basically how the topic was born. It also got a bit more energy through the work I was doing at Cargotec and then at Metsä Group, which are both international businesses, operating globally in global markets. Through my work, I came to contact with global markets. I could really see the current situation up close: you have many competition laws all around the world and authorities that don’t really cooperate that well. All this happens within a framework of rules that aren’t that consistent in how they are enforced. This creates a burden on businesses and is generally ineffective. I believe my work has a practical impact and is not only an academic consideration.

Michael at his his dissertation defence on 31 October 2020 with Professor Antti Aine (University of Turku) serving as custos and Professor Petri Kuoppamäki (Aalto University) as opponent

The interview and report were done by the Center’s intern, Mr. Jakub Pichna. Jakub is a Master’s student at the University of Helsinki’s International Business Law program with a BSc. in Economics and Business Administration from the University of Turku.

European China Law Studies Association to hold the 15th Annual Conference

When: 24- 26 September 2021

The 15th Annual Conference of the European China Law Studies Association (ECLS) will be hosted by the Polish Research Centre for Law and Economy of China and the University of Warsaw School of Law and Economy of China. Since the ECLS’s main objective is to encourage comparative and interdisciplinary research on Chinese law, the conference will be a platform for scholars and professionals to exchange their ideas about Chinese law and policies. The organizers hope for many contributions in form of papers and presentations on the general topic of China’s legal system and in particular its recent development.

Although there is no strict specification on the choice of topic, the organizers especially welcome submissions that concern the following themes:

  • Blockchain, big data & artificial intelligence in China
  • Sino-US trade war and its legal implications for Europe
  • Legal aspects of the Belt and Road Initiative
  • Codification of Laws in China
  • Rule of Law and Chinese Constitutionalism
  • Chinese and Comparative Labour Law
  • Legal Issues of Poland-China Relations
  • Chinese law and society
  • China’s new structure of Party and state
  • National supervision law and the new supervisory mechanism
  • New developments in China’s judicial reforms
  • China in the international legal order.

Call for abstracts:

The ECLS welcomes the submission of abstracts/ papers for presentation, as well as proposals for full panel sessions. Both abstracts (max. 300 words) and proposals for panel sessions (max.1000 words) should include the title of the paper; name, institution, and email address of the author(s); and up to five keywords. Proposals for panel sessions should furthermore include abstracts of all proposed papers as well as a short integrative statement explaining the theme of the panel (all in one document).

Proposals for panels on recently published books are welcomed as well and are required to include a short explanation of the book’s importance and brief biographies of the participants.

Alternate formats of presentation as well as the participation of young researchers are also encouraged.

Proposals should be submitted online; the submission form can be found here: http://chinalaw.wpia.uw.edu.pl/ecls-annual-conference/. All proposals will be subject to peer-review by the organizing committees. The deadline for submissions of abstracts and panel proposals is 30 May 2021, and the deadline for submission of full papers is 6 September 2021.

All questions and suggestions can be addressed to eclswarsaw@wpia.uw.edu.pl.

This blog post was written by one of the Center’s interns, Johanna Fähnrich. Johanna is an exchange student from Germany. She will be studying law at the University of Helsinki until next summer and recently joined the team of the China Law Center because she is interested in learning about different legal systems and comparing them to each other.

Conference on China´s Rise/Asia´s Responses

When: 10-11 June 2021

The 15th Biennial Conference of the Nordic Association for China Studies (NACS) and Nordic Institute of Asian Studies (NIAS)’s 14th Annual Nordic NIAS Council Conference will be organized as a joint virtual conference named “China´s Rise/Asia´s Responses”. The theme of the conference is broad and interdisciplinary. The conference seeks understanding about China´s rising influence in Asia and responses to that by different Asian countries. One of the topics of the conference is Politics and Law so legal researchers are welcomed to participate. Participants can share findings about the occurring and perception of China´s rise and reactions by different Asian states and social actors. The organizers are particularly hoping for interdisciplinary approaches.

The online conference will include keynotes, panels, roundtables and possible other formats, for which suggestions are welcome. Self-organized panels are strongly encouraged. Informal discussions and networking are not to be forgotten either. Participants can be scholars and doctoral candidates in social sciences and humanities. Keynote speakers of the conference include Professor of International Relations, William A. Callahan from London School of Economics, Associate Professor Camilla T. N. Sørensen from Royal Danish Defence College, and Professor Mette Halskov Hansen from University of Oslo.

Call for abstracts: The organizers are inviting proposals for panels, roundtables, and individual papers. Please send individual paper abstracts (max. 250 words), or a panel abstract (max. 300 words) in addition to 250-word abstracts for contributing papers by email to nacsnnc@helsinki.fi by 2pm, 25 January 2021. Abstracts should include name, title/position, email address and institutional affiliation.

Additionally, a two-day PhD workshop will take place before the conference. The workshop gathers promising PhD students concentrating on various Asian related topics. Students will get to present their works and get feedback from senior scholars. For detailed information about the PhD workshop and application instructions, please visit https://www.helsinki.fi/en/beta/chinas-riseasias-responses/phd-workshop. Deadline for applications is 25 January 2021.

More about the conference can be found at https://www.helsinki.fi/en/beta/chinas-riseasias-responses/about

This blog post was written by the Center’s interns, Elias Jakala. Elias is a sixth year law student at the University of Helsinki. He is a Bachelor of Law and trying to graduate as a Master of Law at the end of this semester. In addition to his studies, he works part-time at Attorneys Kuhanen, Asikainen & Kanerva Oy dealing mainly with real estate law. He has a special interest in Chinese law and society. The subject of his master´s thesis concerns attempts to bring German civil law into Chinese legal system at the end of the 19th century and in the beginning of the 20th century. 

 

 

Prof. Kimmo Nuotio giving guest lecture on Criminal Law as Transnational Law at PKU Law School

On 17 November 2020, Professor Kimmo Nuotio, Board Member of the China Law Center joined the 2020 Fall Semester Online PKU Law School Distinguished Global Faculty lecture series. The lecture series aims to further the internationalization of PKU Law School and foster global awareness among law students beyond the confinement of national boundaries.

Professor Nuotio contributed to the series with a presentation on “Criminal Law as Transnational Law”.

If international criminal law is a concept already relatively well-known, the concept of transnational criminal law is still a relatively new one. Neil Boister has proposed an understanding that whereas international criminal law proper is based on values and principles, the transnational criminal law only is about state’s collaborating in addressing issues of cross-border criminality. Accordingly, transnational criminal law deals with international illegal market, where criminal activities often are organised and run for profit. Transnational criminal law deals with a rather scattered set of topics, and the aim is to strengthen the enforcement of the agreed norms by means of international treaties. In his talk, Professor Nuotio presented this scene and discussed the problems in the creation of transnational criminal law, as the most powerful states have had a biggest say in the drafting of such treaties. As a result, transnational criminal law of today has some problematic features, which should be addressed: it should be enlightened. He also talked about how we could relate an enlightened version of transnational criminal law with law and development studies. Finally, he examined if and how transnational criminal law could be transformed and become a genuine global criminal law.

Professor Genlin Liang and Professor Su Jiang from PKU Law School acted as commenters for Professor Nuotio’s lecture. The lecture received positive feedback from PKU Law students who found his topic very interesting, especially regarding transnational criminal law.

CHINA LAW WEEK 2020 SESSION 4: REFORM AND EMERGING ISSUES IN CHINESE PRIVATE LAW AND THE COURT SYSTEM

Chair of the session, Professor Jukka Mähönen, 23 October 2020

The China Law Week 2020 closed with a session on “Reform and Emerging issues in Chinese Private Law and the Court System”. It was chaired by Jukka Mähönen, Professor of Cooperative Law at the University of Helsinki and Professor of Law at the University of Oslo.

 

Professor Jin Haijun speaking on “Legal Reform and the New Chinese Civil Code: An Introduction”, 23 October 2020

In the first presentation, Professor Jin Haijun from Renmin University gave a brief insight into the Chinese newly made civil law codification. The new Chinese Civil Code was adopted in May 2020 and will be effective from the beginning of next year. Even though the Civil Code is new, Professor Haijun emphasized that most parts of its legislation are not new. For instance, already existing corporative law was basically incorporated in the new civil code. According to Professor Haijun, intellectual property rules were a hot topic during the drafting of the code. Professor Juha Karhu from the University of Lapland commented on the presentation by mentioning for example the way that the code was built putting together different pieces.

Professor Juha Karhu speaking on “Nordic Perspective on the New Chinese Civil Code”, 23 October 2020

Professor Karhu then proceeded with his presentation on the Nordic perspective on the new Chinese Civil Code. Some civil codes of the modern time were discussed, and their economic, political, and cultural background were explored to see why and how the codes were born. The presenter talked about the French Civil Code, the German “Bürgerliches Gesetzbuch”, the situation in the US, and the Chinese Civil Code 2020. Notably, the Chinese Civil Code is based on the economic rise with the opening-up policy and the socialist market economy. The Code also shows Chinese characteristics. It is inspired by various legal systems, but the systematic nature is based on the endemic questions in China.

Dr. Kangle Zhang speaking on “Emerging Issues in Chinese Finance & Business Law”, 23 October 2020

The third presentation was given by Dr. Kangle Zhang from Peking University Law School about emerging issues in Chinese finance & business law. In Dr. Zhang’s opinion, China is moving towards financial liberalization. There is a trend of providing necessary capital and offering the customers better returns than bank deposits. The establishment of Shanghai pilot free trade zone helps ease legal burden for trading and financial purposes.

 

Dr. Wei Qian speaking on “Do Positive Disability Policies Promote Social Inclusion of the Disabilities in China?”, 23 October 2020

The fourth presentation was held by Dr. Wei Qian from the China University of Labour Relations, School of Labour Relations and Human Resources. The pandemic raised a number of issues where the group of disabled elderly people were particularly affected. Local governments in China were fast to enact new policy, and set disabled people, as well as children and elderly people as priority groups that will receive special attention in any big crisis. Dr. Qian talked about how disability policies in China promote the social inclusion of disabled people and how the policies changed under the current Covid-19 situation.

Professor Björn Ahl speaking on “Chinese Court Reforms and their Impact on Decision Making”, 23 October 2020

The last presentation of the day and the China Law Week was held by Björn Ahl, Professor and Chair of Chinese Legal Culture at the University of Cologne. He outlined the Chinese court reforms and their impact on decision making. According to Professor Ahl, there has been a contradiction in the reform dynamics between law and the political context within the judicial reform in China. This reform can be seen from a political context where there has been an enhanced dominant party state with violations of human rights. On the other hand, reform of the legal institutions has taken place where judges enjoy more autonomy in decision making to an extent that they never have been.

 

With 19 chairs and speakers from 7 countries and over 70 participants from 15 countries, the China Law Week 2020 had connected people with interest in Chinese law and legal culture from all over the world. Offering presentations and discussions on a broad spectrum of topics, the event had provided a valuable opportunity to learn more about the latest developments in the world of Chinese law.

The Finnish China Law Center would like to thanks the chairs, speakers, and participants conference for having made the China Law Week 2020 a resounding success. We hope to see you again in the Nordic China Law Week 2021!

 

The Center would like to thank our interns, Elias Jakala, Anwar Al-Hamidi, Anqi Xiang, Annette Rapo, and Johanna Fähnrich for contributing text for this article.

CHINA LAW WEEK 2020 SESSION 3: NEW CHALLENGES FOR CHINA’S BELT AND ROAD INITIATIVE

Chair of the session, Professor Björn Ahl, 22 October 2020

The China Law Week 2020 continued with the third session on “New Challenges for China’s Belt and Road Initiative (BRI)”. It was chaired by Björn Ahl, who is Professor and Chair of Chinese Legal Culture at the University of Cologne and Visiting Professor at the University of Helsinki.

 

Professor Julie Yu-Wen Chen speaking on “The Localized Approach in Understanding One Belt One Road’s Impacts”, 22 October 2020

Julie Yu-Wen Chen, Professor of Chinese Studies and Director of the Confucius Institute at the Faculty of Arts at the University of Helsinki, gave the first presentation. Professor Chen talked about the localized approach in understanding One Belt One Road (OBOR)’s impacts. Her presentation covered two parts: the problems of China-centric approaches when studying the BRI’s actual impacts and the theoretical framework. Professor Chen uses the strategic action field (SAF) for her BRI research, which she defined as a “socially constructed arena” where actors constantly pull and haul their interests on a particular space and issue due to their contentious or unclear nature.

Professor Ronald C. Brown speaking on “China’s BRI in Central Eastern European Countries: “17+1”: Connectivity, Divisiveness, or Pathway to EU-China?”, 22 October 2020

The session continued with a presentation by Professor Ronald C. Brown. Professor Brown centered his presentation on China’s BRI in Central Eastern European Countries, through the concept of 17+1. The main issue here is whether the 17+1 concept helps China to connect with the EU or whether it divides it or could lead to a pathway to EU-China “pre-trade agreement”. BRI gains connectivity to China and maximizes economic growth opportunities but the questions of who is more important (EU or China) for 17+1 countries and who to give loyalty to if there is a conflict linger.

 

Professor Jin Haijun speaking on “An Overview of Intellectual Property Protection and Cooperation under the BRI”, 22 October 2020

Professor Jin Haijun from Renmin University held the next presentation with the title “An Overview of Intellectual Property Protection and Cooperation under the BRI”. He emphasized that China has launched several initiatives such as the Digital Economy International Cooperation Initiative and the Joint Statement on Pragmatic Cooperation in the Field of Intellectual Property for the BRI countries. China has further opted to include IP provisions in the Civil Code. It also has specialized IP courts and tribunals. China has also placed special attention on constant reforms for IP action, protection and cooperation among BRI countries, and patent court system reforms.

Professor Yifeng Chen speaking on “Transnational Labour Protection and the Belt and Road Initiative”, 22 October 2020

Associate Professor Yifeng Chen from the Peking University Law School followed with a presentation about transnational labour protection and the BRI. He highlighted the labour dimension of the BRI and introduced different approaches to incorporate labour into the BRI. They are: using the ILO conventions and encouraging ratification, promoting ILO fundamental labour rights protection, incorporating labour into international economic arrangement, and encouraging corporate social responsibility.

 

Professor Matti Nojonen speaking on “China’s Arctic Policy and the “Polar Silk Road” Initiative”, 22 October 2020

In the fifth presentation, Professor Matti Nojonen from the University of Lapland discussed China’s Arctic Policy and the “Polar Silk Road” Initiative. A few years ago, China introduced the “Polar Silk Road” Initiative. China has been involved in Arctic affairs and the Nordic economy for decades, which makes it easy for most states to adjust to the new project. Of course, there are still a lot of challenges to face. The project must be adjusted to local circumstances such as the existing national law and all involved countries and companies have to reach agreements on specific strategies.

The session closed with a panel discussion under the motto “What are the emerging challenges of the BRI?”

Panel discussion: Emerging challenges for the BRI, 22 October 2020

The Center would like to thank our interns, Sukhman Gill, Elias Jakala, Li Yuan, Anwar Al-Hamidi, Anqi Xiang, Annette Rapo, and Johanna Fähnrich for contributing text for this article.

 

CHINA LAW WEEK 2020 SESSION 2: CHINESE LABOUR LAW IN INTERNATIONAL AND COMPARATIVE PERSPECTIVES

Chair of the session, Professor Ninon Colneric, 21 October 2020

The second session of the China Law Week 2020 was held under the theme “Chinese Labour Law in International and Comparative Perspectives”.  The Chair of the session was Professor Ninon Colneric, former Judge at the Court of Justice of the European Communities and Co-Dean at the China-EU School of Law at the China University of Political Science and Law.

 

Professor Sean Cooney speaking on “Digital Platforms and New Challenges for Labour Law”, 21 October 2020

Sean Cooney, Professor of Law at Melbourne Law School, University of Melbourne held the first presentation on labour and employment law challenges of digital platform-based employment. These platforms provide flexibility and opportunities for the workers and convenience for the consumers. However, empirical studies show that this new method of organizing labour is not without problem. The main questions addressed during the presentation are: should the workers be treated as employees, what collective bargaining should be allowed, how do the workers access social protection systems, and what methods are used for dispute resolution.

Professor Ulla Likkunen speaking on “International Employment Contracts in China – the Influence of Labour Law and Private International Law Trends”, 21 October 2020

The second presentation by Ulla Liukkunen, Professor of Labour Law and Private International Law at the University of Helsinki and Director of the Finnish China Law Center was entitled “International Employment Contracts in China – the Influence of Labour Law and Private International Law (PIL) Trends”. The presentation discussed Chinese PIL and cross-border labour questions about international employment contracts. She noted that in China, PIL is still a young field of law with a late policy start. The development of Chinese PIL requires broader attention as labour rights need safeguards in a cross-border setting that substantive law alone cannot afford.

Associate Professor Yan Dong speaking on “Labour Disputes of Chinese Posted Workers in the B&R Countries”, 21 October 2020

The third presentation “Labor Disputes of Chinese Posted Workers in the B&R Countries” was held by Yan Dong, Vice-Dean and Associate Professor at Beijing Foreign Studies University School of Law . He presented his research about Chinese workers posted in B&R countries. The number of Chinese posted workers increased gradually. However, the current literature gap exists. Data about workers’ labor issues in the B&R countries is incomplete. There are insufficient legal rules about applying Chinese labour laws under the doctrine of overriding mandatory rules. The research design is to collect all the cases by investigating the labor dispute in the B&R countries. The aims of Professor Dong’s study are to uncover the labor issues and test the doctrine of overriding mandatory labor rules in action.

Professor Ronald C. Brown speaking on “Labor Law Adjustments for Workers in China and the U.S. during the Pandemic”, 21 October 2020

The fourth presentation was given by Ronald C. Brown, Professor of Law at the University of Hawai’i Law School . In his presentation, he discussed how the Covid-pandemic has affected labour law in China and the US. When looking at reported cases and deaths, China has survived the pandemic more successfully. The presentation looked at reasons in labour law changes that contributed to this feat. On a high level, the approaches were very similar: funding packages, lockdowns, and mask recommendations, but the results were different. The presentation showed comparatively how high level policies were implemented and how the different cultures reacted to the response on a micro level.

Assistant Professor Yan Tian speaking on “The Change of the Image of Worker in China’s Law of Bankruptcy”, 21 October 2020

The session closed with a presentation by Yan Tian, Assistant Professor and Assistant Dean at Peking University Law School. His speech was about the images of workers on China’s law of bankruptcy. Professor Tian first compared the old and new laws of bankruptcy to observe the changes in the images of workers. Secondly, he compared the laws of bankruptcy and the Chinese constitution. Finally, Professor Tian compared the past and future of the laws of bankruptcy.

The Center would like to thank our interns, Jakub Pincha, Zhe Zhao, Li Yuan, and Johanna Fähnrich for contributing text for this article.

 

CHINA LAW WEEK 2020 SESSION 1: CHINESE LAW AND LEGAL CULTURE – A DIVERSITY OF APPROACHES

The China Law Week 2020 kicked off with the first session entitled “Chinese Law and Legal Culture – a Diversity of Approaches”. The session was chaired by Professor Pia Letto-Vanamo, Dean of the Faculty of Law, University of Helsinki.

Chair of the session, Professor Pia Letto-Vanamo  speaking on “Taking Account of History When Researching Contemporary Law”, 20 October 2020

The session began with a presentation titled “Taking account of History When Researching Contemporary Law” by Professor Letto-Vanamo. She emphasized the importance of history when researching comparative differences. In Professor Letto-Vanamo´s opinion, knowledge of contemporary politics alone is not sufficient to understand the reasons for comparative differences. She found that the only way to understand Chinese Law is to understand its history, not just legal history but for instance philosophical history and general Chinese mentality as well.

Professor Björn Ahl speaking on “Different Approaches to Chinese Legal Culture”, 20 October 2020

In the second presentation of the session, Professor Björn Ahl from the University of Cologne discussed the different approaches to Chinese legal culture. He first explained the Chinese legal culture, observing that Chinese legal culture as a residual concept lacks explanatory value, invites essentialized approaches to Chinese culture, and more prone to legal orientalism. Professor Ahl then introduced the Chinese legal culture in law-related Chinese studies at the University of Cologne, pointing out that learning Chinese law needs to start from an external and comparative perspective.

Associate Professor Joanna Grzybek speaking on “Dispute Resolution in China: A Language Perspective “, 20 October 2020

The third presentation on “Dispute Resolution in China: A Language Perspective” was given by Associate Professor Joanna Grzybek from Jagiellonian University in Kraków, who is also Deputy Head of the Polish Centre for Law and Economy of China. Professor Grzybek started by giving the overall legal status regarding dispute resolution in China. She stated that due consideration should be given to how language affects international communication and our frames of mind. She stressed that not only legal, but also historical and sociological angles are needed in legal linguistics research.

Professor Johanna Niemi speaking on “Law and Gender: Finnish and Chinese Perspectives”, 20 October 2020

Professor Johanna Niemi from the University of Turku gave the next presentation on “Law and Gender: Finnish and Chinese Perspectives”. She focused on the positioning of the researcher while doing research in another culture and especially when working with the experts from a society different from the one the researcher is custom to. She highlighted the importance of remembering that post-colonial is not just history in many countries but something that still has an impact on the work culture and relationships to other countries even today.

Professor Kimmo Nuotio speaking on “Criminal Law in the Context of Rule of Law: Finnish and Chinese Perspectives”, 20 October 2020

The session closed with the last presentation about “Criminal Law in the Context of Rule of Law: Finnish and Chinese Perspectives” by Professor Kimmo Nuotio from the University of Helsinki. Professor Nuotio talked about how differently Finland and China approach criminal law and the concept of rule of law. In Finland, criminal law has to be compliant with the constitution, meaning that the state must ensure the protection of every individuals’ rights as well as the division of powers and an independent judiciary. In China, however, criminal law has a long tradition of enforcing justice with harsh methods and not guaranteeing fundamental rights or independence of the judiciary.

The Center would like to thank our interns, Elias Jakala, Li Yuan, Anwar Al-Hamidi, Sukhman Gill and Johanna Fähnrich for contributing text for this article.

NEW PUBLICATION: CHINESE CONTEXT AND COMPLEXITIES — COMPARATIVE LAW AND PRIVATE INTERNATIONAL LAW FACING NEW NORMATIVITIES IN INTERNATIONAL COMMERCIAL ARBITRATION

Ulla Liukkunen, Professor of Labour Law and Private International Law at the University of Helsinki and Director of the Finnish China Law Center, has published an article under the title “Chinese context and complexities – comparative law and private international law facing new normativities in international commercial arbitration”. The article appeared in the first edition of the electronic journal Ius Comparatum, a new project of the International Academy of Comparative Law (IACL) that focuses on the necessity of using comparative methods in order to get a better understanding of international arbitration.

The article discusses how recent developments in Chinese private international law affect international commercial arbitration. In global terms, the organization of cross-border dispute resolution is changing as a part of the Belt and Road Initiative (BRI) development. With the BRI, Chinese interest in international commercial arbitration has gained a new dimension as BRI promotes the expansion of Chinese dispute resolution institutions and their international competitiveness. These developments challenge the current narrative of international arbitration.

The article states that private international law is explored as a framework for discussion of noteworthy characteristics of the Chinese legal system and legal culture that are present in international commercial arbitration. Comparative methodology is proposed to be rethought so that it can promote an understanding of Chinese law in the arbitration process. The article argues for adopting comparison as a methodological approach in arbitration. Comparison as a process penetrates the decision-making of arbitrators, also governing the conflict-of-law dimension. Moreover, the article argues that considerations of the Chinese private international law and arbitration regime speak for a broader comparative research perspective towards international commercial arbitration.

The article as well as the whole journal are available on the website of IACL.

This blog post was written by one of the Center’s interns, Johanna Fähnrich. Johanna is an exchange student from Germany. She will be studying law at the University of Helsinki until next summer and recently joined the team of the China Law Center because she is interested in learning about different legal systems and comparing them to each other.