Professor Duncan McCargo and his Journey in Understanding Southeast Asian Politics

Hailing from the UK, Professor Duncan McCargo has spent extended periods of time across South East Asia and has produced remarkable work in the fields of political science and justice especially with regards to Thailand. He currently holds the position of Director of the Nordic Institute of Asian Studies, whilst continuing to teach and research as a professor of political science at the University of Copenhagen. The Finnish China Law Centre had the pleasure to welcome Professor McCargo to the University of Helsinki in October 2019 when he came to deliver a guest lecture at the Confucius Institute on recent trends in Asian politics. The Centre is privileged to conduct a more in-depth interview with him, focusing on his intellectual journey and views on researching South-East Asian politics as well as its challenges and opportunities.

Professor McCargo’s unorthodox exposure to South East Asia started during his travels to Thailand and Burma in his undergraduate years back in the 1980s. According to him, there were not many students from Europe visiting the region during that time. As a young, aspiring travel enthusiast, he was very intrigued by the people that he encountered. Idealism and curiosity led him into his quest of trying to comprehend the unfamiliar. Upon graduation, he went to teach in Japan for a couple of years but eventually concluded that Thailand appealed to him more. He then went back to Thailand and underwent intensive immersion, where he lived with a local family and studied the Thai language intensively.

Professor McCargo has contextualised the political and legal landscape of Thailand as one that is characterised by political problems where military coups, constitution changes and political crises are a common phenomenon. He has further pointed out the judicialisation phenomenon of politics in Thailand following two 2006 speeches given by the King, in which he urged judges to solve political problems. Thereafter, the centre of gravity in Thai politics shifted to judges and court cases. Through the courts, political decisions were made, where court cases are brought against politicians, eventually resulting in them being banned from office and parties being dissolved. Professor McCargo conducted a year’s ethnographic fieldwork in Bangkok, much of it spent in courtrooms. His latest book addressing these issues is Fighting for Virtue, Justice and Politics in Thailand (Cornell University Press, 2019); and related articles are on the way.

Another project Professor McCargo is working on centers around the 2019 election in Thailand and mainly deals with developments around the election and the creation of new parties. He is now writing a new book with one of his former PhD students on the rise and fall of the Future Forward Party, which was recently dissolved by the Constitutional Court.

Professor Duncan McCargo and Professor Ulla Liukkunen, Director of the Finnish China Law Center

When being asked of his views on the prospects of studying Asia, he has framed the current era as being the Pacific century, where the centre of power has shifted away from the United States and Western Europe. Professor McCargo highlights how many many global trends in contemporary politics such as populism, polarization, direct communication of authoritarian leaders to its subjects and the decline of political parties had their origins in South East Asia. This not only serves as a paradigm shift in the contextualisation of Asia as a peripheral area of the world, but it illustrates how Asian countries can be studied from a comparative perspective alongside their Western counterparts.

Professor McCargo does not find the idea of a distinction between ‘East’ and ‘West’ analytically useful, and is reluctant to be labelled with any particular approach. He believes all that matters is quality of academic work, which is not restricted to any specific styles or methodologies.

As a proponent of qualitative field-based work, Professor McCargo believes linguistic and cultural fluency are essential, since they allow researchers to communicate directly with their research subjects. This is seen in one his previous projects on the southern Thai insurgency : he spent a year driving around the region talking to hundreds of informants, using an approach derived from political ethnography. Despite criticisms of such approaches by many political scientists as being too time-consuming and subjective, McCargo argues that qualitative and quantitative data can and should complement each other. Cross-checking with documentary sources may be done to verify the validity of a narrative.

Commenting on the inherent sensitivity of certain research topics, Professor McCargo notes that he has often benefited from the willingness of interview informants to share important information with him as a researcher. Some Southeast Asian informants see academics as potential allies in communicating their experiences and messages to the wider world. McCargo notes that for most of his professional career Thailand has been a relatively open society where informants feel relatively free to speak out – making it an easier place to conduct fieldwork than some other Asian countries. The presence of large numbers of foreign tourists means that outsiders have become a familiar sight in Thailand, rather than a cause for concern.

On a concluding note, Professor McCargo talked about the challenges of getting social scientists to change their perception that studying Asia is a minority pursuit, when in reality the majority of the world’s population lives in the non-western world. The study of Southeast Asian politics tends to be viewed as a niche field within the discipline of comparative politics, yet this work actually has a much broader intellectual reach as Asia becomes increasingly salient both politically and economically.

The Centre hereby takes the chance to express our gratitude for his time and his interview and looks forward to working with him soon in future projects.

The interview and report were done by the Center’s intern, Mr. Kelvin Choo Wei Cheng. Kelvin is a undergraduate student at the University of Warwick, and an exchange student at University of Helsinki for the autumn and spring terms 2019-2020.

Finnish China Law Center expands cooperation beyond the Nordic

The year 2019 oversaw the fruitful collaboration between the Finnish China Law Center, Saint Petersburg State University, and the Polish Research Centre for Law and Economy of China.

On 18 October 2019, the three institutions co-organized an international conference on ‘Methodology of researching and teaching Chinese law.’ The conference created platform for discussion on the issues of Chinese law research and teaching through sharing of ideas, research and practice. It ended in tremendous success in terms of both participation and reception. This suggested a strong interest among Finnish, Russian and Polish scholars and specialists in China law education and research, and strong potential for Chinese law-related inter-institutional cooperation.

The year 2020 promises further collaboration between the three institutions in the form of seminars, workshops, and dialogues.  For starter, researchers from Saint Petersburg State University, and the Polish Research Centre for Law and Economy of China will join and contribute their expertise in the Nordic China Law Week 2020 during 20 to 23 April  at the University of Helsinki.

The Center welcomes students, researchers, practitioners, and the wider public from all over the world to take part in an exciting week packed with presentations and discussions surrounding the current hot topics in Chinese law and legal culture.

‘The Center would like to take this opportunity to expand our impact in fostering education and research on Chinese law, and strengthen our contacts and partnerships with other institutions that conduct Chinese law research and education within and beyond the Nordic,’ says Director Ulla Liukkunen.

From left to right: Professor Ulla Liukkunen, Director of the Finnish China Law Center; Assistant Professor Piotr Grzebyk, Head of the Polish Research Center for Law and Economy of China; and Associate Professor Elena Sychenko, Head of the undergraduate programme in Jurisprudence (with an in-depth study of the Chinese language and legal system) at Saint Petersburg State University

CHINESE NEW YEAR MESSAGE FROM THE FINNISH CHINA LAW CENTER

At the beginning of the Year of the Rat, the Finnish China Law Center would like to sincerely convey its blessing for the Chinese New Year to its friends and partners, in China, the Nordic countries and around the world.

In the last year, the Finnish China Law Center has made great achievement in research work and education on Chinese law and legal culture. It also successfully held the 10th Sino-Finnish Bilateral Seminar on Comparative Law, together with the Chinese Academy of Social Sciences (CASS) and in collaboration with Faculty of Law at University of Helsinki. The event has deepened the collaboration and cooperation with legal scholars and institutions in China and other Nordic countries.

In the upcoming year, the Center will continue to promote research and education on Chinese law and legal culture, as well as comparative legal research involving China and its engagement in international business and global institutions. The Center will also organize diverse events and activities, including the Nordic China Law Week 2020 in April, to widen and strengthen our friendship and partnership with China and international institutions.

芬兰中国法与中国法文化研究中心恭祝大家鼠年大吉

在鼠年到来之际,芬兰中国法与中国法文化研究中心向来自中国,北欧以及其他各国的朋友及合作伙伴送上衷心的新年祝福。

在过去的一年,芬兰中国法与中国法文化研究中心在中国法与中国法文化研究与教学领域取得了巨大的成果。中心协同中国社会科学院与赫尔辛基大学法学院成功举办了第十届中芬比较法研讨会,加深了中国与北欧法律学者和法律研究机构的合作与交流。

在未来的一年,中心将继续促进开展中国法及中国法文化,涉及中国的比较法以及中国参与国际事务,与全球机构的合作等方面的学术研究与教学;同时也将组织和筹备各式活动,包括四月将举办的“北欧中国法律周”,从而扩展并深化中心与中国和国际各研究机构的友谊与合作。

 

The text translation is contributed by the Center’s intern, Ms. Xiaodan Zhang who is completing her Masters in International and Comparative Law (International Business Law) at the University of Helsinki.

 

INTRODUCING THE CENTER’S NEW COORDINATOR

The Finnish China Law Center is happy to welcome the new coordinator Le Bao Ngoc Pham who has replaced Jani Mustonen from November 2019.

Pham is a native of Vietnam, and a recent graduate from the Master’s program in International and Comparative Law at the University of Helsinki. She intends to use her education and unique cultural insights about East Asia to foster the activities of the Center.

She has worked as research assistant at the Center since March 2019 before transitioning into her hew role as coordinator. She wrote her master thesis on territorial acquisition disputes and also has keen interest in space law. Previously, Pham has obtained a bachelor’s degree in law from the Hanoi Law University in Vietnam.

‘I am privileged to be a part of the Center which present a unique opportunity to use my background in international law to help develop the research into Chinese law and Chinese legal culture in the Nordic region,’ she says. She also emphasizes the important role of the Finnish China Law Center in bridging the differences in legal cultures and promoting Sino-Finnish bilateral exchange.

Pham primarily works with the Director of the Center Professor Ulla Liukkunen, and the Dean of the University of Helsinki Faculty of Law Professor Pia Letto-Vanamo, to support the Center’s member institutions and enhance mutual understanding between the Finnish and Chinese legal systems.

Any question about the work that we do here at the Finnish China Law Center, and inquiries concerning the Nordic China Law Week 2020 can be directed to chinalawcenter@helsinki.fi or ngoc.pham@helsinki.fi.

 

Peking University Law School and the Finnish China Law Center hold a seminar on Labour and Social Law

Front row: Professor Ye Jingyi (Vice-Chairperson, Peking University Law School) and Professor Pia Letto-Vanamo (Dean of the Faculty of Law, University of Helsinki). Back row: Yuan Li (student in the master’s programme in International Business Law, University of Helsinki and intern at the Finnish China Law Center), Assistant Professor Yan Tian (Assistant Dean, Peking University Law School), student in the bachelor of Law programme at University of Helsinki, Professor Ulla Liukkunen (University of Helsinki, Director of the Finnish China Law Center), Assistant Professor Jari Murto (University of Helsinki), and Le Bao Ngoc Pham (Coordinator of the Finnish China Law Center)

To mark the long history of extensive collaboration, Peking University Law School and the Finnish China Law Center hosted an afternoon seminar on Labour and Social Law.

The seminar has held on Friday 13 December 2019 at the University of Helsinki.

Professor Yan Tian, Faculty of Law, University of Helsinki, 13 December 2019

The Seminar opened with a presentation by Yan Tian, Assistant Professor & Assistant Dean at Peking University Law School on the topic ‘Towards a Constitutional Theory of Chinese Labor Law’. Professor Yan first described three constitutional visions of labour as arm, spine and embryo of the Constitution. Among the three, the vision of labour as the spine of the Constitution, which makes the Constitution paralyzed if lost is most popularly perceived among Chinese academics. He noted that labor is an important means to achieve the five major values of the Constitution, which comprise of livelihood, democracy, equality, honor and efficiency. Professor Yan went on to examine the constitutional commitment of China’s 1995 Labour Law. The Law has incorporated all the five values of constitutional labor in Chapter 1, particularly in Articles 1, 3, 5, 6, 7, and 8. However, he observed that the commitments have not been perfectly implemented in practice. For livelihood, there has been unfair distribution for labor. In the distribution system in China, the Government and businesses take a very big share. There is only a small part left for the workers. For democracy, it has been a hollow hope for most Chinese workers. The union system is bureaucratic and fails to represent the real interests of the workers. Regarding equality, in recent years, gender discrimination has been striking back. People now begin to challenge whether it is necessary to have so many women in workplaces. Relating to honor, labour is presumed by many as providing less earning and therefore, less respectable. Finally, about efficiency, debates over the inflexibility of labour law has arised in recent years. It is arguable that the labour law system is too rigid to able to accommodate the changing reality of Chinese workplace, especially in informal labour. In his final remark, Professor Yan suggested that labour law must not only keep up with the general trend of labor relations reform, but also be able to incorporate constitutional orders into the reform process, while serving as the legal platform to intergenerational synthesis.

Professor Jari Murto, Faculty of Law, University of Helsinki, 13 December 2019

In the next part of the Seminar, Jari Murto, Assistant Professor in Labour and Social Law at the University of Helsinki gave a presentation on ‘The Basic Income Experiment in the context of Finish Social Security System’. Professor Murto began with a short overview of the Finish social security system. The system is driven by the principle of universality, according to which the system covers all persons living (permanently) in Finland, and the principle of causality which renders right to social security benefit or services based on the specific reason (unemployment, illness, childbirth or studies, etc). The Finnish social security is divided into residence-based and employment-based social security. Residence-based social security is financed by taxation and administered by the Social Insurance Institution Kela. Employment-based social security is based on employee status, and paid for by employment related payments and contributions made by employee and employer, independent insurance companies and unemployment funds and labour market social partners. He next introduced the Basic Income Experiment carried out by the Finnish Government during 2017 and 2018. The purpose of the experiment was to gather information on the effects of basic income on labour market activities, and to examine social security models in the context of changing labour market as well as societal changes. The experiment met with criticism that it only choose unemployment people as target group, and exclude persons working in part-time employment relationships. Professor Murto finally discuss different type of problems in transitions in the labour market. The issues involve how to ensure employment rate of 75 %, how to guarantee that companies are able to recruit skilled work force and lack of skilled work force does not follow problems to business, and how to minimize risks to individual person relating interruptions and transitions in the labour market.

 

Speakers’ bios:

Yan Tian is an Assistant Professor & Assistant Dean at Peking University Law School. In addition to constitutional law, Assistant Professor Yan’s research interests include labour law and administrative law. He has published a monograph on employment discrimination law and several articles in the Chinese, English, and Korean languages. Previously, Professor Yan served as Post-Doctoral Fellow in the Peking University Law School. In addition to Bachelor and Master degrees from Peking University, Assistant Professor Yan has J.S.D. and LL.M. degrees from the Law School of Yale University.

Jari Murto is an Assistant Professor in labour and social law at the University of Helsinki. His main research interests are related to the determination on terms of employment as well as development of labour law norms, norm system and doctrines of labour law.  Professor Murto’s dissertation on “Company specific Group Norms” (2015) was a systematization of legal norms created at the company level concerning groups of employees. In the area of social law Murto’s main research interests are related to transitional labour market and legislation institutions in different type of transitions. Before University of Helsinki, he worked at the University of Turku.

 

University of Helsinki Faculty of Law and Peking University Law School discuss cooperation

On 13 December 2019, following the signing ceremony which renews the bilateral exchange agreement between the University of Helsinki (UH) and Peking University (PKU), Professor Ye Jingyi and Assistant Professor Yan Tian had a meeting with Professor Pia Letto-Vanamo, Dean of the Faculty of Law, University of Helsinki, and Professor Ulla Liukkunen, Director of the Finnish China Law Center. During the meeting, the two sides discussed possibilities of further cooperation between their respective Faculties of Law.  

Professor Ye Jingyi and Professor Pia Letto-Vanamo

Professor Liukkunen highlighted the latest developments in Chinese law research and education at UH with the introduction of Faculty of Law’s new international master’s programme called Global Governance Law (GGL) which offers study track in Chinese law. ‘GGL would attract many students who are passionate about learning Chinese and comparative laws from a Nordic perspective’, said Professor Letto-Vanamo. Professor Liukkunen added that meanwhile, the Finnish China Law Center habeen receiving several requests to conduct visiting research hereIn view of the applicants’ qualification and experience, the Center will incorporate them into the Center’s research projects and academic lectures and seminars. The Center also houses several interns from different legal backgrounds and legal cultures, who involve in legal research, editing and writing on the law and China, and events organized by the Center. In April 2020, the Center will again hold the China Law Research Workshop providing an overview of how to approach Chinese legal research and comparative law research involving China. 

Professor Ye remarked that the GGL programme would be a great basis for future collaboration. PKU would consider recommending young scholars for visiting and giving lectures in the programme. She also mentioned that PKU highly valued the Center and UH Faculty of Law’s effort in promoting Chinese law and legal culture in Finland and the Nordic, and would like to joint hand in developing Sino-Nordic comparative law researches in civil law, social security, labour law, and human rights. ‘The Nordic legal model, especially in labour law, is very strong and unique. It is indeed what China can learn from,’ she remarked. 

INTERNATIONAL MASTER’S PROGRAMME IN EAST ASIAN STUDIES WITH CHINA-focused COURSES AT THE UNIVERSITY OF TURKU

East Asia is an economically connected region with overlapping historical, linguistic, and cultural characteristics, as well as diverse nations and groups with different political systems and contemporary cultures.

For a more international perspective, University of Turku, a member institution of the Finnish China Law Center, sets up the master’s programme called East Asian Studies (EAST). With this Programme, participants will learn the sociocultural understanding and analytical skills of international relations and history development.

Students in the Programme would gain expertise on East Asian contemporary history, politics and societies and learn social science research methods. Additionally, they would have good opportunities for student exchange in East Asian universities as well as receiving East Asian study and research scholarships. The Programme provides expertise to enter international public, private and third sector professions. Students would also become qualified to apply to PhD programmes and pursue an academic career.

The Programme sets up six modules, including Study and Research Skills, Histories of East Asian Countries, Contemporary Politics, Societies, and Economies of East Asia, East Asia in Regional and Global Context, Master’s Thesis, Work Life Competences and Language Studies. It provides also courses on the following subjects about China:

Introduction to Chinese Contemporary History

Chinese Politics and Society

China’s Urban Governance and Sustainability

Chinese Economy 

Chinese Workplace Cultures

Chinese language study

The application period for the Programme begins on 8 January 2020, and ends on 22 January 2020 . For information about the application process and how to apply, please visit the Programme website.

The text is contributed by the Center’s intern, Ms. Zhiqi Luan. Zhiqi Luan is a graduate student at the China University of Political Science and Law, and an exchange student at University of Helsinki for the autumn term 2019-2020.

 

PEKING UNIVERSITY Vice Chairperson VISITS UNIVERSITY OF HELSINKI, renews exchange agreement between the two Universities

On 13 December 2019, the University of Helsinki, represented by Vice-Rector of Internationalisation, Professor Hanna Snellman had the pleasure to welcome a delegation from Peking University led by Professor Ye Jingyi, Vice Chairperson, University Council, Peking University, Professor and Director, Institute of Labour and Social Security Laws, Peking University Law School. During the visit, Peking University delegation met also with Dr. Erkki Raulo, Senior Advisor of Research Services, and Dr. Anna-Maria Salmi, Head of Development of International Affairs, and Professor Ulla Liukkunen, Director of the Finnish China Law Center and Board Member of the European China Law Studies Association.

From left to right: Assistant Professor Yan Tian, Professor Hanna Snellman, Professor Ye Jingyi, and Professor Ulla Liukkunen

The visit was an excellent opportunity for Peking University and University of Helsinki to update on topical affairs and current collaborations in the framework of their strategic partnership, and renew the exchange agreement strengthening academic contacts between the two universities.

Peking University has been one of the oldest partners of the University of Helsinki since 1983. The two Universities enjoy high level of international cooperation in research and education, especially in the legal field.

Professor Liukkunen recalled the long history of cooperation, in which Peking University Law School, the Finnish China Law Center, and its member institutions have worked together on many successful research projects, as well publications. The fruitful Sino-Finnish collaboration, she remarked, has been made possible through fundamental support from Professor Ye, Assistant Professor Yan Tian, Assistant Professor Yifeng Chen, and many other colleagues at Peking University Law School.

Professor Ye commented that Peking University has greatly benefited from strategic partnership with the University of Helsinki, especially in law, air quality, education and medicine. Most notably, she regarded the joint legal activities as great achievement, which helps foster and develop comparative studies and understanding of Finland and China’s unique legal models and legal cultures. She hoped the long-last cooperation between two Universities will continue for many years to come.

The meeting concluded with Professor Snellman and Professor Ye signing the bilateral exchange agreement between University of Helsinki and Peking University

BJÖRN AHL ON THE EXPANSION OF POWERS OF THE CHINESE SUPREME PEOPLE’S COURT

On 29 November 2019, Björn Ahl, Professor from University of Cologne and President of the European China Law Studies Association, gave a guest lecture at the Finnish China Law Center. The topic of his presentation was ‘Judicialization in Authoritarian Regimes: The Expansion of Powers of the Chinese Supreme People’s Court’.

Professor Björn Ahl aimed to demonstrate how the Chinese constitutional system works and what the position and function of the Supreme People’s Court (SPC) are through this lecture. He firstly introduced the global phenomenon of the 20th-century judicialization, under which, judicialization can be distinguished into two forms: expansion of the courts’ scope of action at the expense of politics, and the absorption of methods of judicial decision-making by other executive and legislative state organs.

The development of judicialization has been seen in three layers. First, legal discourses, legal terminology, legal rules, and procedures diffuse into processes of judicial decision-making. Then, courts expand their competence and increase their influence over the outcomes of political possesses. And finally, courts decide important political questions. These can be reflected from the development of the Chinese legal system. While some scholars stated that there was no judicialization in the authoritarian legal system, Professor Ahl contended that the strengthened rule of law in China can also be observed in the development of other constitutional systems.

Professor Björn Ahl, Faculty of Law of the University of Helsinki, 29 November 2019

As a One-party system concentrates powers of decision-making in the organs of the Chinese Communist Party (CCP) and in the executive organs of the state, Chinese courts, particularly the SPC become an integral part of the party-state structure and political institutions. This, as Professor Ahl presented, has led to some special feature of a limited and reversible judicialization in China as dynamics have been seen as intrinsically local’ and courts rely on party support and active engagement of administrative agencies under administrative litigation.

As for the SPC, Professor Ahl said that motivated by institutional self-interest, it was now less influenced by party leadership or legal reform ideologies and had transformed into a relatively autonomous policy-making organization. He then analyzed from four aspects of SPC: Fundamental rights in courts, self-empowerment through judicial interpretations, guiding cases mechanism, and mandatory death penalty review power, in which Professor Ahl emphasized the last three aspects and how they worked under the current special constitutional structure in China as a reflection of the strengthening of the SPC’s power.

Professor Björn Ahl finally concluded that Chinese judicialization bore significant differences from the judicialization in liberal constitutional systems. According to this opinion, judicialization in China has its own characteristics. The SPC still operates as an ‘active lawmaker’ even though it possessed parallel law-making powers, and has no ultimate power of decision-making on critical problems in society. As SPC’s power increasing, political decision-making of other actors of the party-state would not be changed into more rule-based judicial forms of decision making.

The text is contributed by the Center’s intern, Ms. Xiaodan Zhang who is completing her Masters in International and Comparative Law (International Business Law) at the University of Helsinki.

NEW INTERNATIONAL MASTER’S PROGRAMME WITH CHINESE LAW STREAM AT THE UNIVERSITY OF HELSINKI

Globalization has brought about situations where which different bodies of law become increasingly intertwined beyond traditional borders. Legal experts and scholars are now required to examine the content of national, international, European, and transnational laws when they apply norms.

In order to deliver the most practical knowledge and insight into the increasing globalization of law and legal thinking, University of Helsinki, a member institution of the Finnish China Law Center, sets up a new master’s programme called Global Governance Law (GGL).

The two-year long research-oriented Master’s programme offers series of lectures, seminars and interactive tutorials built by internationally distinguished experts in their fields. It is designed to provide solid foundation and skills to prepare students for expert duties in public administration, international organizations, NGO, law firms, corporate legal departments, and legal academia. During their study, programme participants will be able to specialize in key fields of law are of particular interest to them such as Global Governance Law, Public International Law, European Union Law, Global Administrative Law, Human Rights Law, International Institutions, Finance and the Environment, and Business and Company Law.

“The Master’s programme also provides the opportunity to study Chinese law, rarely on offer in faculties of law”, said Päivi Leino-Sandberg, Professor of Transnational European Law and Director of GGL.  The Director of the Finnish China Law Center, Professor Ulla Liukkunen is in charge of the Chinese law stream of GGL which provides courses on the following subjects:

  • Chinese legal system: history and presence
  • Business and Company law: governing economics
  • China in international organisations – transnational governance
  • Corporate social responsibility and fundamental labour rights in China

Students can also engage in Chinese law research activities through the Center with our strong connections with top Chinese universities.

The application period for the programme begins on 03 Dec 2019 at 08.00 (UTC+2), and ends on 10 Jan 2020 at 15.00 (UTC+2). For information about the application process and how to apply, please visit the programme website.

 

Teaching staff of the Master’s Programme in Global Governance Law: Jaakko Husa (on the left), Heikki Pihlajamäki, Päivi Leino-Sandberg, Ida Koivisto, Sakari Melander and Marianna Muravyeva. Photo credit: Mika Federley.

 

New Publication: Enclave Governance and Transnational Labor Law – A Case Study of Chinese Workers on Strike in Africa

Ulla Liukkunen, Professor of Labour Law and Private International Law at the University of Helsinki and Director of the Finnish China Law Center and Yifeng Chen, Associate Professor at Peking University Law School and Assistant Director of the Peking University Institute of International Law published this month an article entitled ‘Enclave Governance and Transnational Labor Law – A Case Study of Chinese Workers on Strike in Africa’ in the Nordic Journal of International Law.

The article examines deficits in the current legal framework of posted workers in a global setting through a case study involving Chinese posted workers striking in Equatorial Guinea. Posting highlights the challenges that economic globalisation and transformation of the labour market pose to labour law. As a phenomenon whose normativity is deeply embedded in the cross-border  setting where it occurs, posting should profoundly affect the transnational labour law agenda. The emergence of transnational labour law should be seen from the perspective of reconceptualising existing normative regimes in the light of an underpinning transnationality and sketching the architecture for the normative edifice of transnational labour protection. The transnational legal  context under scrutiny calls for a wider normative framework where the intersections between labour law, international law and private international law are taken seriously. Global protection of  posted workers should be a featured project on the transnational labour law agenda.

‘Enclave Governance and Transnational Labor Law – A Case Study of Chinese Workers on Strike in Africa’ is among many results of research cooperation between Professor Liukkunen and Professor Chen. They had previously published China and ILO Fundamental Principles and Rights At Work (Kluwer 2014) and Fundamental Labour Rights in China – Legal Implementation and Cultural Logic (Springer 2016).

Cover of the Nordic Journal of International Law