Asian Studies Days 2019: Science and University Policies in Asia

The Center for East Asian Studies, University of Turku, and the Finnish University Network for Asian Studies are organizing the Asian Studies Days to be held from 26 to 27 November 2019.

Event consists of the Conference Day with no restrictions on participants, and Doctoral Seminar which is open only to PhD candidates in Finnish Universities.

The Conference Day will take place on 26 November, between 12:00-17:00, at Publicum, PUB3, Assistentinkatu 7, Turku.

Registration can be done at https://link.webropolsurveys.com/Participation/Public/6151c9f3-c835-4e82-b13b-154adf9e6ecc?displayId=Fin1846973. The form is open until November 22.

The preliminary program and list of speakers can be found at http://www.asianet.fi/2019/asian-studies-days-2019-science-policies-in-asia/

For all inquiries please contact the Director of the Network, Outi Luova at outi.luova@utu.fi or tel 029 450 3058.

 

Background to the event

This year, the Asian Studies Days brings together people from academia, business, public administration, and civil society with a shared interest in Asia to discuss the recent trends, prospects, and challenges in the implementation of science and university policies in Asia. The theme is of topical importance considering the significant science capacities of China and many other Asian countries such as Japan, South Korea, India, Malaysia, Singapore, and Thailand.

The event aims to deepen understanding of the specific features in the academic research and education that should be taken into account when pursuing cooperation with Asian actors. The discussions will also help develop realistic and sustainable cooperation with Asian countries in the field of science, technology, and education.

 

WILLIAM HUI-YEN HSU ON THE JUDICIAL IMPLEMENTATION OF THE ICESCR IN TAIWAN

On Friday 13 September 2019, Professor William Hui-yen Hsu from National Dong Hwa University gave a guest lecture at the Finnish China Law Center. The topic of his presentation was ‘The judicial implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in Taiwan – observations on the decisions of the two Supreme Courts.’

Professor William Hui-yen Hsu introducing the topic of his presentation, Faculty of Law of the University of Helsinki, 13 September 2019

Professor Hsu began with a short introduction to Taiwan and its effort to promote and enforce several international human rights treaties. Despite having been a non- member of the United Nations (UN) since 1971, Taiwan retains a strong will to contribute to international society. It has attempted to internalize many human rights standards as envisaged in the human rights treaties endorsed by the UN through ratifying the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

He added that nevertheless, Taiwan’s instrument of ratification was rejected by the UN Secretary-General and thus, was never a formal member of the ICESCR. The ICESCR became binding on Taiwan by means of unilateral declarations made by the President and the Government. To prevent any misunderstanding regarding the bindingness of the ICESCR on Taiwan, the Parliament passed legislation which incorporated the content of the covenant into Taiwan’s domestic law.

Professor Ulla Liukkunen, Director of the Finnish China Law Center presenting a gift to Professor William Hui-yen Hsu at the end of the lecture

Professor Hsu observed that Taiwanese domestic courts have increasingly used the ICESCR as tool for implementing and enhancing domestic law, and confirming the legality of administrative acts. Training is developed for judges and lawyers to deepen their understanding of the covenant. From 2009 to 2019, the ICESCR has been invoked in 94 civil, criminal and administrative cases before the Supreme Courts, primarily regarding the right to adequate standard of living under Article 11 (invoked 32 times), family rights provided by Article 10 (invoked 15 times), right to work stipulated in Article 6 (invoked 11 times), and cultural rights under Art 15 (invoked 10 times). In 30 of these cases, the Courts have positively applied the covenant. The Professor concluded his presentation with an overview of the landmark 2019 Asia Cement Company case where Article 15 of the ICESCR and Article 17 of the ICCPR have been called upon to give enhancement to the provisions of the Indigenous People Basic Law.

Conference on Methodology of researching and teaching of Chinese law in Russia

On 18 October 2019, the Saint Petersburg State University in collaboration with the Polish Research Center for Chinese Law and Economy, the Finnish Center of Chinese Law and Chinese Legal Culture, and Sino-Russian Legal Research Center of Jilin University will hold an International Conference on ‘Methodology of researching and teaching Chinese law.’

Time: Friday 18 October 2019, 10:00 – 17:40.

Venue: Assembly hall (room N 64), Saint Petersburg State University, 22nd Line of Vasilyevskyisland, 7.

The event is free and open to all that are interested in research and teaching of Chinese law to non-Chinese students.

The full program and list of speakers can be found in the conference programme.

For all inquiries please contact the Organizing Committee at chinalawconferencespbu@gmail.com.

About the Conference:

The Conference aims to create a platform for discussing and sharing ideas on the issues of Chinese law research and teaching in foreign universities, and to establish cooperation between specialists in relevant fields of Chinese law. The presentations focus on:

  • Defining the concept and the object of legal research.
  • Criteria for good legal research.
  • The role of practice in teaching and researching Chinese Law.
  • The contributions of comparative law to teaching and researching Chinese Law.
  • The interpretation of legal sources.
  • The use of interdisciplinary methods.
  • Quantitative empirical approaches to researching Chinese Law.
  • Building the syllabus for teaching different branches of Chinese Law.

The ILO 100th Anniversary Seminar of the University of Helsinki discusses also Chinese and Asian developments

The ILO 100th Anniversary Seminar – International Labour Standards Their Future Role in the Globalised World will be held on 18 September 2019 at the University of Helsinki.

This year marks the celebration of ILO Centenary. Participating in the worldwide anniversary, the University of Helsinki’s Faculty of Law takes this as an opportunity to look at the achievements, future challenges and prospects of the ILO. The Seminar, thus, provides a platform for discussion on the roles, monitoring and enforcement of international labour standards as well as the implementation of labour rights in culturally diverse legal systems and regulatory frameworks. The seminar will also discuss the experience of China and other Asian countries with the ILO.

A list of speakers and further information can be found in the seminar programme.

The illumination of the ILO building projecting the visual identity celebrating the Centenary. © ILO / Crozet M.

The seminar is open to the public. Attendees are welcome to register  by 10 September 2019 via the electronic form.

Introducing the China-EU School of Law

In recent years, China has grown to be one of world’s largest economies, being second only to the USA. The GDP increase also means that the living standards of many Chinese have risen and that the government had the necessary resources to further develop China’s legal system. For example, criminal law has changed tremendously, but so did the economic system in order to attract foreign investors. Thus, as a consequence of both globalisation and the increasing importance of China, the need for legal professionals who can effectively combine European and Chinese law has grown as well.

In this post, the Finnish China Law Center would like to introduce The China-EU School of Law (CESL), a manifestation of Sino-European cooperation.  CESL officially opened on 23rd October 2008 at the China University of Political Science and Law in Beijing. It was funded and established by the European Union and the People’s Republic of China. Moreover, it is the only Chinese-European school of law worldwide. For the last decade, CESL has devoted its resources to educating the Chinese and international lawyers of tomorrow. Additionally, it provides professional training for lawyers, prosecutors, judges and civil servants and promoted research and collaboration in order to develop a society based on the rule of law. Thus, the school has successfully become a medium for legal education, research, exchanges and, most importantly, a bridge between the EU and China.

The international academic alliance between 13 European Universities and 3 Chinese universities and institutions is coordinated by the Faculty of Law at Universität Hamburg. Over the years, more than 10.000 Chinese and European students and law practitioners have participated in the school’s activities and there are around 400 students every year. The master’s programme appeals to both Chinese and international students as it provides the essential elements to thrive in the competitive legal field.  While European students can enrol in the English-taught Master of European and International Law (LL.M.), Chinese students can study a Double Master’s programme which combines the LL.M. with a Chinese-taught Master of Chinese Law. Additionally, a new English-taught International Master of Chinese Law for international students will begin in 2019. Furthermore, there are academic exchange options as well: European students can study in China for one semester, while Chinese master students can do an exchange in Europe for two months and Chinese PhD students can spend up to a year in Europe.

Photo credit: China-EU School of Law

Regarding research, the China-EU School of Law focus on examining the legal issues that affect both China and Europe. Thus, the school promotes and enables research on Chinese law, European law, International law etc. Additionally, it is also a forum for legal discussion, as its partners and associates contribute to its research network. The school is ideal for those who enjoy a comparative approach to law, as European students learn about Chinese law and culture and Chinese scholars expand their international law knowledge. Apart from this, the school also offers courses and training for legal professionals who want to broaden their horizons on international matters.

At its 10-year anniversary last year, Mr. Nicolas Chapuis, Ambassador of the EU, stated that: “Since its establishment 10 years ago, CESL has proven to be a center of excellence in legal education. It also has created a unique platform for exchange between Chinese and European students, scholars and legal practitioners, promoting and fostering mutual understanding and learning. Those exchanges can contribute considerably to more and better cooperation in an ever more connected world.”

Furthermore, the celebration offered an amazing opportunity to reflect on the development of the school over the years and on the state of contemporary legal academic cooperation. Various high-level representatives (such as EU Ambassador Chapuis and the former Minister of Justice Mr. Zhang Fusen) and alumni had the chance to share their experiences and insights with current students and members of the CESL network.

To conclude, CELS has majorly contributed not only to creating an enduring alliance between China and the EU, but also as an exceptional example of international cooperation for other countries and continents.

(Thanks to Ms. Adelina G. Dobrila for contributing text for this article).

Nordic scholars meeting of China law activities

A Nordic meeting of Nordic level collaboration in China law activities was held after the 10th Sino-Finnish bilateral seminar. The meeting took place at the Headquarters of the Nordic Investment Bank in Helsinki on 11 June 2019. The meeting was attended by representatives of Universities of Helsinki, Turku, Eastern Finland, Örebro, Lund, Oslo, Copenhagen and Peking.

The participants were received by the Bank’s General Counsel and Head of Legal Department Heikki Cantell who gave the Nordic delegation an insightful introduction to the history, culture and mission of the Bank.

After the introduction, the delegation was given a presentation on the enforcement of transnational labour standards by international financial institutions from a Chinese perspective by Associate Professor Chen Yifeng from Peking University.

In the meeting, the participants discussed developing Nordic China law cooperation in terms of research and education activities where synergy could be sought by joint activities. Professor Ulla Liukkunen introduced recent Center activities that have a Nordic dimension. Several future opportunities were discussed and will be developed further under the preparation of the China Law Center and the Faculty of Law of the University of Helsinki.

Front row (left to right): Assistant Professor Wen Xiang (University of Copenhagen), Associate Senior Lecturer Ana Nordberg, Professor Ulla Liukkunen (University of Helsinki), Professor Ditlev Tamm (University of Copenhagen), Associate Professor Chen Yifeng (Peking University). Back row: Mr. Heikki Cantell (General Counsel and Head of Legal Department, Nordic Investment Bank), Professor Tuomas Hupli (University of Turku), Professor Laura Ervo (Örebro University), Postdoctoral Researcher Harriet Lonka (University of Eastern Finland), Professor Jukka Mähönen (University of Helsinki & University of Oslo), Professor Matti Nojonen (University of Lapland), Professor Kimmo Nuotio (University of Helsinki), Mr. Jani Mustonen (Coordinator, Finnish China Law Center/University of Helsinki), Mr. Stuart Mooney (Executive Assistant in the Legal Department, Nordic Investment Bank). Photo credit: Pamela Schönberg.

(Thanks to Mr. Jani Mustonen for contributing text for this article).

Yifeng Chen on Enforcement of Transnational Labor Standards

On 17 January 2019, Yifeng Chen, Associate Professor at Peking University Law School and Assistant Director of the Peking University Institute of International Law, gave a guest lecture at the Center. His topic was ‘Enforcement of Transnational Labor Standards by International Financial Institutions: a Chinese Perspective.’

Professor Chen noted that traditionally, International Financial Institutions (IFIs) had not been active in labor rights protection. However, since the late 1990s, the IFIs have grown more involved in labor matters. He pointed to the fact that since the 2000s, labor standards have been incorporated into the policy instruments of the IFIs, with examples set by the Asian Development Bank, the International Finance Corporation, the European Bank for Reconstruction and Development, the European Investment Bank, the Nordic Investment Bank, the African Development Bank and so on.

Professor Chen introducing the outline of his presentation, Faculty of Law of the University of Helsinki, 17 January 2019

 

However, IFIs’ approach to labor protection has been different from each other. Specifically, the levels of labor protection afforded are uneven among the institutions and the enforcement of labor rights remains diverse in practice. Additionally, institutionalization of labor standards within the financial institutions varies in terms of degree and means. In the course of this development, the ILO has played a very important and indispensable role in the dissemination of knowledge and expertise about labor standards.

Professor Chen posited that IFIs’ growing engagement with labor protection has created a recognized body of labor standards that are formulated, applied and enforced in a transnational context. The application of labor standards is project-specific, and is not based on the principle of personam jurisdiction, but instead the principle of in rem jurisdiction, linked to projects financed by the IFIs.

He then discussed what constitutes the content of IFI labor standards. All four ILO core labor standards, namely freedom of association and collective bargaining, prohibition of forced labor, prohibition of child labor, and non-discrimination in respect of employment and occupation, are generally recognized. Additionally, IFI labor standards may involve safe working conditions and other workers’ rights. His presentation also illustrated how controversial labor standards recognized by the IFIs are by referring to the World Bank’s position regarding the highly politically sensitive issue of freedom of association.

Stuart Mooney to depart from the China Law Center

The Center coordinator Stuart Mooney has decided to move on and his last day with us is 21 January 2019.

We are thankful for all the work Stuart Mooney has done for the Center. His talent, hard work and commitment have been valuable assets, and without doubt, contributed to the success of the Center, says Director Ulla Liukkunen.

Mr. Stuart Mooney, in the center, pictured with the interns of the Finnish Center of Chinese Law and Chinese Legal Culture, 18 January 2019.

 

 

ChinaLawInfo is accessible to the student and staff of the member institutions

What is ChinaLawInfo?

Chinalawinfo is an advanced legal information retrieval system launched jointly with Peking Univerisity’s Legal Information Center. With continual improvements to technology and additions to content, ChinaLawInfo has evolved over the last 20 years into the largest and most professional legal research system in China.

The accessible databases are:

1. Laws & Regulations Database (法律法规) – www.pkulaw.com/law

2. Judicial Cases Database (司法案例) – www.pkulaw.com/case

3. Law Journal Database  (法学期刊) – www.pkulaw.com/journal

4. English Translations Database – www.pkulaw.com/english

5. Special Reference Database (专题参考) – www.pkulaw.com/reference

6. Law Firms Practice(律所实务)- www.pkulaw.com/lawfirm

Introduction to ChinaLawInfo databases and users guide of the Chinese language databases

For the English database, users can refer to the “search tips” in the English webpage http://www.pkulaw.com/english.

 

How can I access ChinaLawInfo?

The Center, with the help of the libraries of the Member Institutions, has made access to ChinaLawInfo available to the students and staff of its member institution. Each library has one computer from which ChinaLawInfo can be accessed:

 

Aalto University, Harald Herlin Learning Centre
Hanken School of Economics Library

 

University of Eastern Finland, Joensuu Campus Library
University of Helsinki Library, Kaisatalo 4th floor

 

 

 

 

 

 

 

Students at the University of Lapland can access ChinaLawInfo from any of the computers on the first and second floor of their library.

Students at the University of Tampere can access ChinaLawInfo from one of the computers on the third floor of their library.

Students at the University of Turku can access ChinaLawInfo from the Calonia computer class (room Cal 230), 2nd floor of the Calonia building, the building for Faculty of Law.