An interview with Prof. Kimmo Nuotio (Part II): Experience with Belt-and-Road and Chinese collaborations

Introduction to this blogpost

This is Part II of the two-part blog post on the interview with Prof. Kimmo Nuotio on his thoughts and recollection of the China Law Center, as well as other aspects of Chinese collaboration, including the Belt-and-Road Initiative. The interview has been done by our research assistant, Ngor Sin. Part I can be found here.

In Part II, we cover Prof. Kimmo Nuotio’s participation in Belt and Road Initiative-related projects, and his general experience of collaboration with Chinese scholars and education institutions. He also gave very insightful comments on his personal approach of how to collaborate with Chinese colleagues.

New Silk Road Law Schools Alliance and the related publication

One of the biggest efforts in BRI regarding legal science collaboration is the New Silk Road Alliance of Law Schools, which Prof. Nuotio has knowledge since the Alliance’s infancy. He recalled that during his visit to Xi’an Jiaotong University in 2014 to give the opening lecture of a Silk Road-related seminar, there was a discussion between him and the then-Dean of Faculty of Law of Xi’an Jiaotong University Wenhua Shan. During the talk for furthering cooperation between Chinese and foreign law schools, the idea of some new arrangement was developed. After some further exchanges and preparation especially on the Chinese side, the alliance was launched in 2015. From the start, the alliance aimed at bringing together high-quality Chinese and foreign law schools and having a regular platform for exchange of ideas and possible collaborations. Each year, the Alliance would hold Dean Meetings (such as the ones in 2016) as well as other academic conferences to discuss BRI-related topics.

Prof. Kimmo Nuotio signing the documents, bringing the University of Helsinki Faculty of Law in to the New Silk Road Law School Alliance in 2015.

The publication “Normative Readings of the Belt and Road Initiative” is the direct result of the conferences. This book is an early reflection of the legal aspects in BRI. In Prof. Nuotio’s opinion, BRI is mainly a foreign policy concept, but it is interesting to conduct research on this policy, as the legal aspect of BRI comprises of not only Chinese law, but also international law, especially rules regarding how China deals with its neighbours, how the BRI investments are made and are protected by legal regimes. He also mentioned the reason for this publication is to make the best use of materials published in the conferences, as he believe that all collaborations should be serious and should result in some sort of published works, so that the world at large also can read about the results of the academic collaborations.

“Normative Readings of the Belt and Road Initiative” offers normative readings on China’s master plan on foreign affairs, in the context of China as the rising power Covers fields including legal philosophy, Chinese philosophy, labor protection, financial mechanism, environmental protection and other non-trade aspects of the BRI Written for researchers and governmental actors.

General Experience of collaboration with Chinese scholars and institutions

Talking about his experience in China, Prof. Nuotio is very positive about his collaboration as well as visits in general. His recent seminar in Peking University on sexual offences was a success. The proceedings of the seminar, including Prof. Nuotio’s presentation and responses from the audience was recently published online (in Chinese), which Prof. Nuotio is very pleased to hear about. For him, although scholars are often responsible for high-level abstract knowledge production, there must be some groundwork done in order for the legal systems to develop. He also noticed that despite the geographical differences, discussions about problems arising from the legal systems of different countries, such as China and Finland, are almost always the same, thus comparative studies would play a vital role in assisting the development of legal systems.

Prof. Kimmo Nuotio sharing the Finnish experience in development of criminal law concerning sexual offences in Peking University in 2019.

From there, Prof. Nuotio also spoke about his general perception about collaboration with Chinese scholars and institutions in general. He regarded Chinese scholars highly for their openness and frankness. As a criminal law professor, he reckoned that sometimes society has wicked problems that must be confronted and solved, and scholars must be able to openly and freely discuss these problems. He noted the importance of scholars to be able to speak and exchange ideas freely, as only honest and frank exchanges among scholars are meaningful and productive.  He also noted the huge differences in social and political systems between Finland and China, and thought that it is the scholars of that legal system to solve their respective problems with their own ways. The academic exchanges were, in his opinion, rather to tell about experiences on how the respective sides have dealt with the problems commonly faced, and what are the reflections of developments or policies concerned.

Background of Prof. Kimmo Nuotio

Prof. Kimmo Nuotio is a renowned legal scholar with Chinese collaboration experience. He is currently the professor of criminal law at University of Helsinki and is chairing the Strategic Research Council. Previously, he was the Dean of the Law Faculty at University of Helsinki between 2010–2017, and was also the chair of the board of China Law Center between 2013–2019. He also has experience in collaboration with Chinese scholars and working with Chinese materials, including several seminars given at Chinese universities and academic institutions, as well as a journal article on comparative perspectives between Finnish and Chinese law — “the transformation of criminal law and criminal law theory in Finland and China”. He also recently edited a book concerning the Belt and Road Initiative — “Normative Readings of the Belt and Road Initiative”. He was also appointed as a member of Peking University Law School’s new Global Faculty in 2018.

An interview with Prof. Kimmo Nuotio (Part I): The development of the China Law Center from its infancy

 

Introduction to this blog post

In this two-part blog post, we would be reporting on the interview of Prof. Kimmo Nuotio, done by our research assistant, Ngor Sin. In the interview, Prof. Nuotio talked about how the China Law Center was first conceived and subsequently established, followed by his participation in the scholarly efforts on the Belt and Road Initiative and New Silk Road Law Schools alliance. Lastly, Prof. Nuotio recalled his personal experience and views on collaboration with Chinese scholars. Part II can be found here.

The first part of this interview blog post would cover Prof. Nuotio’s experience with the China Law Center, as well as his personal opinion on the impact and development of the work done by the  Center. In the second part, we would cover Prof. Nuotio’s participation in collaboration with Chinese scholars in general, as well as his recent involvement in the Belt and Road Initiative scholarly efforts and the New Silk Road Alliance of Law Schools.

The birth of China Law Center

Prof. Nuotio first recalled how the idea of establishing the China Law Center came about. In 2009, the Institute of Law, Chinese Academy of Social Science (CASS Law) and the Academy of Finland agreed to collaborate in the field of comparative law, related to rule of law topics. Such collaboration resulted in several comparative law conferences held among Finnish and Chinese legal scholars, which has become a tradition since. Details of the conferences are reported on our blog: 2019, 2018, 2017).

According to Prof. Nuotio, the actual plan of building a China Law Center has been materialised in 2012-2013. Given the increase in collaboration, it has been noted that a coordinating unit between Finnish institutions and Chinese institutions is needed. Therefore, around 2012, discussions regarding the establishment of such unit initiated among the Finnish institutions, and the Center was formally launched in 2013. While the Center is based at the University of Helsinki, the whole Sino-Finnish collaboration, including the establishment of the Center, is a joint effort among all the Finnish institutions, which eventually become members of the Center.

Representatives of the Center, the Academy of Finland and the Faculty of Law of University of Helsinki visited Peking University Law School in 2013

Impact and other Thoughts about the China Law Center

On the questions regarding the impact of the China Law Center on Sino-Finnish collaboration, Prof. Nuotio is very positive about the Center’s work. He referred the Center as a national center for coordination of Sino-Finnish research efforts in legal sciences. Another notable achievement that the Center has obtained would be the China Law Center collection, which has been built with the assistance of the Center’s Chinese partners, notably Faculty of Law of Peking University, and is currently hosted by the University of Helsinki Library.

On the impacts that the China Law Center might have been exerting on the scholarly scene, Prof. Nuotio noted that research efforts are usually not easily quantifiable. Instead, it is the existence of the China Law Center that leads to many other possible Sino-Finnish collaboration. In his opinion, the China Law Center presents an alternative to the Chinese scholars on possible collaboration partners and opportunities. Through the Center, Chinese scholars have started to explore European and particularly Nordic legal tradition. Although the Center is not the only European institution engaging the same kind of work, it is the first one in the Nordic countries.

CASS President and delegation visiting the China Law Center in 2017

Prof. Nuotio remarked that the China Law Center is like a baby that he has built from scratch, since he has been involved in the establishment of the Center, and later was also heavily involved in the strategic development of the China Law Center. He is now very happy to see the Center’s current development and that it is very active in Sino-Finnish collaboration. He is also please to notice that every member institution of the Center is making the best use of the Center, and hope that this will continue under the new leadership of the Center’s Board.

In the next part, we will talk about Prof. Nuotio’s personal experience in Chinese collaborations and his recent involvement the Belt and Road Initiative-related projects.

Background of Prof. Kimmo Nuotio

Prof. Kimmo Nuotio is a renowned legal scholar with Chinese collaboration experience. He is currently the professor of criminal law at University of Helsinki and is chairing the Strategic Research Council. Previously, he was the Dean of the Law Faculty at University of Helsinki between 2010–2017, and was also the chair of the board of China Law Center between 2013–2019. He also has experience in collaboration with Chinese scholars and working with Chinese materials, including several seminars given at Chinese universities and academic institutions, as well as a journal article on comparative perspectives between Finnish and Chinese law — “the transformation of criminal law and criminal law theory in Finland and China”. He also recently edited a book concerning the Belt and Road Initiative — “Normative Readings of the Belt and Road Initiative”. He was also appointed as a member of Peking University Law School’s new Global Faculty in 2018.

Sanna Kopra and the Quest to Understand China’s Climate Politics and Arctic Agenda

Global warming and climate change is a topic that we see and hear about on a regular basis. When discussing climate change, it is impossible not to mention China. Sanna Kopra is a post-doctoral researcher in the Arctic Centre located in the University of Lapland and a visiting scholar in the Aleksanteri Institute located in the University of Helsinki and she has conducted extensive research into China in relation to climate change. Before examining her current activities in more detail, let’s revise her impressive academic history in the field of China.

Sanna has been interested in China for a lengthy period. Her interest was first sparked during her undergraduate studies, when she minored in Asian studies through the Finnish University Network for Asian Studies. “China had just become the biggest emitter of greenhouse gases and it protested all attempts at setting emission reductions for developing countries. I examined China’s rhetoric in international climate discussions in my undergraduate thesis and this is something that still intrigues me”, Sanna reveals.

In addition to researching and studying China, Sanna has studied Chinese both in Finland as well as in China. Originally, Sanna envisioned taking advantage of her Chinese skills in her studies, but when her research developed and became more theoretical, there was no immediate need to utilize materials in Chinese. “For that reason, my Chinese skills have become more passive. In terms of my research, this is fine, as I’m interested in China’s role in international politics rather than China’s domestic policies”, Sanna observes.

Sanna has undeniably been active in her China studies. She obtained her doctoral degree in 2016. Her doctoral dissertation focused on China and the International Practice of Climate Responsibility. In addition to being a board member at the Finnish Peace Research Association, she is also a board member at the Nordic Association for China Studies.

Sanna Kopra (to the right) receiving the award for her paper on ‘China and International Climate Responsibility: Agency and Institutional Change.’ Photo credit: Liisa Kauppila.

All of her hard work in researching China and climate responsibility has certainly paid off. She won the International Studies Association English School Section’s Outstanding Research Paper Award last spring in the Junior Scholar category for her paper on ‘China and International Climate Responsibility: Agency and Institutional Change.’ Sanna divulges: “Barry Buzan, one of the gurus in the field, commented on the paper: ‘well done, read more, and carry on’. This alone was very reassuring for a young researcher like myself, but the award was the icing on the cake!”

Sanna has also recently published her first book named ‘China and Great Power Responsibility for Climate Change’, which deepens her earlier work on China and climate responsibility.

“Environmental responsibility is a meaningful way for China to define great power responsibility, and thereby legitimize itself as a great power. Although China has several domestic reasons to control climate change, Beijing is also unwilling to sacrifice its economic interests for the environmental good. This is why the European Union has a significant role – with ambitious climate politics the EU can encourage China to take even bigger responsibility”, Sanna discloses.

Cover of Sanna Kopra’s book, “China and Great Power Responsibility for Climate Change” (Routledge 2018). Picture credit: www.routledge.com.

The withdrawal of the USA from the Paris Agreement, and people’s increasing interest in the environment and sustainable development in general, underline the fact that Sanna’s book concentrates on an exceedingly current topic. Sanna flashes that she could even consider writing another book one day, but about China’s Arctic politics.

Indeed, several countries are interested in the Arctic and their resources, and China is no exception. One indication of China’s interest in the region is China receiving an observer status in the Arctic Council. This means that even though China has no voting rights, it can now participate in the Arctic Council as an observer country. Furthermore, the Arctic is “an important region for environmental sciences and China is interested in knowing how Arctic climate change can influence China in relation to food safety and weather phenomena, to name a few”, Sanna explains.

The Academy of Finland recently awarded Sanna with a three-year grant for her research on the rise of China and the normative transformation in the Arctic region in spring 2018. She is currently examining how the rise of China is shaping the processes in which notions of responsibility are defined, allocated and operationalized in the Arctic.

“While China’s Arctic interests have been studied a great deal, most of that research has failed to consider which values and norms actually guide China’s Arctic activities, or how China’s growing role in the area challenges the already existing norms and practices in the Arctic areas”, Sanna clarifies. This is what her current research delves into.

Sanna Kopra on a research exchange in Tromsø, Norway. Photo credit: Sanna Kopra.

When asked about her 2018 highlights, her response is immediate: publishing her first book and receiving a grant from the Academy of Finland. 2019 has also started memorably, as she is spending the first couple of months on a research exchange at the University of Tromsø in Norway. “I hope to learn a lot about Arctic politics and I look forward to meeting new people. I also wish to see amazing scenery – despite the polar night!”

China’s New Food Safety Law a ‘Milestone’ in China’s Legislative Reforms: Dr Harriet Lonka, University of Eastern Finland

China’s new Food Safety Law was issued in 2009 and revised in 2015. For Post-Doctoral Researcher Harriet Lonka, the chance to be a visiting scholar at Peking University Law School and research this important legislative reform was an opportunity not to be missed.

Dr Harriet Lonka, from Finnish China Law Center member institution the University of Eastern Finland (UEF), was a visiting Post-Doctoral Researcher at Peking University from 1 October to 17 November 2017.

The highly respected Peking University is a key strategic partner of the Finnish Center of Chinese Law and Chinese Legal Culture, as detailed in the recently published Report on the First Four Years of the Center.

‘My research in China focused on the new Chinese Food Safety Law. This legislation is an important milestone in China’s legislative reforms and also a key issue concerning trade policy and China’s relations with its international trade partners, especially the WTO’.

During her time in Peking University Law School, Dr Lonka worked closely with Chinese legal scholar Professor Chen Yifeng.

Professor Chen is also a Docent at the University of Helsinki and played a key role in establishing and growing the Finnish China Law Center.

Dr Lonka has a long background in the field of risk management studies, and during her PhD studies she studied the Finnish government’s Security Strategy work and how it effects the shaping of legislation.

‘Chinese Food Safety legislation is comparable in its target and format to the risk regulation tradition in Europe and in Finland’, Dr Lonka says.

‘In my current research, I focus on the aspects of the implementation of the law that have been identified as potential ‘Achilles heels’ of enforcement of the Food Safety Law in China’.

Dr Lonka believes that there are new and interesting challenges in applying measures of risk surveillance, risk management and risk communication at different levels of administration in China.

Post-Doctoral Researcher Dr Harriet Lonka (University of Eastern Finland), during her study visit to Peking University Law School, 2017

Given the angle of her research, she envisages many more opportunities for fruitful research cooperation with Chinese colleagues in the future.

Dr Lonka’s research was also supported by the fact that she had contacts to the local level administration and foodstuff producers in Hunan Province, which enabled useful data collection in the field.

The opportunity to conduct research not only in Beijing, but also in Hunan Province, was beneficial in many respects, Dr Lonka says.

‘My study visit provided me a lot of important background knowledge and new understanding of Chinese legislation, how it is created and implemented. This is of great interest to me as my own research field is legislative studies. Legislative studies concentrate on how laws are drafted and implemented and what defines their effect’.

One area of particular interest to Dr Lonka is the question of ‘decentralized development’ in China.

‘I would wish to better understand the structures and mechanisms for guidance and supervision from the central government level to provinces and further to the local level in China’.

‘The study of Chinese Food Safety Law provides an excellent case study to scrutinize these phenomena. I think this research focus can help us in general better understand the ‘many faces of China’ and how that effects the legislative processes and implementation of the administrative laws in the country’.

Dr Lonka is grateful for financial support from the Finnish China Law Center and the Saastamoinen Foundation, and for the support of her Finnish supervisors: Professor Ulla Liukkunen from the University of Helsinki / Finnish China Law Center, and Professors Anssi Keinänen and Katja Lindroos from UEF.

Working as Visiting Researcher in Leading Chinese University Gives Fresh Perspectives on China-Africa Relations, Global Governance and International Law

Dr Obert Hodzi, a postdoctoral researcher and Sino-Africa relations scholar in the University of Helsinki, recently returned from a six-week stint as a Visiting Scholar in Renmin University, China. Renmin University is a key partner of the Finnish China Law Center. The strong links between the Center’s 10 member institutions, including the University of Helsinki, and Renmin University are detailed in the Report recently published by the Center.

Upon his return, the Finnish China Law Center took the opportunity to discuss with Dr Hodzi his experience as Visiting Scholar at one of China’s best universities, and to learn more about his current research into Chinese politics and law.

Finnish China Law Center: Congratulations on your appointment as a Visiting Scholar at Renmin University. Before we discuss that experience, could you please say a little about your background?

Dr Hodzi: I’m a Postdoctoral Researcher in the Department of Cultures at the University of Helsinki. Before joining the University of Helsinki, I was a visiting scholar at the Institute for Peace and Security Studies, Ethiopia. I have also worked for various international and regional organizations in my home country of Zimbabwe, as well as Kenya and Germany on projects about democratic governance and transitional justice.

Finnish China Law Center: Can you explain your main research interests?

Dr Hodzi: I’ve long had an interest in China’s international political and legal engagement, including in relation to Africa. I obtained my PhD from a Chinese university, Lingnan University in Hong Kong, where I researched political and legal aspects of China’s military engagement in Africa. My current research focuses on emerging powers and global governance. In particular, I look at China-Africa security relations and politics in Africa, including the domestic and legal implications of China’s engagement.

Finnish China Law Center: How was your research assisted by working as a Visiting Scholar in China?

Dr Hodzi: Having lived and worked and lived in both China and different Africa has given me a more nuanced understanding of the different political and legal cultures and orders at play across China and throughout Africa. I’ve come to appreciate that reading, discussing and researching about China is nothing compared to seeing it in real life! This certainly was my realization during my research in mainland China. Being able to discuss with scholars, practitioners and other relevant actors in China – both Chinese and from other countries – enriched my research and has opened new avenues of future collaboration for which I am very grateful.

Finnish China Law Center: The Finnish China Law Center recently co-organized the annual China Research Day and Asian Studies Days. The theme of both events was US-Sino relations and the consequences for Asian security. How does your own research bear on this issue, including from the perspective of international law?

Dr Hodzi: This theme is timely and important, and it connects directly with my current and future work. Over the next two years my research focus will be on the Chinese model of development and governance in Asia and Africa. As China gets comfortable in its global primacy role, all roads are leading to Beijing. In the jostling for a piece of the China cake, there is obviously bound to be conflict and contractions regarding international law. For instance, this is seen in the case of the South China Sea dispute, as was discussed during the China Research Day and Asian Studies Days events, as well as anti-dumping measures against Chinese companies. I would also say that security issues will become even more important for both China and other countries as Chinese firms and citizens go abroad.

Dr Hodzi, Visiting Scholar at Renmin University, with a friend outside the Forbidden City, Beijing, September 2017

Finnish China Law Center: You are helping organize a Conference on the so-called ‘Chinese model’ of governance next year. What thematic ground will be conference cover, and why is the conference important?

Dr Hodzi: The Confucius Center at the University of Helsinki is organizing the Helsinki Conference on Chinese Model of Governance. It will be held on 20 March 2018. During the conference, scholars from Finland and abroad will re-visit discussions of the Chinese model of governance. The old and new features of President Xi’s model of governance will be discussed at length. The conference is important because the bulk of contemporary scholarship on the ‘China model’ questions whether such a model even exists. And even those who acknowledge the existence of such a model debate its characteristics. In light of this ongoing debate, the conference will discuss the various manifestations of the Chinese model of governance. These manifestations range from local governance, local election, civil society to economic policies. A particular strength of the conference will be its interdisciplinary nature, using a variety of perspectives such as critical empirical case studies. I’m already excited about it! We have great keynote speakers, too: Oscar Almén, Uppsala University, Sweden, and Zhongyuan Wang from Fudan University, China.

Finnish China Law Center: Finally, we understand that your book will be published shortly. Congratulations, and could you please say a little about it?

Dr Hodzi: My book, The End of a Non-intervention Era: China in African Civil Wars, will be published by Palgrave Macmillan (London) next year (fall 2018). I hope that it will help set the research agenda on emerging security issues emanating from China’s going out strategy. China is moving, and taking the world with it!

More on Dr Hodzi’s academic work can be found in his University of Helsinki Tuhat page.

Featured Researcher: Professor Matti Nojonen

Mr. Nojonen is well-known for his research in Chinese strategic thought and is the first to translate the widely cited Sunzi, The Art of Warfare, from Chinese to Finnish. He has a long history in researching the history of the Chinese political system and ideology, as well as China’s economy and business. Mr. Nojonen has taught at top-class Finnish and Chinese Universities such as Aalto, Fudan and Tonji Universities, and he is currently a Professor of Chinese Society, Culture and Economy at the University of Lapland.

His most current research topics include Chinese regional business patterns, Chinese strategic culture, and the societal and economic transformation of China. The topics of his research are closely linked to legal and administrative issues in China, for instance the concept of “guanxi” (personal relations, or social networks and influential relationships) in Chinese society and economy. “As we all are aware, guanxi and the deviant behaviour of guanxi is tightly connected to issues of corruption; bending the law and regulations, back-dooring and so on.” Other current topics include what Mr. Nojonen calls “doing basic research” – conducting interviews and digging into the Chinese archives – on the 5 Year Plan Structure and regulatory framework, or the lack thereof, at national and local levels.

Mr. Nojonen has observed great improvement in Chinese legal structures and practices over the last decades. He views China’s transformation towards a rule-based society as a necessity for further economic development. However, difficulties still exist: “The persisting flaws and to a certain degree an unpredictable environment are not only a part of the structural problems in the Chinese economy, but also cause challenges at the practical level of doing business in China. This is the broad framework where economics, business and law intersect, and there are dozens and dozens of research questions that could and should be studied within this framework.” When asked about the basic characteristics of legal practices in China, Mr. Nojonen pinpoints the relevance of China’s political structure, where the role of the Communist Party is especially strong. As an example, he mentions the ongoing discussions about constitutional rights and the controversies involved. “The interest of the party sometimes overrule the very same constitutional rights the constitution should guarantee.”

To understand the true beginnings of Chinese legal culture, Mr. Nojonen takes a more philosophical approach. “I would personally like to make a more philosophical research trip into Chinese legal thinking and practices through a concept of coined by a contemporary Chinese philosopher, Li Zehou. He has published widely in a number of fields and has been one of the most influential thinkers within the Chinese-speaking world (both inside and outside China) since 1980’s. In his works on traditional Chinese philosophy, he coined a concept of “practical rationality,” which he used to analyze all major philosophical schools of China, particularly Confucianism. I would like to utilize this concept and apply it in studying Chinese legal thought.”

In recent years, Mr. Nojonen has written on China’s overseas investments and their discrepancy with China’s non-interference policy, whereby China does not interfere in other countries’ internal affairs and expects others to respect its own sovereignty in return. Accordingly, China’s overseas investments follow a much-cited “no strings attached” policy: money without political commitments or conditionality. “The topic of “no-strings attached” finance should be seen in a broader view. It is tightly attached to Beijing’s foreign policy of “non-interference.” This discussion is politically highly sensitive, as Beijing has been sticking to its non-interference principle, and claiming that its finance does not have strings attached. These principles are also linked to Beijing’s self-promotion as an alternative to U.S. (and Western) hegemonistic global policies,” Mr. Nojonen says. He reminds that Beijing had for a long time criticized the U.S. for using its national interests as a tool for legitimizing its foreign aggression and setting political and economic demands on developing countries.

However, times have changed and China has become the second biggest investor in the world. China’s expanded interests have influenced China’s conceptions of its foreign policy as well. “I believe that China, like any great power, will defend its national interests overseas by various means.” As Chinese state-owned banks, financial institutions and companies are increasing their global footprint, the role of “hidden strings” is becoming more evident: “We found in our study that China sets conditions for its financing. We also found that China is actually interfering in other countries’ internal affairs. The Foreign Policy Journal recently published similar conclusions; Chinese money with set conditions in South America.”

Beijing has also provided itself with jurisdictional powers to extend its national interests beyond its borders. “For instance, the latest Chinese Anti-Terrorist Law outlines Beijing’s expanded responsibilities by stating that China has the right and obligation to protect their companies, people and assets abroad, if they fall under threat. How do you do that without interfering into another country’s internal affairs? I believe that in this sense, China is not an exception from other great powers – it will defend its national interests abroad when the stakes are high enough.”

With two such different cultural settings, norms and histories as China and the West, increased presence of Chinese institutions and companies in western societies will certainly pose challenges. “Chinese companies are coming to our markets, bring welcoming capital and know-how, and access to local networks and markets. However, there will be challenges for both sides. Firstly, Chinese companies and managers are not necessary familiar with ”strange creatures” like free press, aggressive and active NGO’s, and strong labour unions with their collective contractual mechanisms – three examples of sectors that operate completely differently in Finland or Europe than in China. The labor rights in China, despite of governing Communist ideology, are still rather undeveloped. In our system, there are very few possibilities of using the ”back-door,” contracts tend to hold, and the legal system isn’t corrupt, nor are state officials.” Put it short – major practical differences between our societies still exist, despite the fact that China has already adopted many Western practices into its society, especially in the legal sphere.

However, change happens in both directions, and Mr. Nojonen is intrigued to see how the West will adapt its institutions, standards and regulations in the long run to enable smoother cooperation with Chinese counterparts. “There are certain fields where China will be or is already in the position of making standards and regulations on a global scale, for instance in mobile payments and future 5G and 6G mobile network standards.” Mr. Nojonen refuses the idea that all developing countries should follow the Western model, and does not consider the cultural exchanges between China and the West to occur in a linear fashion. “I think that the yin-yang ball is a more appropriate metaphor. Both are mutually shaping each other without ever taking over the other. It is a constantly moving and self-generating process that is determined by all of us, separately and together, at the same time.”

Author: Cristina D. Juola

Why study Chinese law? – Read answers from international scholars

Three law professors from the United States, Denmark and Hong Kong SAR, have kindly accepted the Center’s interview requests and shared their insights on researching and studying Chinese law.

larry-cata-backer-copyProfessor Larry Catà Backer

W. Richard and Mary Eshelman Faculty Scholar, Professor of Law and International Affairs, Pennsylvania University

How did you start your research or study of Chinese law?

Professor Backer: I became interested in Chinese law when I was trying to understand the Cuban Leninist system, which was an endeavor that came partly out of my Cuban heritage. I realized quite quickly that I couldn’t understand the Cuban system before I had a proper understanding of the Chinese system. Ever since I opened the door of research on Chinese law, it has been a fascinating area to me. Nowadays I still do some work comparing the Chinese and Cuban approaches.

Why do you think the study of Chinese law is relevant to practitioners and law students?

Professor Backer: For Chinese, studying Chinese law has to be done in global context, in the sense that changes and reforms of Chinese law are not only relevant to China, but also relevant to the development of fundamental legal areas. This is especially true with China’s one belt-one road policy and the law it is likely to generate. For westerners, Chinese law is critically important because we are engaging with China in many different areas. As a result, changes in Chinese law have significant implications. Also, foreign investment in China has made westerners keen to become interlocutors about Chinese law. In addition, China has become a major world actor, like the US and Germany, to the extent that its legal system is critically influential and important to other countries.

Can you recommend some interesting and topical areas of Chinese law to law students?

Professor Backer: Some of the critical areas that would be interesting to practitioners and law students are: foreign investment, investment arbitration, dispute resolution and litigation process. In addition, the fight against corruption and assets repatriation is a great area where foreign and Chinese law intersect.

 

ditlev-tamm-copyProfessor Ditlev Tamm, University of Copenhagen

How did you start your research or study of Chinese law?

Professor Tamm: My starting point was not the law but Chinese culture. I’ve been for many years fascinated by Chinese culture, particularly poems, philosophy, history. I am also interested in comparative law. My approach to Chinese law is thus based on both an interest in Chinese culture and the question of how this culture interacts with the law. I believe that also for lawyers, it is important to learn about Chinese culture, since Chinese law has a strong foundation in value and culture.

Why do you think the study of Chinese law is relevant to practitioners and law students?

Professor Tamm: It is easy to answer this question. Nearly 20% of inhabitants of the world live in China and China is a growing world power. What is happening in China therefore has worldwide influence. In this globalized world, western lawyers and law students should have at least some basic knowledge about Chinese law as part of their general knowledge base.

Can you recommend some interesting and topical areas of Chinese law to law students?

Professor Tamm: At least three areas are interesting. The first area that students should be acquainted with is the interaction between traditional Chinese culture and the modern legal system. Traditional Chinese philosophy still plays an important role in the development of law and the way the law is handled in modern China.  Therefore, an understanding of both the legal philosophical side and the practical side of Chinese law is a basic prerequisite to grasp what is going on.

The second area that is important for student to learn about is how China has worked over the last decades to build a legal system that encourages foreign investment in China. Therefore, law students should be aware of not only law, but also the basics of doing business. In addition, it is important for law students to understand the tension between economic relations and the perhaps less important role of law in Chinese society compared to other factors.

The third area important for student to understand is the current progress of legal reform in China. Students from a western background should understand that the foundations and assumptions of the Chinese legal system are very different from those of the western systems. As a case of comparative law, it’s important to try to understand the tensions of reforms, in which different currents are meeting each other and may lead China’s legal reform to different directions. The Chinese system is closed, and it is often difficult to get information and to understand what actually happens. Westerners should, however, closely observe the development of China’s legal system. It’s always useful to understand different values behind different legal systems, and the legal reform in China is of great importance outside China.

 

mimi-zou-copyAssistant Professor Mimi Zou, the Chinese University of Hong Kong

How did you start your research or study of Chinese law?

Professor Zou: I started to research Chinese law at the end of my economics degree when I was researching Chinese labour issues for my honours thesis on multinational companies operating in China. I went on a student exchange to Tsinghua University School of Economics for a semester and it was next door to the Law School. As I was studying economics and law at the same time, I would occasionally drop by the law school to attend some of the lectures. As I started to do consultancy work at the International Labour Organisation shortly afterwards, I became very interested in the interaction between international law (specifically international labour standards) and Chinese law.

Why do you think the study of Chinese law is relevant to practitioners and law students?

Professor Zou: Given the economic and political significance of China in our era of globalisation, understanding some basic aspects of the Chinese legal system would be of immense utility to law students and practitioners in any part of the world. Also, studying Chinese law is indeed fascinating!

Can you recommend some interesting and topical areas of Chinese law to law students?

Professor Zou: There are too many topics out there for me to recommend! As a comparative lawyer, I would suggest identifying an area/issue of law that you find interesting in your own jurisdiction and see how Chinese law addresses the issue.

By Dr. Zhang Yihong

 

 

 

 

 

Featured Researcher: Professor Johanna Niemi

Professor Johanna Niemi
Professor Johanna Niemi

Professor Johanna Niemi is Professor of Procedural Law at the University of Turku and expert in insolvency law, in particular on issue of debts of private individuals, as well as in gendered violence.

Johanna Niemi is the principal investigator of the Academy of Finland research project “Gendered Choices in Structures of Law and Gender”, carried out jointly with CASS, Institute of Law. This research project studies law and gender as the central social structures constricting the choices by women and men. In her opinion exchange of ideas and co-operation with Chinese scholars in this area is very important as both societies deal with similar issues, among which violence against women, “but also more general equality issues, such as discrimination on the basis of maternity” she says.

Professor Niemi underlines however that it is quite impossible to compare the level of gender equality in such different political and cultural contexts as the Chinese and the Finnish. Therefore the collaboration, based on the exchange of information and ideas, is really about learning from another legal system to gain new perspective to approach your own. She adds that “sometimes you learn to appreciate your own; sometimes it helps to see problems or solutions that you would not have thought about otherwise”. Therefore, thinking of the impact that this project will have, Professor Niemi hopes to provide support to her Chinese colleagues. While attending various round-tables and other academic events, she perceived that Chinese scholars value the opinion of their Western colleagues. Even more, as they have a lot of expertise themselves, they ably ‘pick and choose’ what fits their society best. Professor Niemi reminds however, that this learning process is not a one way stream and Finland could also learn from China. The respect for cultural values and long cultural tradition is worth to be explored as well as how the different historical impacts are reflected in contemporary society and law.

 In June 2014, Johanna Niemi has been chosen as Finnish Academy Minna Canth Professor to conduct her research project on perception of gender and equality. Professor Niemi admits she admires Minna Canth for her inspirating social justice feminism and her determination in seeking constructive discussion with the contemporary public thinkers. “I like the way in which she challenges the critique that feminism is a movement for middle class women’s rights (only)”, she says. Although, Niemi believes she was born a feminist, and brought the feminine inclination already in her doctoral dissertation on debt adjustment, she fully embraced the gender perspective in her post-doctorate research. When she started to look for a new research focus in the procedural law field, Niemi realized that “that violence against women and procedural law is a theme that no other procedural law scholar is going to take up”. Undeniably, it is the awareness of human rights issues that she developed since her teenage years that encourage her to take on this responsibility. It is for the same close connection with human and fundamental rights that Niemi finds her interests in criminal procedure and crime investigation, and will always work on the debt issues of ordinary people.

As Johanna Niemi built her expertise in law, she lived and worked in every important place around Finland: Helsinki, Turku, Vaasa and Rovaniemi. There is no doubt that she would be one of the best people to advice visiting scholars on what to visit and do while in Finland. Turku, Rovaniemi and Oulu all have a magnificent river and a river-side in the middle of the city and Vaasa the sea-side, so there is nothing better than walking around and enjoying the atmosphere. She also points out that “the art museums and classical music have a surprisingly high level in Finnish middle-size towns and one can enjoy them without language barriers” Professor Niemi is not a shopping person but if she should recommend some places to visit for our Chinese Researchers coming to Finland it would be the Marimekko, Finnlayson and Iittala shops, not to forget Muumi-dolls that you find in tourist shops.

Featured Researcher: Dr. Zhang Liguo

Liguo pictureDr. Zhang Liguo is a post-doctoral researcher in the Faculty of Law, University of Helsinki, Finland, specialising in EU and Chinese intellectual property (IP) law. He is also a researcher in the ‘Legal Transplant for Innovation and Creativity – A Sino-Finnish Comparative Study on the Governance of Intellectual Property Rights’ project, funded by the Academy of Finland and involving collaborative research in academic institutes in China, Finland and the US.

Dr. Zhang’s contribution will help shed light on how IP laws promote innovation and creativity.  ‘It is generally recognized that innovation is crucial for long-term economic growth’, Zhang says. ‘My research interests focus on how intellectual property law can best promote innovation.’ According to Zhang, Chinese IP law has been incorporating norms in international circulation with the aim of being compatible with international standards. ‘At the same time’, Zhang says, ‘research and experience has shown that legal transplants can create tensions in legal systems. Therefore it’s important that IP transplants are analyzed critically in their social, economic, cultural and historical contexts from the perspective of comparative law.’

Dr. Zhang is looking into IP legal reform in China in light of its national IP rights strategy, published in 2008, and comparing this with the IP legal reforms contained in the EU IP strategy released in 2011. Specifically, he is assessing the legal and practical effects of enforcement measures in EU law and Chinese Law.

Comparing IP law between China and Finland is a task for which Dr. Zhang is ideally suited. Prior to his current role, Zhang completed his LL.D at the University of Helsinki while working as a researcher at the IPR University Center. His research work centered on patent licensing in the EU. His publications have looked at various aspects of patent licensing, standardization, innovation policy, and competition law in the EU, and have specifically focused on the ICT industry. In addition, before coming to Finland Zhang completed an LL.M. in intellectual property law and competition law at the Munich Intellectual Property Law Center. In China, Zhang was a lecturer in intellectual property law and he also published on commercial law in a range of Chinese academic journals.

Dr. Zhang has come to realize that legal comparison is of critical practical relevance for China. ‘China’s contemporary legal system is still developing and evolving. Given China is trying to improve its laws and their administration and enforcement, it makes sense to look at models worldwide.’ And because of rule of law in Finland, including from the perspective of IP, Dr. Zhang believes there is great value in looking at intersections between Finish and Chinese law.

For Dr. Zhang, there is an important role to play for the Finnish China Law Center in sharing legal information and experience between Finland and China. ‘When I first came to Finland in 2007, there were very few Chinese law students and legal scholars’. Since then, he says, the situation has changed. ‘There is now a lot more cooperation and collaboration between China and Finland, which is helping foster understanding between the two legal systems. The Finnish China Law Center, through its research initiatives, collaborative work and strong people-to-people links, is critical in developing a long-term relationship with China from which Finland is already benefitting’. Zhang says that China is handling a diversity of challenges and opportunities in its quickly evolving legal system. ‘This process may lead to many lessons and experience of interest to legal researchers both in China and Finland.’  Both countries face common challenges, Zhang says, such as environmental protection, social welfare, and promoting innovation and economic growth. ‘These can be looked at from legal perspectives and research cooperation may help to find solutions.’ More broadly, Zhang says that legal collaboration is helping build enduring business, trade and political links between the two countries.

Dr. Zhang’s research keeps him busy but he still finds time to indulge one of his passions, yoga. His other hobby, hiking, also gives him a break from debating the finer points of comparative IP law and policy.

Author: Stuart Mooney

Featured Researcher: Professor Teemu Ruskola

Prof. Teemu Ruskola lectureTeemu Ruskola is an internationally recognized legal historian and comparative and international law scholar. As well as his roles as Professor of Law and Faculty Associate in Comparative Literature, East Asian Studies, and Studies in Sexualities at Emory University, he is an elected member of the International Academy of Comparative Law and a member of the executive editorial board of the American Journal of Comparative Law. He is also the co-author of the latest edition of the leading comparative law casebook, Schlesinger’s Comparative Law (2009).

The roots of Professor Ruskola’s professional preoccupation with comparative and international law run deep. ‘I’ve always had an existential desire to learn new things, to find new ways of looking at and being in the world’, he says. This fascination to learn more about and be challenged by the foreign and unknown has characterized his professional trajectory. It also, he says, drew him naturally toward the subject of much of his scholarship: China. ‘My interest in exploring the boundaries of difference crystalized in China, because China is in many ways the significant civilizational other and an important way of considering difference’. ‘And’, he adds ‘learning to speak Chinese seemed like a good challenge!’

It was a challenge Ruskola met. After graduating from his Masters Degree in East Asian Studies with distinction and completing an intensive 12-month language program in Mandarin and classical Chinese in Taiwan, Ruskola has since published on the socio-historical and epistemological foundations of the Chinese political orders, the intersection of corporate and family law in China, the history and politics of Euro-American conceptions of sovereignty in the Asia-Pacific, and China’s historical status as an international legal subject. His latest book, Legal Orientalism: China, the United States and Modern Law (2013), is a wide-reaching, interdisciplinary analysis that investigates narratives in global circulation about what law is and who has it. His next book – China, For Example: China and the Making of Modern International Law – will look into the history of the introduction of Western international law into China, and how this has affected the theory and politics of international law. Both of these books are attempts to understand the complex and changing role of China in the world. ‘For me’, Ruskola says, ‘they also represent an itinerary of my own journey through Chinese law and legal thought’.

Professor Ruskola is an affiliated faculty member of the Finnish Centre for Chinese Law and Legal Culture and is also involved in two Chinese labour law-related Academy of Finland-funded projects hosted by the Law Faculty of the University of Helsinki. His research will include a historical and theoretical examination of the status of international law in China. He sees this work as critical in building understanding between the two countries: ‘The research being conducted under the auspice of the Centre and through the University of Helsinki is not only leading to key insights on China and labour law, but more broadly is playing an important role in encouraging the exchange of ideas and for helping understand legal differences between Finland and China’, he says. ‘Both countries have dynamic legal systems, and there is inherent value in the sharing of legal ideas between different legal and political contexts’. This sharing, however, should not simply involve the exchange of technical information and an appreciation of how legal rules function between contexts. Rather, Ruskola sees it as important that a broader perspective is taken. ‘Legal analysis across legal systems should be undertaken carefully and be mindful of the ethics of comparison’, he says. ‘By facilitating the sharing of ideas with sensitivity to ethical considerations, the Centre is helping new understandings of legal subjectivity to emerge and allowing scholars from both countries to better understand themselves against the ideas of others’.

Given how jam-packed his CV is it’s a wonder Professor Ruskola finds any time to unwind. ‘I think it’s important to eat, drink and be merry’, he observes. Does this mean he will return to live in Finland to enjoy the tranquillity of nature at his family’s summer cottage? ‘Ha, I always love visiting Finland, but I still have a lot of exploring of the world to do before I move back here to live for good’.

Author: Stuart Mooney