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

When: 24- 26 September 2021

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

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

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

Call for abstracts:

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

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

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

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

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

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

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

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

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

 

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

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

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

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

 

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

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

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

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

 

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

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

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

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

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

 

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

 

Programme of China Law Week 2020 announced

The Finnish China Law Center is pleased to announce the long-awaited programme for the China Law Week 2020.

The event will include four information-packed sessions on the following topics:

  • Chinese Law and Legal Culture – A Diversity of Approaches
  • Chinese Labour Law in International and Comparative Perspectives
  • New Challenges for China’s Belt and Road Initiative
  • Reform and Emerging Issues in Chinese Private Law and the Court System

The detailed programme can be found here.

China Law Week 2020 is free of charge and open to the public. Participants can attend the whole event or individual sessions if they so wish.

Registration to the event is required. We kindly ask you to register by 18 October 2020 by completing the following electronic form: https://www.lyyti.fi/reg/China_Law_Week_2020_8204

For further questions and inquiries, please contact Le Bao Ngoc Pham, the Center’s Coordinator, at ngoc.pham@helsinki.fi.

China Law Week’s speakers. First row (from left to right): Associate Professor Chen Yifeng (Peking University), Assistant Professor Yan Tian (Assistant Dean, Peking University), Associate Professor Joanna Grzybek (Polish Centre for Law and Economy of China), Professor Pia Letto-Vanamo (Dean of the Faculty of Law, University of Helsinki), Professor Ronald C. Brown (University of Hawai’i Law School). Second row (from left to right): Professor Kimmo Nuotio (University of Helsinki), Dr. Kangle Zhang (University of Helsinki), Dr. Wei Qian (China University of Labour Relations, School of Labour Relations and Human Resources), Professor Sean Cooney (University of Melbourne), Professor Yan Dong (Beijing Foreign Studies University School of Law). Third row (from left to right): Professor Alan C Neal (University of Warwick), Professor Ulla Liukkunen (University of Helsinki, Director of the Finnish China Center), Professor Julie Yu-Wen Chen (University of Helsinki, Director of the Confucius Institute), and Professor Jin Haijun (Renmin University). Last row (from left to right): Professor Juha Karhu (University of Lapland), Professor Björn Ahl ( University of Cologne, President of the European China Law Studies Association), Professor Matti Nojonen (University of Lapland), and Professor Johanna Niemi (University of Turku).

 

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.

 

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

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.

Tenth Sino-Finnish Bilateral Seminar – Comparative Dialogue on Sustainability

 

Seminar speakers and moderators in the group photo after the seminar

On 10-11 June 2019, the China Law Center together with the Chinese Academy of Social Sciences (CASS) and in collaboration with Faculty of Law at University of Helsinki, organized the 10th Sino-Finnish Bilateral Seminar on Comparative Law. The seminar is held annually and its location alternates between Finland and China. This year the seminar was hosted by University of Helsinki.

Sino-Finnish seminars form an important part of the bilateral cooperation with CASS and are meant to facilitate legal dialogue in different fields of law. This year the 10th seminar was delighted to have six academics from CASS which is the leading Chinese research and education institution in the field of social sciences in China. These scholars were Director of Institute of Law, Professor Chen Su, Professor Xie Zengyi, Professor Zhai Guoqiang, Associate Professor Zhao Lei, Assistant Professor Yue Xiaohua and Assistant Professor Wang Shuaiyi.

The seminar was opened by remarks from both Professor Pia Letto-Vanamo, the Dean and Chair of the Board of the Finnish China Law Center, and Professor Chen Su. Both highlighted the importance of the work of the Center, as well as the collaboration between Chinese and Nordic scholars on a widening array of topics.

The bilateral seminar being the 10th of its kind also marked a significant milestone in the bilateral relations between the China Law Center, CASS and the University of Helsinki. Having lasted for ten years now, the cooperation is on a more solid footing than ever before. The recent proof of the cooperation’s results is its recognition by the the Sino-Finnish joint action plan (Joint Action Plan between China and Finland on Promoting the Future-oriented New-type Cooperative Partnership)

Professor Chen Su, Director of the CASS Institute of Law, delivering opening remarks at the seminar

Thematic areas of the seminar

The general theme of the 10th seminar was sustainability and different sessions covered this theme from the viewpoints of environment, business and labour as well as corporate governance. In addition to sustainability, the seminar also saw two sessions focusing on law, language and culture and public law.

The seminar’s first session covered law, language and legal culture beginning by a comparative analysis of culture and legal culture in China and the Nordic countries by Professor Ditlev Tamm.  Professor Matti Nojonen’s presentation addressed the concept of ‘practical rationality’ analysed traditional and contemporary Chinese legal thinking. Assistant Professor Wang’s presentation was about the influence of Chinese traditional culture on law from the viewpoint of civil law and criminal law. Finally, Marinna Hintikka and her colleagues gave a presentation on workplace communication at Law Faculty reflecting methodology, motivation and practical application.

The second thematic area covered was sustainability and environment. This session saw two presentations: one from Professor Kai Kakko under the title “From environmental law to sustainability law – some general aspects and a case study about the forest definition” and the other from Assistant Professor Yue Xiaohua under the title “Regulation development and its system improvement of China’s natural resources”.

A third thematic area discussed sustainability and business and it saw presentations from University Researcher Harriet Lonka on the topic of food law as a tool for advancing sustainable business, from Associate Professor Zhao Lei on the role of credit in the era of big data in promoting business development, from Professor Veli-Matti Virolainen on sustainable business models and ecosystems and from Professor Ellen Eftestøl-Wilhelmsson on the topic of the proposed EU regulation on electronic freight transport information.

In the second day of the seminar, themes incorporating sustainability and labour as well as public law developments were discussed. The first session included a presentation from Professor Ulla Liukkunen on the topic of employee participation in corporate governance, from Professor Xie Zengyi on the topic of employee participation in corporate governance in terms of Chinese experience and from Professor Jukka Mähönen on the topic employee participation in corporate governance: a possibility for or a threat to sustainability.

The seminar’s final session covered developments in public law with presentations on the developments in evidence in criminal procedure by Professor Tuomas Hupli, the development of constitutional structure in People’s Republic of China (1949-2019) by Professor Zhai Guoqiang and, thirdly, on law and development in a global context by Professor Kimmo Nuotio.

Seminar guests and speakers at the university reception

Book publication

The seminar also celebrated a joint publication by CASS and University of Helsinki. The title of the book is “Legal Reform and the Development of Rule of Law: A Comparison of between China and Finland” and it features contributions from legal scholars in both China and Finland, gathering together papers of the 8th and 9th Sino-Finnish seminars. The book has been edited by Chen Su and Ulla Liukkunen.

Next year’s 11th  bilateral seminar will be held in China.

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.

REPORT OF THE FIRST FOUR YEARS OF THE CHINA LAW CENTER

The Finnish Center of Chinese Law and Chinese Legal Culture is pleased to announce the publication of the Report on its First Four Years (2013-2016).

Cover of the Finnish Center of Chinese Law and Chinese Legal Culture First Four Years Report Report (2013-2016).

The Report contains detailed information about the Center’s objectives and successes and the China law-related activities of its 10 member institutions.

The Report can be viewed and downloaded here.

Questions or comments about the Report are encouraged. Please direct them to Stuart Mooney, Coordinator of the Finnish China Law Center, at stuart.mooney (at) helsinki.fi.