Trade Governance of China’s ‘Belt and Road’ Initiative: 17 April 2018

As part of Nordic China Law Week 2018, the Finnish China Law Center and Faculty of Law, University of Helsinki cordially extend an invitation to a short-form seminar on:

Trade Governance of China’s Belt and Road Initiative: Economic Logic and Institutional Arrangements

Date and time: 14:15 – 15:45 on Tuesday 17 April 2018

Venue: Meeting Room of the Faculty of Law, University of Helsinki, Room 545 on the 5th floor of the Porthania Building (Yliopistonkatu 3, Helsinki).

The keynote address will be delivered by Professor Cheng Dawei of the Renmin University School of Economics.

The Renmin University School of Economics has been consistently ranked by the Chinese Ministry of Education as the best university in China in both theoretical and applied economics.

Professor Cheng will cover issues including the economic logic of the ‘One Belt, One Road’ (OBOR) Initiative, value choices of its trade governance and the OBOR Initiative’s institutional and legal arrangements. She will also look at what the future holds for this huge infrastructure project, a signature project of Chinese President Xi Jinping.

The event will be moderated by Dr Guilherme Vasconcelos Vilaça of the Faculty of Law, University of Helsinki. It is free to attend, open to the public, and no prior registration is required. The event will be in English.

The event is being organized with the support of the University of Helsinki Chinese Studies and Confucius Institute at the University of Helsinki.

About the speakers

Professor Cheng is Dean of the International Business Program at the Renmin University School of Economics. She is the author of seven books, including Belt and Road Initiative China’s Trade Governance and Policy (Routledge, forthcoming May 2018), and many articles. Professor Cheng’s teaching and research interests include commercial diplomacy, international trade, China’s foreign economic and trade relations, and E-Business.

Professor Cheng Dawei, Dean of the International Business Program at the Renmin University School of Economics

 

Dr Guilherme Vasconcelos Vilaça is a Senior Research Fellow in the Faculty of Law, University of Helsinki and holds affiliated memberships at the University of Lisbon and The Collaborative Innovation Centre For Silk Road Economic Belt Studies” (CIC-SREBS), Xi’an Jiaotong University. His previous roles include Lecturer in Law (tenure-track) in China at Xi’an Jiaotong University School of Law.

Dr Guilherme Vasconcelos Vilaça, Faculty of Law, University of Helsinki

Further information and media inquiries

Please direct questions about the event to the Coordinator of the Finnish China Law Center, Stuart Mooney, at stuart.mooney (at) helsinki.fi.

Guest lecture: How Important is China’s Constitution in the Chinese Legal System? YAN Tian, Peking University Law School: 18 April 2018

The Finnish China Law Center and Faculty of Law, University of Helsinki are pleased to extend an invitation to a public lecture:

‘How Important is China’s Constitution in the Chinese Legal System?’

The guest lecture, part of Nordic China Law Week 2018 (17 – 23 April), will be given at 14:15 – 15:45 on Wednesday 18 April 2018 in the Meeting Room of the Faculty of Law (P545), 5th floor of the Porthania Building (Yliopistonkatu 3, Helsinki).

About the speaker

Assistant Professor YAN Tian is a scholar at the Peking University School of Law.

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, Assistant 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.

Assistant Professor Yan will also be speaking during the second China Law Research Workshop being organized by the Finnish China Law Center on Thursday 19 April 2018.

Assistant Professor YAN Tian, Peking University Law School

Further information

This event is free and open to the public. No prior registration is required.

Please direct questions about the event to the Coordinator of the Finnish China Law Center, Stuart Mooney, at stuart.mooney (at) helsinki.fi. 

Peter Vesterbacka and Finnish scholars to discuss people management practices in China in Seminar at Aalto University School of Business

To mark the end of Nordic China Law Week 2018 (17 – 23 April), on Monday 23 April, Aalto University and the Finnish China Law Center will host a half-day seminar:

‘What People Management Practices Work Best in China Today? Cultural and Legal Perspectives’

China is already the second largest country in the world in terms of GDP and thus it is increasingly becoming common for Finnish firms to work in and with China. As China is culturally different from Finland, many Finnish people find it challenging to understand what management practices work best in China.

As China’s economy continues to grow and diversify, new opportunities and challenges are emerging. In addition, legal considerations – including a range of Chinese labor laws based on international standards – affect how businesses operating in China manage their workforce.

This seminar, held during the 40th anniversary of China’s ‘Reform and Opening Up’ reforms, brings together academics from management and legal backgrounds, as well as one of Finland’s leading entrepreneurs, to provide interdisciplinary insights and explore developments in contemporary people management practices in China.

This free, public event is targeted at managers, practitioners, scholars, and students.

Details and Registration

Date: Monday 23 April 2018

Time: 13:00 – 17:00 (including refreshments and networking event).

Location: Aalto University School of Business, Room C-350 (Jenni and Antti Wihuri Hall), Runeberginkatu 14-16, Helsinki.

The organizers kindly ask you to register by 19 April 2018 via this link:

https://elomake.helsinki.fi/lomakkeet/87100/lomake.html

Program

13:00  Welcome to the Seminar: Professor Carl Fey, Aalto University School of Business

13:05  Fundamental Labour Rights and Corporate Social Responsibility in China: Professor Ulla Liukkunen, Director of the Finnish Center of Chinese Law, University of Helsinki

13:30  Changing HRM Practices in China: Implications for Practitioners and Researchers: Dr Wei Lu, Aalto University School of Business

13:55  The Relationship between Education, Business Culture and Employee Engagement in China: Peter Vesterbacka, Co-founder and BrandBreaker, Lightneer Inc

14:20  Tea/coffee break

14:35  What Types of Organizational Culture Work Best in China? Professor Carl F. Fey, Aalto University School of Business

15:00  Panel Discussion: The Future of People Management in China: Educational, Political, Economic and Legal Considerations

Professor Carl Fey, Aalto University School of Business (Moderator)
Professor Ulla Liukkunen, Finnish Center of Chinese Law / University of Helsinki
Peter Vesterbacka, Co-founder and BrandBreaker, Lightneer Inc
Dr Wei Lu, Aalto University School of Business

16:00  Refreshments and networking

17:00  End of event

Speaker Bios

Carl F. Fey is a Professor of International Business at Aalto University in Helsinki, Finland and a Visiting Professor at Chinese University of Hong Kong. Fey’s research focuses on exploring what management practices are most effective in China and Russia. He is an experienced researcher (has published 60+ articles) and executive educator specialized in firm internationalization, organizational culture, knowledge transfer, mergers and acquisitions, innovation, networks, and what leadership styles and management practices work best in China and Russia. Fey is recipient of the 2013 Journal of International Business Studies Decade Award and Deputy Editor of Management and Organization Review. From 2011-2015 Fey was Dean of Nottingham University Business School China which he grew to have 2500 students and a faculty of 90 from 28 countries.  From 1997-2010, Fey helped the Stockholm School of Economics to develop a branch campus in Russia which became one of the two leading business schools for EMBAs/executive education in Russia. Fey has worked as a consultant or executive educator for many leading foreign and local firms in China and Russia.

Ulla Liukkunen is Professor of Labour Law and Private International Law at the University of Helsinki, Director of the Finnish Center of Chinese Law and Chinese Legal Culture and a Member of the Board of the European China Law Studies Association. Professor Liukkunen has lead two Academy of Finland projects on labor law and China. Her recent publications include Rule of Law Development and Judicial Reform (edited with Li Lin and Xie Zengyi, Social Sciences Academic Press 2016), Employee Participation and Collective Bargaining in Europe and China (edited with Chen Su, Jürgen Basedow and Matteo Fornasier, Mohr Siebeck 2016) and China and ILO Fundamental Principles and Rights at Work (edited with Chen Yifeng, Kluwer International 2014). Professor Liukkunen’s current research focuses on employee participation and posted workers in Europe and China.

Mr Peter Vesterbacka is one of Finland’s leading entrepreneurs and business figures. In 2011, TIME magazine chose Vesterbacka as one of the world’s hundred most influential people. He is co-founder and BrandBreaker of educational mobile game company, Lightneer Inc. His many roles have included serving as the Chief Marketing Officer and ‘Mighty Eagle’ of Rovio Entertainment Oy, best known for the global ‘Angry Birds’ brand. Mr Vesterbacka is also the founder of Slush, an international non-profit initiative that organizes startup-related events in Helsinki and other countries, including China. Mr Vesterbacka has a strong interest in China and visits the country regularly. He is outspoken on the relationship between China’s education system, initiative and creativity. One of Mr Vesterbacka’s current ideas is to open a tunnel between Helsinki and Tallinn, an area he sees as a ‘natural part of the Silk Road’.

 

Peter Vesterbacka, Co-founder and BrandBreaker, Lightneer Inc, will speak at Aalto University on Monday 23 April 2018. Pic credit: www.Lightneer.com

 

Dr Wei Lu is currently doing her post-doctoral research at the International Business Unit of Aalto University. Her recent research has focused on human resource management (HRM) practices in multinational corporations (MNCs) in China, for example, practice transfer, localization of HRM practices, organizational commitment and career mobility. She has also conducted research projects on strategies of internationalization of Finnish companies in China and Finnish-Chinese intercultural communication. Dr Lu has long standing experience in teaching at higher education institutions in China and Finland. She has lectured on e.g., China’s Economic Reform, Foreign Trade and Foreign Investment in China, China as a Business Environment, Business in East and Southeast Asia. In addition to research and teaching, Dr Lu actively provides training and consultation for Finnish companies on Doing Business in China and Business Culture in Asia.

Further Information

For inquiries about the event, kindly contact Dr Wei Lu at wei.lu@aalto.fi.

 

Guest lecture: Latest Developments in Chinese Intellectual Property Law: JIN Haijun, Renmin Law School: 18 April 2018

In connection with Nordic China Law Week 2018 (17 – 23 April), the Finnish China Law Center and Faculty of Law, University of Helsinki are pleased to extend an invitation to a public lecture:

Latest Developments in Chinese Intellectual Property Law’

The guest lecture will be given at 10:15 – 11:45 on Wednesday 18 April 2018 in the Meeting Room of the Faculty of Law (P545), 5th floor of the Porthania Building (Yliopistonkatu 3, Helsinki).

The event is being organized in collaboration with, and with the support of, the Confucius Institute at the University of Helsinki.

About Professor Jin

JIN Haijun is Professor of Law in the Law School of Renmin University. He joined as a member of faculty after receiving his doctorate in Renmin Law School in 2001. Prior to this, Professor Jin practiced law in a private law firm for two years after he obtained his LL.B degree from the Southwest University of Political Science and Law and passed the Chinese Bar Exam in 1993. He has two other LL.M degrees, from Renmin University and the University of Washington in Seattle.

Over the last decade, Professor Jin has studied and worked in a variety of foreign institutions, including as a visiting professor at the University of Frankfurt am Main and the University of Washington, and as a visiting scholar at Harvard Law School and the Max-Planck Institute for Intellectual Property and Competition Law in Munich.

Professor Jin’s research covers various aspects of intellectual property legal theory and practice, including broad issues such as IP as private rights and IP and social development, and specific issues such as copyright fair use, trademark consumer surveys and compulsory patent licenses.

Professor Jin, Remnin University Law School.

Further information

This event is free and open to the public. No prior registration is required.

Please direct questions about the event to the Coordinator of the Finnish China Law Center, Stuart Mooney, at stuart.mooney (at) helsinki.fi.

Doctoral Researcher Yajie Zhao successfully defends thesis on Chinese Intellectual Property Law

On Friday 23 March 2018 Ms Yajie ZHAO, Doctoral Researcher in the Faculty of Law of the University of Helsinki, a member institution of the Finnish China Law Center, successfully defended her doctoral thesis China’s Intellectual Property System in the Process of Catch-up -with Patent in Focus.

Yajie Zhao (left) presenting her thesis on 23 March 2018 in the Faculty of Law, University of Helsinki. Also pictured are Professor Pia Letto-Vanamo, Dean of the Faculty of Law (middle) and Professor Li Mingde of the Chinese Academy of Social Sciences (right).

The opponent in Ms Zhao’s defence was Professor Li Mingde, a highly respected Chinese intellectual property law scholar based in Institute of Law and Intellectual Property Centre at the prestigious Chinese Academy of Social Sciences.

During her presentation, Ms Zhao discussed the evolution of Chinese intellectual property (IP) mechanisms as China progressed on its national development and transition to becoming a ‘well-developed country’. Ms Zhao approached her subject from the perspective of (IP), with a special focus on the People’s Republic of China since 1949.

Professor Li Mingde (left), Yajie Zhao (middle) and Professor Pia Letto-Vanamo (right).

Professor Li Mingde strongly recommended that Ms Zhao’s doctoral thesis be accepted. In his comments, he praised Ms Zhao’s thesis on its scope and originality. During a long discussion with Ms Zhao, Professor Li asked many probing questions not only about Ms Zhao’s thesis but more broadly about the current state of Chinese IP law, the challenges facing China’s IP system and the enforcement of IP rights, the roles of administrative and judicial IP right enforcement, and the prospects for its future development.

In her closing comments, Ms Zhao thanked those who have supported her during her thesis, including her thesis supervisor Professor Niklas Bruun (University of Helsinki / Hanken School of Economics).

Ms Zhao’s list of publications, lectures, other academic activities and full CV can be found on the website of University of Helsinki.

Professor Li Mingde (left), Yajie Zhao (middle) and Professor Niklas Bruun (right).

Thesis abstract

This thesis explores the evolution of Chinese IP mechanisms during national development and transition to becoming a well-developed country. This subject is studied from the perspective of intellectual property (IP), with a special focus on the People’s Republic of China since 1949.

Internationally, the Chinese State, as a late-developing country, has adopted various mechanisms to narrow its gap in income and in technological capability in relation to developed countries. Meanwhile, internally, China itself is going through a crucial stage of social transition, and switching its economic model from labour-intensive mode to high-tech and innovation-intensive mode. During China’s international ‘catch-up’ process, and its own social transition, the role of IP has constantly changed.

This research on China’s IP covers a period of the late Qing Dynasty until early June 2017, especially focusing on the period after 1949 and the modern Chinese IP system since its Reform and Opening-up Policy in 1979. The reviewed literature covers: (1) Chinese IP-related legislation and policies; (2) the domestic and international academic IP studies; (3) research reports from international organizations; (4) central reports from the Central Committee of the Communist Party of China, other reports and speeches from the central government with a historical period start from 1933; and (5) IP-related annual reports and statistics from the State Intellectual Property Office and the various levels of the people’s court.

This thesis combines the narrative approach of Chinese IP studies, law in context, and historical perspective, and specifically studies the question: ‘what is the IP system’s role in the catch-up process of China?’ The main research question is divided into sub questions: How does the development of the IP system and the national Science and Technology (S&T) integrate with each other (Chapter 2)? How is the IP system absorbed into Chinese society? The absorption of an IP system is explored via two aspects: one imperative aspect is the evolution of IP system from the perspective of enforcement (Chapter 3); and the other is how the IP system from the state level involved has impacted on the Chinese business players (Chapter 4). The manuscript concludes: Even though external pressures played an undeniable role during Chinese IP development, which can chase back to the 19th Century, China has been constantly advancing its IP system and its implementation mainly because of its internal and developmental needs since 1949 (Chapter 5).

The outcome of this thesis summarises the three decades of Chinese modern IP development and its enforcement in the following way: an advanced legislation system that goes along with the international standards, an enforcement system with Chinese characteristics, and an administrative system for registration and examination focusing mainly on the domestic industries yet taking international practices as reference. China’s adjustments of the IP policies are ultimately determined by the overall objectives for catching up and building an innovative country. China updates its IP system strictly in line with its level of national S&T development. Based on the internal and international conditions, it is a selected development model from China’s side to emphasize IP reform and modernization.

Cover of Doctoral Researcher Yajie Zhao’s published thesis.

IPR University Center event: Recent Developments in Chinese IP Law

On 22 March 2018, the IPR University Center, a joint institute of six Finnish universities hosted by Finnish China Law Center member institution Hanken School of Economics, held a seminar on ‘Recent Developments in Chinese Intellectual Property Law’.

Professor Li Mingde, Chinese Academy of Social Sciences (Photo credit: http://www.iolaw.org.cn)

Professor Li, from the Intellectual Property Center of the Chinese Academy of Social Sciences (CASS), is a leading expert on IP law. In his presentation he discussed the latest developments in the reform of Chinese copyright law as well as recent developments in other fields of IP. The experience from the specialized IP Courts and the background of the recently established new IP Courts in Shenzhen and Xi’an was also addressed. Finally, Professor Li discussed the reform of the administration on IP-related issues, including the changes of the role of the Chinese SIPO.

Professor Li’s many publications include Governance of Intellectual Property Rights in China and Europe (Elgar 2016), which he edited with Professor Nari Lee (Hanken School of Economics) and Professor Niklas Bruun (Hanken School of Economics / University of Helsinki).

Professor Li was, with Professor Nari Lee and Professor Niklas Bruun, a leader of the research project Legal Transplant For Innovation and Creativity – A Sino-Finnish Comparative Study on the Governance of Intellectual Property Rights’ (TranSIP), a comparative law research project that undertook collaborative research in academic institutes in China and Finland. Details of this collaboration can be found in the Finnish China Law Center’s Report on its First Four Years.

During his trip to Finland, Professor Li also acted as the opponent in the presentation of a doctoral thesis by University of Helsinki Doctoral Candidate, ZHAO Yajie on Friday 23 March.

 

Logo of the IPR University Center (Picture credit: https://www.iprinfo.com/)

New Sino-Finnish Research Center for Science, Technology and Innovation Forum on Energy Transition During Vaasa Energy Week

The newly-established Sino-Finnish Research Center for Science, Technology and Innovation (Sino-Finnish STI Center), co-founded by Finnish China Law Center member institution the University of Vaasa and the Chinese Academy of Sciences’ Institute of Strategy and Development, held an International Forum on Energy Transition during Vaasa EnergyWeek (19 – 23 March 2018).

The International Forum on Energy Transition was held from 8:30-15:30 on 20 March 2018 at Vaasa City Hall (8:30-12:30) and Fabriikki F118, University of Vaasa (13:30-15:30). The event was free and open to all.

Full program and list of speakers

The purpose of the International Forum on Energy Transition was to engage policy makers, research experts and industrial practitioners from China and Europe to discuss energy transition activities and related policies policies. By doing so, the organizer’s hoped to promote international cooperation between China and Europe towards green growth.

Speakers at the Forum included Dr Jari Kuusisto (Rector of University of Vaasa), Pan Jiao Feng (President of Chinese Academy of Sciences Institutes of Science and Development), Professor Bai Quan (Vice-Director of the Energy Efficiency Center, Energy Research Institute, National Development and Reform Commission), Joakim Strand (Member of Parliament of Finland), Guo Xiaoguang (Counselor of Chinese Embassy to Finland) and more.

The full program and list of speakers can be found here.

 

Picture credit: https://www.energyweek.fi/

About the Sino-Finnish STI Center

The aim of the new Sino-Finnish STI Center is develop a think tank supporting policy makers and business in Europe and China. The Center’s mission is to address environmental and societal challenges and promote economic growth by means of conducting policy studies on science technology and innovation.

Kone-Fudan Nordic Centre Scholarships

The Kone Foundation, an independent non-profit organisation with a mission to make the world a better place by advancing initiatives in research and the arts, offered two 4 to 6 month-long scholarships to conduct research in China. The cut-off to apply for those scholarship was 28 March 2018.

Office space for scholarship awardees will be provided by the Fudan Nordic Centre in Shanghai, a joint-venture between Fudan University and universities from Denmark, Finland, Iceland, Norway and Sweden. The Fudan Nordic Center holds the annual Sino-Finnish Days, which have contributed to the growing number of legal research and education activities between China and the Nordic countries.

The Finnish member universities of the Fudan Nordic Center are the University of Helsinki, the University of Eastern Finland, Hanken School of Economics, the University of Lapland, the University of Tampere and the University of Turku. All of these universities are also member institutions of the Finnish Center of Chinese Law.

The scholarship program is intended to support and expand China-related research conducted in the Finnish universities. The aim is to stimulate researchers to expand their research focus towards research connected with China and to facilitate longer research periods in China. When possible and relevant, doctoral candidates can attend teaching offered by the Fudan Nordic Centre.

Further information and application process

More information about the scholarships, including the full Call for Applications and instructions on how to apply, can be found on Asianet’s website.

 

Logo of the Nordic Center, Fudan University, China

Finnish China Law Center Blog Ranked Number 3 on ‘Top 15 China Law Blogs and Websites To Follow’ Rankings List

The Finnish China Law Center’s blog has been ranked number 3 on the ‘Top 15 China Law Blogs and Websites To Follow’ compiled by online newsreader service Feedspot.com.

According to Feedspot.com, the ranking was based on the following criteria:

  • Google reputation and Google search ranking
  • Influence and popularity on Facebook, twitter and other social media sites
  • Quality and consistency of posts; and
  • Feedspot.com’s editorial team and expert review.

The ranking was released on 21 February 2018 and the rankings list will be updated weekly.

‘I’m pleased at the attention the Finnish China Law Center’s blog is attracting from the Nordic region, China and around the world’, says Stuart Mooney, who manages the blog and is the Coordinator of the China Law Center.

‘The blog is an important forum through which the Center communicates with its stakeholders about the China law-related education and research activities of the Center and its 10 member institutions.’

‘We also use the blog to highlight the important contribution of our international partners, including the Chinese Academy of Social Sciences and Peking University, in promoting China law-related education and research in the Nordic region, as well as Nordic collaboration with Chinese scholars and institutions in the fields of comparative and international law’, Stuart says.

‘I’d encourage those interested in learning more about the Center to follow our blog closely, and to read the recently-published Report on the Finnish China Law Center’s First Four Years.’ 

The Finnish China Law Center is also active on Facebook and Twitter.

Questions about the Finnish China Law Center and its blog can be directed to Stuart.Mooney (at) helsinki.fi.

Certification provided by Feedspot.com, which compiled the ‘Best China Law Blog’ list and ranked the China Law Center’s blog No. 3.

 

Helsinki Conference on the Chinese Model of Governance

The Confucius Center at the University of Helsinki, one of the 10 member institutions of the Finnish China Law Center, organized the Helsinki Conference on the Chinese Model of Governance on 20 March 2018 at the University of Helsinki, Finland.

Scholars revisited discussions of the Chinese model of governance and articulate the old and new features of Xi Jinping’s model of governance. Most current research on the China model debates whether there is such model, and the characteristics and essences of the model if it exists. This conference discussed, from a variety of perspectives including critical empirical case studies, the various manifestations of the Chinese model of governance, ranging from local governance, local election, civil society to economic policies.

Opening Remarks were given by Professor Julie Yu-Wen Chen of the University of Helsinki. Keynote speakers at the conference were Oscar Almén, Uppsala University, Sweden, and Zhongyuan Wang from Fudan University, China.

Constantin Holzer of University College Cork spoke on ‘The Principal-Agent Dichotomy of Public Goods Provision in China and The Role of Entrepreneurship’ and Natalie Ruvimbo Hodzi (University of Helsinki) discussed Zimbabwean elite opinions of China’s model of governance. Other presentations and remarks were given by Adam Knight (Oxford University), Riccardo Berti and Mariagrazia Semprebon (lawyers from Italy) and Coleman Mahler (UC Berkeley).

Questions and media inquiries

Questions about the conference can be directed to the Director of the Confucius Institute at the University of Helsinki, Professor Julie Chen, at julie.chen (at) helsinki.fi.

Professor Jukka Viljanen (University of Tampere) Gives Constitutional Law Presentation at CASS Rule of Law Conference in Beijing

In a further display of the growing links between legal scholars and institutions in China and the Nordic countries, Professor Jukka Viljanen of Finnish China Law Center member institution the University of Tampere was invited to give a presentation during the annual Chinese Academy of Social Sciences (CASS) international Rule of Law conference.

The theme of the 2017 conference was ‘Modes of Rule of Law and Modernization of State Governance’.

The 2017 conference, held on 17–18 November in Beijing, was divided into five thematic areas.

Professor Viljanen spoke on the theme ‘The Rule of Law, Constitution and State Governance’.

In his lecture, Professor Viljanen discussed the Finnish experience on amending the constitution, noting that Finnish constitutional laws were extensively reformed in 1980-90’s.

This progress was illustrated by the drafting of the 2000 Constitution. The Constitution was planned to endure over time and as the Constitutional Law Committee has stated, there should not be constant demand to review the Constitution.

Professor Jukka Viljanen speaking at CASS Rule of Law Forum, Beijing, November 2017 (photo credit: Institute of Law, Chinese Academy of Social Sciences).

Professor Viljanen outlined how the threshold to make changes to the constitution has increased. In order to make changes a wide societal consensus must be achieved. In Finnish political history, there has been a tradition of coalition governments and a requirement that approval by two parliaments, with general elections between them, is required. This ensures that all parties are involved in the drafting process of the Constitutional amendments.

‘The contemporary approach connects each review of the constitutional provisions to fundamental principles of the Constitution’, Professor Viljanen observed.

‘At the same time, it also highlights the need to follow our international human rights commitments’.

As Professor Viljanen explained, even in the case of surveillance laws, there are no ‘free hands’. Rather, national application of laws goes hand-in-hand with European supervision. The level of scrutiny is, of course, different in each specific circumstance.

A session during the CASS Rule of Law Conference, Beijing, 17–18 November 2018 (photo credit: Institute of Law, Chinese Academy of Social Sciences).

In his talk, Professor Viljanen also explained the pending process of amending the constitution in relation to surveillance laws, a ‘hot topic’ in Finland at the moment. The review was founded on the requirements set out by the European Convention on Human Rights.

‘National security as a legitimate aim traditionally affords a wide margin of appreciation to national authorities’, Professor Viljanen said.

‘However, there are also limits to this margin’.

In order to make the working proposal to be in line with the European case law, the failures that took place, for instance, in the Russian case of Roman Zakharov, serve as a telling reminder for the Finnish legislator.

‘This means that in addition to the textual re-formulation of the Constitution, the practice of the Constitutional Law Committee should follow closely the standards set out by the Strasbourg Court’, Professor Viljanen said.

‘The idea of the constitutional amendment is not to provide unrestricted mandate’, Professor Viljanen argued during his talk.

‘Rather, it is to seek a solution to questions regarding surveillance that are in accordance with European standards. This doctrinal link sets out certain detailed requirements that should be taken into account while preparing ordinary legislation regarding the surveillance’.

‘The Strasbourg Court’, Professor Viljanen said in closing, ‘acknowledges efforts to follow the established case law by stating that there needs to be “strong reasons” to substitute views of domestic authorities with its own views’.

Professor Viljanen was joined at the CASS Rule of Law Conference by Professor Kimmo Nuotio and Professor Sakari Melander, both from Finnish China Law Center member institution the University of Helsinki.

The international scope of the conference was reflected in the breadth of participants, with scholars in attendance from Peru, Russia, Italy, Poland, Brazil and other countries.