Category: Sekalaista

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Online Seminar: Chinese Companies Abroad and the Host Country’s Laws: the Case of Dirty Industries in Serbia

On 4 April 2023, University of Helsinki Chinese Studies and the Finnish China Law Center will hold an online seminar on “Chinese Companies Abroad and the Host Country’s Laws: the Case of Dirty Industries in Serbia“. The event will be moderated by Julie Yu-Wen Chen, Professor of Chinese Studies at the University of Helsinki.

Time: Tuesday 4 April, 14:00-15:30 Helsinki Time (13:00-14:30 CEST)

Venue: Online. Please register before Friday 31 March at https://elomake.helsinki.fi/lomakkeet/122724/lomake.html to receive link.

The activities of Chinese companies abroad are an integral part of the robust transformation of today’s economic, geopolitical, and sociocultural landscapes at the local, regional, and global levels. The presence of Chinese capital abroad has been encountering and provoking a wide range of reactions among different political and social actors—from suspicion, reservation, and resistance to warm welcome and exceptional enthusiasm.

This talk will look at the ongoing situation in Serbia, a country governed by a regime that has been among the closest partners of the Chinese government and Chinese companies in Europe and beyond. The talk will focus on the legal dynamics that enable and maintain the much acclaimed “iron-clad friendship” between the two countries and the energetic economic interactions between their governments and businesses. The legal dynamics in question pertain to the Chinese companies that work in Serbia’s dirty industries, namely the production of tires, iron, and steel. Special attention will also be paid to the analysis of the legal aspects of China’s presence in Serbia’s copper and gold mining industry.

About the Speaker

Dušica Ristivojević is a senior researcher in the Department of Cultures of the University of Helsinki. Dušica specializes in the longue-durée dynamics of China’s global interactions, print and digital media, and social organizing in and out of China. She is finalizing her book manuscript on the transnational links of China’s political movements and is observing the country’s presence in Europe’s Eastern peripheries with regard to dirty industry and digital technology.

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CHINESE NEW YEAR MESSAGE FROM THE FINNISH CHINA LAW CENTER

With the Year of the Rabbit just around the corner, the Finnish China Law Center would like to wish a happy Chinese New Year to our Chinese, Nordic and global friends and partners alike.

During the last year, the Center has successfully organized several online and hybrid events on a wide variety of topics in Chinese Law. We would like to express sincere gratitude to all the co-organizers, chairs, speakers, commentators and participants for having supported us in 2022.

In 2023, the Center will continue to organize diverse events and activities with the aim of promoting research and education in Chinese law and legal culture. A stellar event to be looked forward to is the 17th Annual Conference of the European China Law Studies Association co-organized with our member institution, the University of Helsinki Faculty of Law. The Conference will be a platform for scholars and professionals to exchange ideas about Chinese law and initiate research collaboration.

Make sure to follow us on our social media channels to stay updated!

Image by Freepik
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Call for Papers: 17th Annual Conference of the European China Law Studies Association

The Centre would like to inform our readers of the 17th Annual Conference of the European China Law Studies Association (ECLS) which will take place during 20- 22 September 2023.

The conference will be hosted and organized by the Faculty of Law, University of Helsinki in cooperation with the Finnish China Law Center. The event will take place at the Main Building of the University of Helsinki, Unioninkatu 34, 00100 Helsinki, Finland.

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 ideas about Chinese law and initiate research collaboration.

The Annual Conference Organizing Committee is now inviting submissions. The Conference will highlight legal issues relating to the topics below. Please note that submissions are not necessarily limited to the listed topics.

  • Legal Issues of EU-China Relations
  • China in the International Legal Order
  • Legal Culture, Legal Traditions and Rule of Law Development
  • Legal Aspects of the Belt and Road Initiative
  • Criminal Law and Criminal Procedure
  • Gender Equality in China
  • International Human Rights Protection and the Chinese Legal System
  • Chinese Law, COVID and the Emergency/Pandemic Preparedness
  • Chinese Policy and Presence in the Arctic
  • Sustainable Development and the Role of Regulation
  • Legal and Economic Issues of International Investment
  • Developments in Corporate and Commercial Law
  • Cyber Security, Data Privacy and Personal Information Protection
  • Artificial Intelligence and Ethics, Big Data and Intellectual Property Law
  • Social Credit and the Law, Judicial Reforms and Smart Courts
  • Labour Law Developments, Decent Work and Fundamental Labour Rights
  • Administrative Law and Administrative Procedure
  • China’s Environment, Climate Change and Air Pollution Laws and Policies

Call for papers:

The ECLS welcomes the submission of paper abstracts and panel proposals. Both abstracts (max. 300 words) and proposals for panel sessions (max. 1000 words) should include the title of the paper or panel; name, institution, and email address of the author(s); and up to five keywords.

Abstracts and proposals from young researchers (PhD candidates, MA students, etc.) are welcomed as well. Young scholars’ sessions will be organized as roundtables to be moderated by senior researchers.

Proposals should be submitted via the online submission form. All proposals will be subject to peer-review. The deadline for submissions of abstracts and panel proposals is 19 March 2023, and the deadline for submission of full papers (max. 8000 words) is 18 June 2023.

Further information regarding the call for papers can be found at https://www.helsinki.fi/en/conferences/17th-annual-conference-european-china-law-studies-association/call-papers.

All questions about submissions can be addressed to Professor Björn Ahl (bjoern.ahl@me.com).

Main Building of the University of Helsinki
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The Social Credit System in China

On 17 November 2022, the Finnish China Law Center held an online seminar on the topic of ‘The Social Credit System in China ‘. The event is part of the Center’s mini seminar series on topical issues of Chinese law.

The event began with a presentation on “Debating the Legality of Social Credit in China – A Review of Chinese Legal Scholarship” by Björn Ahl, Professor and Chair of Chinese Legal Culture at the University of Cologne and President of the European China Law Studies Association. Björn explained that Chinese legal scholars conceptualize the social credit system (SCS) as an emerging ‘reputation state’ or as an unprecedented instance of ‘social engineering’. The SCS is consisted of three main pillars: the financial credit industry, credit tools to enforce laws and court decisions as well as mechanisms to strengthen the integrity of government affairs. Compared to the other areas of the SCS, the regulatory environment of financial credit is relatively mature and relevant data protection laws provide for a basic level of legal protection of data subjects including effective legal remedies. Government integrity in the third pillar is facilitated by the extension of the credit disciplinary measures to state organizations and personnel. While the first and third pillar are less controversial as there exist basic legal protections with regard to the former and the latter is neither well-developed nor directed at private entities, the recent legal debates and thus Björn focused on the second pillar that has developed ‘social credit tools’, in particular joint disciplining for trust-breaking mechanisms, in order to strengthen the enforcement of law and court decisions.

The second speaker, Marianne von Blomberg, Research Associate and PhD candidate at the Chair of Chinese Legal Culture, University of Cologne discussed “Reputational Regulation through the Social Credit System”. Marianne first clarified that the SCS is not a national social credit score for each citizen but is many local pilot projects, some of which use scores. The punishments are not based on scores but on violations of the law. She went on to examine the SCS and its disciplinary measures including formal joint agency disciplining, and reputational disciplining through local government websites, local social credit information platforms, national social credit, information platforms, State agency websites, regional newspapers, map apps in Wechat, regional TV and radio, broadcasting and warnings in dial tones. Marianne also explored the large-scale disclosure of government information, which lies at the core of SCS reputational punishment, has long been implemented in China as access to government data empowers public oversight over state administrations. This purpose was first manifested in the Open Government Information Regulations passed in 2007, which mandate administrative agencies to disclose information to increase the level of transparency in government work. Governmental information disclosure can, in a different fashion, also serve regulators. Regulators disclose, or mandate organizations to disclose themselves, information that indicates how well they comply with laws and regulations Such regulatory disclosure is based on the idea that the engine for change is reputation, and the fuel for that engine is information.

The seminar concluded with insightful comments on the topic by Huifen Yin, Associate Professor at the School of Law, Shanghai University of Political Science and Law.

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Understanding Law with Chinese Characteristics

On 16 September 2022, the Finnish China Law Center hosted a hybrid seminar on the topic of ‘Understanding Law with Chinese Characteristics’. This event was part of the Center’s mini seminar series on topical issues of Chinese law.

On the left: Professor Ronald Brown, 16 September 2022

The seminar consisted of two presentations. The first was by Ronald Brown, Law Professor at the University of Hawai’i Law School and was titled as ‘Chinese Labor Practices, Treaties, Uyghurs, and CAI: Keeping Promises’. In his presentation, Professor Brown was speculating whether Chinese labor policies have shifted towards international standards or is it just that China is changing without change. The presentation examined the latter by calling attention to China’s many reservations of its signed and ratified international agreements.

The debate on Uyghurs have hampered China’s relationship with the West in the recent years. This issue was also raised in the presentation by Professor Brown who pointed out the different language used by the two sides: the West accuses China of ‘genocide’ while China constantly refers to the re-education camps which are needed in the thought-reform of the Uyghurs. The EU-China CAI might be pending, but the US’ new 2022 Uyghur Forced Labor Prevention Act and EU countries’ Due Diligence laws were brought up as new legislation to watch for. Professor Brown concluded his presentation with recent comments by the UN Human Rights Committee that, for China, made an unfavorable assessment of the situation.

 

From left to right: Professor Martin Lavička, Professor Julie Yu-Wen Chen and Professor Ulla Liukkunen, Director of the Finnish China Law Center, Helsinki, 16 September 2022

The second presentation of the day was presented by Martin Lavička, Assistant Professor at Department of Asian Studies at Palacky University Olomouc, and Julie Yu-Wen Chen, Professor of Chinese Studies at the University of Helsinki. The duo discussed the topic of ‘Recent Developments of the Rule of Law with Chinese Characteristics’. Like Professor Brown, this presentation was also opened with a rationale on China’s international law standards before moving onto the on-going discussion about rule of law in China.

The core of the presentation focused on the development of religious freedoms under Xi Jinping. The assessment included a look on the recent administrative measures which, in summary, imply growing control of the party-state. Religious groups are set to function in accordance with the CCP’s ideologies. Assistant Professor Lavička and Professor Chen noted that this process started long before Xi and is set to continue in these times when the CCP’s tolerance to any contesting ideologies is becoming lesser. The duo concluded the presentation by an observation that the convergence of law-in-practice and law-in-books, considering China’s recent developments, may not always be a good thing.

The blogpost was written by the Center’s intern, Samppa Penttinen.

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International Law in Chinese Courts

On Tuesday 6 September 2022, Björn Ahl, Professor and Chair of Chinese Legal Culture at the University of Cologne and President of the European China Law Studies Association, gave a guest lecture at the Finnish China Law Center. The topic of his presentation was ‘International Law in Chinese Courts’.

Professor Björn Ahl, Helsinki, 6 September 2022

The lecture discussed Chinese law and legal scholarship on the domestic effects of international law, application of international law by Chinese courts, Chinese courts’ interpretation of international law and domestic law and Chinese courts’ participation in international norm-making.

The Chinese Constitution does not stipulate the effects of international law within the domestic legal system. However, ordinary legislation and judicial interpretations of the Supreme People’s Court include enabling clauses that mandate the direct application of international law under certain conditions . However, in recent years, provisions that refer to international law were removed from legislation which signals that international treaties have become less relevant for domestic courts. General observations of Chinese scholarship shows that domestic courts display a conservative attitude towards international law and often hesitate to apply treaty provisions.

Professor Ahl went on to examine application of international law by Chinese courts especially in case of IP, human rights, double taxation avoidance  and diplomatic and consular treaties, as well as their interpretation of international law. He observed that domestic courts have developed a consistent practice of directly applying over 30 international treaties to disputes about IP, international trade, maritime commerce and international air and rail transport as well as judicial assistance in civil and criminal matters. Chinese courts increasingly rely on the principle of consistent interpretation. However, courts in general do not apply international treaties that constrain executive organs of the State.

Concerning Chinese courts’ participation in international norm-making, Professor Ahl noted that overall party-state  policy encourages Chinese state organs to participate actively in the formulation of international norms and to strengthen discourse power and influence in international legal affairs. Domestic court decisions may have the effect of confirming rules of international law or give them a novel interpretation that may trigger protest or acquiescence by other states. Only if domestic court decisions are noticed, persuasive and endorsed by other states, courts, international organizations or codifying bodies, they may exercise certain influence on the complex processes of the development of international law.

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Doctoral defence: Equality in law ensures the fulfillment of fundamental rights in China, Pia Eskelinen, 9 September 2022

M.Sc. (Admin.) Pia Eskelinen will present her dissertation on the legal status of women in China, especially regarding land rights in rural areas, for public review on 9 September 2022 at 12:00. The The public examination will take place at University of Turku, Calonia 1.

The public examination can also be followed remotely at https://echo360.org.uk/section/d10ad3ff-8805-45ab-b752-65e10980be33/public

Docent Anja Lahtinen (University of Helsinki) will serve as opponent and Dean Johanna Niemi (University of Helsinki Faculty of Law) as the custos. The event will be held in Finnish.

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In recent years, Chinese society has progressively begun to be defined by Confucian values and society’s interference with media freedom. This has also affected the working /operational environment of Chinese women. In her doctoral thesis, Eskelinen examines the legal status of rural Chinese women and women’s legal position in Chinese society. The thesis shows that the application of legislation in China has become more unequal, with women and their basic rights being placed in a more disadvantageous position.

Eskelinen uncovers what the legal status of rural Chinese women is in relation to land rights. Alongside this question, Eskelinen considers and examines more in general, the question of women’s legal status and the equal status of women in Chinese society and how President Xi Jinping’s political discourse has affected the status of women in China.

News concerning the Chinese rural women often goes unnoticed due to bigger news. News related to the economy and dissidents is important and must be made visible. Eskelinen, however, states that rural Chinese women form a large individual group whose contribution to China’s economic and social development often goes unmentioned.

“The everyday life of ordinary women forms an integral part of China’s gross national product and well-being”, Eskelinen points out.

President Xi Jinping’s impact on the state of China’s gender equality

In recent years, under the leadership of President Xi Jinping, China has returned to a society where Confucian values ​​increasingly determine how society works. In addition to this, society’s interference with media freedom, for example, has alarmingly increased. According to Eskelinen’s doctoral research, the turning point was in 2016. At that time, President Xi gave a speech in which he emphasized that Confucian values ​​are engraved in the hearts of Chinese people.

“After the speech, China began to move back to a more patriarchal society and women’s operating environment narrowed. It was considered that a women’s place is to take care of the family”, Eskelinen says.

In addition to this, women’s organizations in different regions started offering different courses to women, which focused on how to be good wives and daughters. Eskelinen regards the most worrisome is that the application of legislation has become more unequal, as it places women and their basic rights at a disadvantage.

Women’s appreciation and problems from the point of view of equality

Eskelinen wants to highlight the appreciation of women and the problems in equality, because women’s role and contribution to the well-being of different countries are often ignored. Finland is no exception.

In Finland, the “Lotta’s” contribution to the war effort has been downplayed, and a solution to the wage gap in female-dominated fields has still not been found. “It’s easy to appeal to the lack of money”, Eskelinen reminds.

According to Eskelinen, however, it is important to see beyond the money, attitudes and structures.

“It is not enough, for example, to light buildings in blue in honor of nurses. The idea is beautiful, but it only creates an illusionary appreciation, not a real one”, Eskelinen reflects.

Eskelinen hopes that societies from China to Finland would pay more attention to ordinary people and ordinary women and give them real value.

Contact information:
Pia Eskelinen
pia.j.eskelinen@utu.fi
050 323 7296

The blogpost was written by the Center’s intern, Annette Rapo.

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Is Sinology philosophy? Is studying Chinese philosophy Sinology?

The Centre is pleased to announce a seminar on complex relationship between Sinology and Chinese philosophy, organised by the Nordic Network on Chinese Thought (NNCT), in a hybrid format and as a contact seminar at the University of Lapland on the 14th October, 2022.

The seminar “Is Sinology philosophy, is studying Chinese philosophy Sinology?” will be led by Professor Tao Jiang as the key-note speaker, remapping the intellectual landscape of classical Chinese philosophy through key categories of humanness, justice and personal freedom.

The event will then be followed by (1) the discussion of the evolution of the concept of ren (humanness) in Confucian philosophy by Senior Research Fellow Jyrki Kallio; (2) the discussion of the nature and definition of ”concepts” in traditional Chinese thought by Professor emeritus Torbjörn Lodén; and (3) the presentation of the argument of European philosophy offers promising resources for the practice of and approach to cross-cultural philosophy by Professor Matti Nojonen.

The full programme can be viewed here. The participation link will be opened on the NNCT homepage  in due time before the event takes place.

This blog post was written by the Center’s intern, Li Tsz Yau Dorothy.

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Finnish China Law Center in 2022 – What to expect?

In 2022, the Center’s mini seminar series on topical issues of Chinese law will return with three events that deal with the themes of public international law, IP law and maritime law. The first seminar on Standard Essential Patents in China will be held in collaboration with IPR University Center on 23 March 2022. Further China related events about selected themes in IP law will be arranged with IPR University Center in the future.

During Spring term 2022, the following Chinese law courses will be taught within the Global Governance Law Master’s Programme at the University of Helsinki Faculty of Law, one of our member institutions:

  • Comparative law and Chinese legal system: history and presence by Professor Björn Ahl

The course is designed to help students gain an understanding of comparative law approaches used in examining culturally different law and knowledge of the historical background and contemporary development of the Chinese legal system and its key characteristics.

  • China in International Organisations – Transnational Governance by Dr. Kangle Zhang

The course will focus on China’s role in major international organisations, especially WTO, and transnational governance as well as the influence of international organisations on the Chinese legal system and regulatory models.

  • Corporate Social Responsibility and Sustainability Law in China by doctoral candidate Yuan Li

The course aims to provide the students with a comprehensive overview of Chinese sustainable development strategy and its related policies and legal regulations. The course examines relevant corporate social responsibility and sustainability laws from the perspective of Chinese and Western multinational enterprises operating in China.

  • Chinese Business and Company law: Governing Finance and the Economy by Dr. Kangle Zhang.

The course explores the Chinese financial market and financial regulations, Chinese business and financial regulations in the global context, Chinese business law and company law and legal institutions that oversee business entities in China.

The Center and the University of Helsinki Faculty of Law will also continue to organize the internship course in which the students will contribute to Chinese law-related activities undertaken through the Center and the Faculty.

On the verge of 2022, we would like to extend our sincere gratitude to the Center’s friends and followers for having supported us in 2021.  We wish you all a Happy New Year and hope to see you again in 2022 with many more academic activities await.

Make sure to follow us on our social media channels to stay updated!

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Recent developments in Chinese Labor Law

On 22 November 2021, the Finnish China Law Center held an online mini seminar on the topic of “Recent developments in Chinese Labor Law”. The event was part of the Center’s new mini seminar series on topic issues of Chinese law. The seminar was chaired by Ulla Liukkunen, Professor of Labour Law and Private International Law at the University of Helsinki and the Director of the Finnish China Law Center.

The seminar began with a presentation by Ronald Brown, Law Professor at the University of Hawai’i Law School on “Potpourri: Offshore Views of China’s Labor Laws and Practices”. Domestically, Professor Brown explained how labour laws in China are good on paper, however, are a work in progress, since there are significant inconsistencies in labour practices and enforcement. From the offshore perspective, he discussed the impact of domestic labour law on trade and investments. As an example, he noted how domestic Chinese labour practices can have cross-border impacts where they are carried to third countries through investments such as the Belt and Road Initiative.

The second presentation was held by Tianyu Wang, Associate Director of the Social Law Department of the Institute of Law, Chinese Academy of Social Sciences, on the topic “The internet platform labour law in China: The Rise, Controversy, and Policy Trends”. He noted that internet service platforms offer vast new opportunities in jobs and careers in China and introduced the four different organizational platforms in China. Professor Wang outlined the new legal challenges that the rise of platform work presents in labour law. Notably, the Chinese courts are faced with the difficulty in differentiating the type of relationships between platform workers and platforms as employers. He observed that in cases, the Chinese courts often rule that this relationship is a civil one rather than a labour relationship subsequently ignoring the control that platforms have over the workers.

The third presentation was held by Professor Ulla Likkunen on “Decent Work and SDG 8 – Observations of Chinese Approach”. Professor Liukkunen discussed how SDG 8, Decent Work and Economic Growth can add value to labour law since it is directly connected with the work of the ILO Decent Work Agenda, which reaffirms the objective of social justice. She discussed how China has developed the decent work programme by efforts related to increasing the quantity and quality of employment, promoting and extending social protection in the workplace and strengthening the rule of law and realization of fundamental principles and rights at work. She noted how work still needs to be done to implement decent work in China. Importantly, although China has not ratified all ILO fundamental conventions, all member states of the ILO including China should respect, realize and promote the ILO declaration on fundamental principles and rights at work regardless of the state of ratification.

The final presentation was held by Yan Tian, Assistant Professor & Assistant Dean at Peking University Law School on “A Constitutional Theory of Workplace Discipline in China”. Professor Tian outlined how Article 53 of the Chinese Constitution lists the duty of workplace discipline. Unlike most Constitutions, the Chinese one lists both the rights and duties of citizens. He explained how the Article has socialist roots in raising the consciousness of citizens in discipline, since factories were seen as an extension of the state. Progressively workplace discipline has evolved with China moving towards a market economy and capitalization to restrict the employers right to punish. The Article has thus evolved with the state only partially siding with employers and adopting a “preventative” or “educative” take on workplace discipline rather than punishment.

This blog post was written by the Center’s intern, Annette Rapo.

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Prof. Kimmo Nuotio giving guest lecture on Criminal Law and Sustainable Development at PKU Law School

Professor Kimmo Nuotio on 2 November 2021

On 2 November 2021, Professor Kimmo Nuotio, Board Member of the Finnish China Law Center held a guest lecture on Criminal Law and Sustainable Development as part of the PKU Law School Distinguished Global Faculty Lecture series. Professor Nuotio is a renowned legal scholar with extensive Chinese collaboration experience and a Professor of Criminal Law at the University of Helsinki. The Global Faculty lectures series is an opportunity for expert legal scholars to share thoughts and in-depth perspectives, whilst nurturing global awareness among students.

Within his lecture, Professor Nuotio examined how the notions of criminal law and sustainable developments have not often been linked to each other and calls for further discussion of this relationship. Examples such as environmental criminal law and corporate liability were discussed from this point of view. He outlined how according to the European view, criminal law should not be measured against purely instrumental values, therefore as a means to an end, since a state- or society-oriented view on criminal justice would risk the capability of criminal law to stand for individual freedoms and liberties. Professor Nuotio, however, noted that it is fair to consider how criminal law could best be used to support societal development. In his lecture, Professor Nuotio posed and examined several questions such as it is fair to ask about how criminal law could best be used to support societal development and whether the notion of sustainability actually adds anything new? Finally, the role of criminal law in regard to reaching the UN Sustainable Development Goals was discussed.

This blog post was written by the Center’s intern, Annette Rapo.