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.

 

The Rise of China and Normative Transformation in the Arctic Region

Sanna Kopra Helsingissä 15.05. 2019. Compic/Kimmo Brandt

In today’s post, the Finnish China Law Center is pleased to introduce the research project ‘The Rise of China and Normative Transformation in the Arctic Region’ led by Dr. Sanna Kopra, Academy of Finland post-doctoral researcher in the Arctic Centre at the University of Lapland, visiting scholar in Aleksanteri Institute at the University of Helsinki, and Senior Fellow at the Arctic Institute.

The project was awarded €237,970.00 by the Academy of Finland, and is hosted by the Arctic Centre, University of Lapland, one of the member institutions of the Finnish China Law Center.

The research not only addresses China’s interests and activities in the Arctic, but also investigates the normative transformation those activities may support or initiate in the Arctic region. The project asks, with China’s growing role in the area, what kind of impacts it could have in the normative framework in the Arctic, what kind of norms China wants to promote or not to promote in the regional, and how the existing governance framework, particularly the Arctic Council, has addressed China’s involvement in the region. The project’s key concept is the notion of responsibility. Thus, it also examines China’s notion of responsibility in the Arctic, whether it is deferred from the one formulated by other Arctic players, especially the 8 Arctic states, and whether there is some normative discourse or differentiation between the non-Arctic states and Arctic states, etc.

Regarding research methodology, Dr. Kopra mainly uses content analysis and discourse analysis. Having a strong interest in history, she aims to combine also the historical approach to shed light on the historical evolution of the normative framework and notion of responsibility in the Arctic.

As part of the project, Dr. Kopra spent two months on a research exchange at the University of Tromsø in Norway during 2019. ‘It was a good academic exchange. It helped me develop new ideas, receive helpful feedback, and get new information and data’, she said.  She plans to conduct a research visit to Iceland next spring.

Publication:

 

 

 

 

 

The Artic Institute’s China Series

In today’s post, the Finnish China Law Center would like to introduce the China Series created by the Arctic Institute.

The Arctic Institute is an interdisciplinary and independent think tank with a mission of developing solutions for challenges in the circumpolar north by providing data, analysis, and recommendations to policymakers, researchers, and the public.

Over the past decade, China has shown an irrefutable growth of involvement in the Arctic region. In light of this development, the Arctic Institute launched the China Series which will offer a comprehensive account of China’s policies and interests in the Arctic. The China Series will consist of numerous articles and commentaries on China’s Arctic involvement from the angles of politics, economy, environment and social impact.

In January of 2018, a white paper titled “China’s Arctic Policy” was published by  the State Council of the People’s Republic of China. It solidified and expressed China’s interest in the region by setting policy goals and plans for participation by the government. The policy goal is simply stated as understanding, protecting, developing and participating in the governance of the Arctic, so as to safeguard the common interests of all countries and the international community in the Arctic, and promote sustainable development of the Arctic. It also sets China up as “near-Arctic state” thus giving it rights in the region to conduct scientific research, navigate, perform flyovers, fish, lay submarine cables and pipelines, and even explore and exploit natural resources in the Arctic high seas.

At the time this blog post is written, the first four texts have been published in the China Series. They cover China’s involvement in Greenland, China’s black carbon emissions, US concerns about Chinese threats in the Arctic, and China’s Arctic identity. The first article “The tortuous path of China’s win-win strategy in Greenland” by Marco Volpe (MSc.) examines the improvement of bilateral relationships between China and the Arctic States by investing into the regions, doing joint research and taking on environmental and safety challenges. The second text “Reducing China’s Black Carbon Emissions: An Arctic Dimension” by Yulia Yamineva (PhD, senior researcher at the Centre for Climate, Energy and Environmental Law, University of Eastern Finland) takes an environmental angle and delves into China’s black carbon emissions. The text challenges China’s policy on black carbon emissions and highlights the importance of future co-operation because of the vast possible impact globally. The third text goes into the risks relating to China joining the “race to the North”. Titled “Defining the Chinese threat in the Arctic” and written by Yun Sun (Co-Director of the East Asia Program and Director of the China Program at the Stimson Center), it highlights how the Arctic is becoming a new domain of the power struggle between the United States and China. The fourth text of the series “Identity and Relationship-Building in China’s Arctic Diplomacy” by Marc Lanteigne (Associate Professor of Political Science at UiT-The Arctic University of Norway) touches on the importance of the relationships of China and other stakeholders in the Arctic and the identity China is forming as a part of its Arctic diplomacy.

According to the Arctic Institute, the articles will help facilitate cooperation with China in the region by promoting the understanding of the political, economic, and environmental dimensions of China’s Arctic engagement. Currently, China is involved in mostly an economic capacity through a multitude of projects such as infrastructure and mining operations. In contrast, the governance involvement of China has been rather limited. The underlying message of the China Series seems to be that it is the job of policymakers to harness this presence for the good of the region.

This blog post was written by one of the Center’s interns, Jakub Pichna. Jakub is a Master’s student at the University of Helsinki’s International Business Law program with a BSc. in Economics and Business Administration from the University of Turku.

Photo by Bahnfrend

 

New publication: Chinese Policy and Presence in the Arctic

The Finnish China Law Center is pleased to introduce the new book entitled ‘Chinese policy and presence in the Arctic’ edited by Professor Timo Koivurova and Dr. Sanna Kopra from the University of Lapland.

The book was built on and developed from the report titled ‘China in the Arctic; and the Opportunities and Challenges for Chinese-Finnish Arctic Co-operation.’ The report was published in February 2019 as part of the project ‘Finland’s Arctic Council chairmanship in the times of increasing uncertainty’ funded by the Finnish Government’s Analysis, Assessment and Research Activities unit. It drew ample attention among the media and government officials from Finland and abroad, signaling an increased interest in China’s role in the Arctic. This has encouraged the authors to diversify and expand their approach to the theme.

The book offers an overview of China’s economic engagements in the Arctic, China’s policy regarding Arctic governance, and how it has evolved during the past years. It also discusses China’s interests and strategies in the region, and the initiatives the country has offered. It should be noted that the book is centered around economic and governance aspects, rather than the geopolitics implications of China’s involvement in the Arctic and its interaction with other players in the region.

‘Chinese policy and presence in the Arctic’ is the first comprehensive account of China’s endeavors in the Arctic region. ‘The book is unique in the sense that it does not follow the predominant alarmist approach which views China as a threat, but attempts to provide an objective analytical analysis of Chinese Arctic policy’, said Dr. Sanna Kopra. Since extensive reviews of China’s policy and presence in the Arctic are scarce, the book poses as a valuable contribution to the current collection of scholarly work on the topic and a must-read for students and scholars of China studies and Arctic affairs.

The book also offered an opportunity for the authors to focus on the environmental issues relating to China’s presence in the Arctic. The chapter ‘China, Climate Change and the Arctic Environment’ examines in great detail China’s ecological footprint in the Arctic and its role in international efforts to tackle climate change and pollution. ‘This is something that has not been discussed in this length in the existing literature’, added Dr. Sanna Kopra.

The book is available on the publisher’s website at https://brill.com/view/title/55687.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

China’s Arctic Policy – The ‘Belt and Road’ Initiative and the Nordic Countries

On 22 August 2018, the Finnish China Law Center, in collaboration with the Faculty of Law of the University of Helsinki, hosted a guest lecture titled ‘China’s Arctic Policy – The ‘Belt and Road’ Initiative and the Nordic Countries’.

The lecture was delivered by Egill Thor Nielsson, Executive Secretary of the China-Nordic Arctic Research Center (CNARC), Visiting Scholar at the Polar Research Institute of China (PRIC) and Shanghai Institutes for International Studies (SIIS), and Affiliated Researcher at the Institute of International Affairs, University of Iceland.

The event was free and open to the public.

Background 

China published its first Arctic Policy White Paper in January 2018 following years of preparation, including an introduction of a proposed ‘Polar Silk Road’. Prior to this, China joined the Arctic Council as an observer in 2013 and included the Arctic region in its Vision for Maritime Cooperation under the ‘Belt and Road’ initiative in June 2017.

What does it mean that China’s so-called ‘Belt and Road’ initiative has entered the Arctic region? How is this likely to affect potential Arctic investment and trade and influence legal developments?

This lecture will focus on China’s Arctic engagement, cooperation with the Nordic countries (including through the platform provided by CNARC), and its impact on Arctic developments in an evolving world order.

The event will be of interest to researchers, policy-makers, civil servants and those from civil society, as well as business people with an interest in both the Arctic region and in China’s overseas activities.

Egill Thor Nielsson, Executive Secretary of the China-Nordic Arctic Research Center, will speak in the Faculty of Law, University of Helsinki, on 22 August 2018. Photograph supplied.

 

 

Lecture by Dr Sanna Kopra on her new book ‘China and Great Power Responsibility for Climate Change’ (Routledge 2018)

On 14 August 2018, Dr Sanna Kopra gave a public lecture on her recently published book, China and Great Power Responsibility for Climate Change (Routledge 2018) at the University of Helsinki, one of the Finnish China Law Center’s 10 member institutions.

Dr Kopra spoke at the Aleksanteri Institute (Unioninkatu 33) in the University of Helsinki, one of the world’s largest and best-known centres in the field of Russian and Eastern European studies.

The event was free, open to the public and registration was not necessary.

Cover of Dr Kopra’s new book, China and Great Power Responsibility for Climate Change (Routledge 2018). Picture credit: www.crcpress.com.

About the speaker

Dr Kopra is a specialist on China and environmental responsibility. Her publications include academic articles and popular science texts on China’s climate policy, Arctic governance, sustainable development and international environmental responsibility. Her professional positions include Postdoctoral Researcher in the Aleksanteri Institute and Member of Helsinki Institute of Sustainability Science (HELSUS), both located in the University of Helsinki.

 

Dr Kopra speaking at another recent event about her book. Photo credit: Lena Gorbacheva, Aleksanteri Institute, University of Helsinki.

About the book

Based on a premise that great powers have unique responsibilities in international society, Dr Kopra’s book explores the way China’s rise to great power status transforms the notions of great power responsibility in general and in the context of international climate politics in particular. The book produces empirical knowledge on the Chinese party–state’s conceptions of state responsibility and the influence of those notions on China’s role in international climate politics.

Regarding theory, the book builds on and contributes to the English School of International Relations and argues that the international norm of climate responsibility is an emerging attribute of great power responsibility. The book also discusses the way China will act out its climate responsibility in the future and ponders broader implications of China’s evolving notions of great power responsibility for climate change. Thus, it seeks to shed new light on the transformations China’s rise will yield and the kind of great power China will prove to be.

University of Lapland Arctic Center Participation in the China-Nordic Arctic Research Center (中国 – 北欧北极研究中心)

Logo of the China-Nordic Arctic Research Center. Courtesy of https://www.cnarc.info/.

The University of Lapland, a member institution of the Finnish Center of Chinese Law and Chinese Legal Culture, is widely recognized as a leader in education and research on Arctic issues, including Arctic law.

The University’s Arctic Centre, located in the northern Finnish city of located Rovaniemi, is a national and international hub of information and a center of excellence.

The Centre conducts multidisciplinary research into changes in the Arctic region, including on environmental and minority law and Arctic governance. Members of the Arctic Centre staff serve as experts around the world.

The Arctic Centre is a member of the European Polar Board, an independent European Organization of Directors and Managers of the major European National Polar Programmes.

In recognition of its importance and influence on Arctic issues, the Centre is also a member of the China-Nordic Arctic Research Center (中国 – 北欧北极研究中心).

Established in Shanghai on 10 December 2013, the China-Nordic Arctic Research Center (CNARC) is composed of six Chinese and eight Nordic institutions that influence and coordinate Arctic research.

CNARC’s purpose is to provide a platform for academic cooperation to increase awareness, understanding and knowledge of the Arctic and its global impacts, as well as to promote cooperation for sustainable development of the Nordic Arctic and the development of China in a global context.

One of the key research themes for CNARC is Arctic policy-making and legislation. This is an increasingly important issue given the impacts of climate change in the Arctic, questions concerning the use of Arctic resources, and challenges and opportunities associated with economic cooperation and shipping in the Arctic.

 

Northern lights shimmering over the city of Roveniemi, home of the University of Lapland and the Arctic Center. Photo credit http://www.visitrovaniemi.fi

 

CNARC holds annual Symposia on issues of relevance to its mandate. This year’s symposium took place in Dalian, China, from the 24 – 26 May 2017  under the theme ‘Towards the Future: Trans-regional Cooperation in the Arctic Development and Protection’. Thematic sessions included Europe-Asia connectivity, the relationship between the Arctic and non-Arctic regions, and global governance of the Arctic Ocean.

More broadly, the University of Lapland was a pioneer of China-law related education and research in Finland. Its ongoing China law-related education and research activities and achievements can be found in the Finnish China Law Center’s recently published Report on its First Four Years (2013-2016).

 

Book launch on the role of Finland and China in Arctic Law and Governance!

In 2014, the Northern Institute of Environmental and Minority Law (NIEM, Arctic Centre) at the University of Lapland initiated a project to study and compare Arctic Law and Governance in Finland and in China, in cooperation with researchers from Wuhan University, China. The project identified similarities and differences between the positions of Finland (as an EU Member State) and China on Arctic law and governance.

In February 2017, a book titled Arctic Law and Governance: The Role of China and Finland was published as a result of the project. The book compares Finnish and Chinese legal and policy stances in specific policy areas of relevance for the Arctic, including maritime sovereignty, scientific research, marine protected areas, the Svalbard Treaty and Arctic Council co-operation. The book offers general conclusions on Finnish and Chinese approaches to Arctic governance and international law, as well as new theoretical insights on Arctic governance. “As an observer of Arctic Council, China shall play a greater and more responsible role in protecting the Arctic and promoting cooperation with Arctic countries,” Qin Tianbao, main Chinese partner of the Project and editor of the newly published book, concludes.

Mr. Qin is a Luojia Professor of Law, Director of the Research Institute of Environmental Law, Professor of the China Institute of Boundary and Ocean Studies and the European Studies Centre at Wuhan University, and Co-Editor-in-Chief of the Chinese Journal of Environmental Law. “One of my research fields is Arctic law and policy. Considering the esteemed reputation of our Finnish colleagues and our existing cooperation, we reached agreement to conduct comparative study.” Mr. Qin is planning to continue conducting comparative research between China and Finland in the future as well, in the field of marine environmental issues in the Arctic. “This project was very successful, and we hope to continue such cooperation.”

Timo Koivurova is the Principal Investigator for the project, is a Research Professor and the Director of the Arctic Centre of University of Lapland, Finland. We ask him about the key findings of the project. “China, while a global great power, is not a principle actor in the Arctic region specifically. At the same time, actors like Finland play above (and more than) their global weight in Arctic governance. As a consequence, a variety of Arctic-focused cooperative linkages have been established between small Nordic states and the global great power. China and Finland appear in fact to share a number of perspectives on Arctic affairs, despite asymmetry in country’s positions and different pathways to their interests in the Arctic region and Arctic cooperation. That includes interest in Arctic economic development, consequences of climate change in the Arctic, as well as countries’ Arctic expertise. In terms of political rhetoric, the discourses on economic possibilities and environmental vulnerability are visible in both countries. In turn, China and EU (and Finland) may diverge on the conservation of marine biodiversity in Arctic high seas.”

Mr. Koivurova has specialized in various aspects of international law applicable in the Arctic and Antarctic region. His research work addresses the interplay between different levels of environmental law, legal status of indigenous peoples, law of the sea in the Arctic waters, integrated maritime policy in the EU, the role of law in mitigating/adapting to climate change, the function and role of the Arctic Council in view of its future challenges and the possibilities for an Arctic treaty. He has been involved as an expert in several international processes globally and in the Arctic region and has published on the above-mentioned topics extensively. This newly-published book adds one more to the list. We had a privilege to interview Mr. Koivurova about the highlights and main findings of the project. Read the full interview here.

The book, “Arctic Law and Governance: The Role of China and Finland,” edited by Timo Koivurova, Qin Tianbao, Sébastien Duyck and Tapio Nykänen, is available for purchase on the publisher’s website.

Author: Cristina D. Juola