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

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

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

 

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

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

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

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

 

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

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

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

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

 

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

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

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

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

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

 

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

 

NEW PUBLICATION: CHINESE CONTEXT AND COMPLEXITIES — COMPARATIVE LAW AND PRIVATE INTERNATIONAL LAW FACING NEW NORMATIVITIES IN INTERNATIONAL COMMERCIAL ARBITRATION

Ulla Liukkunen, Professor of Labour Law and Private International Law at the University of Helsinki and Director of the Finnish China Law Center, has published an article under the title “Chinese context and complexities – comparative law and private international law facing new normativities in international commercial arbitration”. The article appeared in the first edition of the electronic journal Ius Comparatum, a new project of the International Academy of Comparative Law (IACL) that focuses on the necessity of using comparative methods in order to get a better understanding of international arbitration.

The article discusses how recent developments in Chinese private international law affect international commercial arbitration. In global terms, the organization of cross-border dispute resolution is changing as a part of the Belt and Road Initiative (BRI) development. With the BRI, Chinese interest in international commercial arbitration has gained a new dimension as BRI promotes the expansion of Chinese dispute resolution institutions and their international competitiveness. These developments challenge the current narrative of international arbitration.

The article states that private international law is explored as a framework for discussion of noteworthy characteristics of the Chinese legal system and legal culture that are present in international commercial arbitration. Comparative methodology is proposed to be rethought so that it can promote an understanding of Chinese law in the arbitration process. The article argues for adopting comparison as a methodological approach in arbitration. Comparison as a process penetrates the decision-making of arbitrators, also governing the conflict-of-law dimension. Moreover, the article argues that considerations of the Chinese private international law and arbitration regime speak for a broader comparative research perspective towards international commercial arbitration.

The article as well as the whole journal are available on the website of IACL.

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

Programme of China Law Week 2020 announced

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

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

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

The detailed programme can be found here.

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

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

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

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

 

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.

Belt and Road Initiative in Russia and Kazakhstan

On Wednesday 4 March 2020, a partner of the Finnish China Law Center, the Confucius Institute at the University of Helsinki held a seminar on the topic of ‘Belt and Road Initiative in Russia and Kazakhstan’.

Considering that 7 years have passed since the Belt and Road Initiative (BRI) was introduced by President Xi Jinping at Nazarbayev University in 2013 and there has been increasing awareness of this project and suspicion of its exact impact and influence, the Seminar aimed to provide up-to-date views and perspectives of two experts from Russia and Kazakhstan regarding the BRI.

Professor Julie Yu-Wen Chen, Professor of Chinese Studies and Director of Confucius Institute, opened the Seminar.

The Seminar began with a presentation on  ‘The Belt and Road Initiative: Views from Russia’ from Professor Nikolay Samoylov (St. Petersburg State University). Professor Samoylov remarked that the Russian Government regards the BRI as having economic and political significance since boosting Russia and China’s relation and promoting alignment of the Eurasian Economic Union and the Silk Road Economic Belt are elements of the BRI. For Russian politicians and leaders, the future of the Eurasian Economic Union is very important, and they wish to connect it with the Chinese BRI.

He added that the BRI is becoming an increasingly crucial aspect of China and Russia’s cooperation as shown through the active negotiation and consultation process of promoting Eurasian economic integration within the framework of the Eurasian Economic Union and the Silk Road Economic Belt. In 2017, the Eurasian Economic Commission drew up a list of prioritized projects to be implemented by Eurasian countries in support of the Silk Road Economic Belt project. A majority of these projects involve the construction of new roads and modernization of existing roads, establishment of transport and logistic centers, and development of key transport hubs. Russia has proposed 3 main logistic projects, including the construction of a high-speed railway between Beijing and Europe, motorway connecting China, Kazakhstan, Russia, Belarus, and Europe, and development of the Northern sea route. Professor Samoylov noted that Russia has set out the goal that over the next 6 years, it shall increase the full capacity of the Baikal – Amur Main Line and the trans-Siberian railway to 880 million tonnes per year, cut fright delivery time from far East to the Western border of Russia to 7 days, increase the volume of transit of shipments on Russian railways almost four-folds, thus turning the country into a global leader in cross Asia transit shipping. Therefore, these projects are especially significant to Russia.

Professor Nikolay Samoylov on Russia’s views toward the Belt and Road Initiative

Over the past 5 years, Russian international relation experts have produced a large quantity of academic and expert publications and debates designed to explain the BRI to the society and political elites. There is a firm opinion that the implementation of the BRI would inevitably strengthen China’s influence in the Central Asia region. However, some expert groups opine that the Silk Road Economic Belt is essential for changing the entire global geopolitics. They are convinced that Russia should retain the role of a regional leader in Central Asia and that integration with the Silk Road Economic Belt is not an obstacle, but a facilitating factor. Others view Beijing’s actions not as an opportunity but a threat to Russian national defense. In between these two extreme trends, another group tries to explain Beijing’s actions through their own interpretation of social-economic goals in China. They contend that China’s priority is to solve China’s social-economic task which is not possible without an active foreign policy. This task focuses on 3 areas: creating new transport and logistic infrastructure to link Europe and Asia via Russia, directing Chinese investment in the high-tech industry and engaging China through investment, loan, and technology, implementation of projects that use new instruments for the development of Russian Far East and northern sea route.

The Seminar continued with a second presentation titled ‘How is BRI Playing in Kazakhstan? Findings from a Survey’ by Professor Chris Primiano (KIMEP University) which focused on Kazakhstan and particularly how students at KIMEP University view the BRI. Professor Primiano explained that university students in Kazakhstan represent the future elites and so it is important to get engaged with students at KIMEP, one of the leading universities in Kazakhstan to understand how they view the Chinese BRI.

Professor Primiano observed that there is tremendous discontent in Kazakhstan directed at China for two main reasons being Chinese FDI and the situation in Xinjiang with the vocational camps. The Chinese FDI comes with Chinese workers in contrast to western FDI. In order to accept one of these infrastructure projects the host government also accepts Chinese workers. The perception of jobs being taken away from locals in Kazakhstan and that the Chinese workers are benefiting more than Kazakhstani nationals create a good amount of push-back. The actions of China in Xinjiang also add to the disapproval from certain segments of Kazakhstan since there have been many ethnic Kazakhs or Kazakhstani nationals who have been in these vocational camps.

Professor Chris Primiano on how students at KIMEP University view the BRI

The survey by Professor Primiano and his colleagues aims at finding out whether participants view the BRI as a win-win/mutually beneficial situation, or as China benefiting itself at the expense of Kazakhstan. The survey questions were related to demographic variables (age, gender, income, rural or urban, etc) and attitudinal variables impacting one’s views on the BRI i.e. What are their views on democracy? and Do they equate democracy with economic development than with political rights?

Some general trends can be inferred from the survey. Those whose parents earn higher incomes viewed China more favorably. Those whose parents have higher education view China in a more positive way. The students who equate democracy with economic development would view China more positively and those who equate democracy with social or political rights concept will have a negative take on China. The people spending more time reading and watching TV news tended to have a more unfavorable view of China.

Professor Primiano explained that the survey employed both open-ended and closed-ended questions, for example: What do you associate with China? Why is China involved in Central Asia with infrastructure and development projects? And does the BRI create a win-win for Kazakhstan? etc. Regarding the first question, 206 of the respondents had positive views about China’s BRI, associating it with advancing globalization, trade and mutual benefits. 27% wrote that BRI was about neo-colonialism with China benefiting at the expense of other countries. Some respondents said they ‘never heard of this’ or ‘do not know anything about the BRI.’ On the second question, less than 3% of the participants replied that the BRI was not mainstream in Central Asia. The majority said that China’s purpose was its own interests only. 30% opined that it was to advance the interests of China and other countries in Central Asia. The remaining 11% answered with ‘don’t know’ or ‘not sure.’ Relating to the third question, 60% felt that they lack proper information to comment on the matter.

To sum up about the survey, Professor Primiano remarked that a strong majority were not well aware of this initiative while surprisingly, China selected Kazakhstan as a place to announce BRI and there have been significant investments and tremendous funding from China. In the future, survey experiments will be done with treatment and control groups provided with additional information on the BRI.

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

Introduction to this blogpost

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

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

New Silk Road Law Schools Alliance and the related publication

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

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

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

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

General Experience of collaboration with Chinese scholars and institutions

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

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

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

Background of Prof. Kimmo Nuotio

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

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

 

Introduction to this blog post

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

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

The birth of China Law Center

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

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

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

Impact and other Thoughts about the China Law Center

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

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

CASS President and delegation visiting the China Law Center in 2017

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

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

Background of Prof. Kimmo Nuotio

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

New Items added to the China Law Center Collection

We want to bring you a great news today by presenting you the latest entries in the China Law Center Collection, kindly hosted and managed by the University of Helsinki library in Kaisa-talo! These new Chinese and English entries are donated by our partner institutions, notably Peking University, and they are going to enrich the already wide array of collection items. In this blog post, we will give you a full tour of these new entries — their details in general, and how to find them electronically and physically!

Table of Contents

What are the new items?

Until November, there are 39 new items entered in the China Law Center Collection for the year 2019. These items are donated to the Center from our partner institutions, notably from Peking University. In order to introduce these new items, let us start with some numbers:

Language of Materials in Newly Added Collection

Most of the English new items are entry-level textbooks for readers that would like to have an introductory view on Chinese legal system, but there are also some in-depth analysis of recent Chinese legal developments, such as the commentary on State Secret Law, Civil Procedural Law and Corporate Governance. Regarding the Chinese books, there are many high-quality publications on in-depth analysis of Chinese legal theories and the Chinese legal system, such as several publications on research about management of state-owned enterprises and other assets (2007, 2010, 2011), a publication on civil servant and their transparency, as well as two important works on human rights law (first and second editions).

Among the new items, there are quite a number of books about Chinese legal system and Chinese legal theories, both in general and specific topics. These include works on development of Chinese legal system, from the dawn of civilization all the way up to modern developments (such as in securities law and civil justice).

For those who want to navigate between legal Chinese and legal English, there are two new items in the Collection that suit such need precisely: one lists commonly used legal Chinese and legal English term, and the other presents legal English from a Chinese perspective.

Where can I find them?

You can find these new items, together with the whole China Law Center Collection, either through online database (Helka) or by visiting Kaisa-talo at University of Helsinki.

For Helka, all the books and materials in the China Law Center collection can be looked up by entering search terms in the search bar or, using this link to instantly get the required parameters in Helka. Or, you can limit the call number in your advanced search to be “hc 4. krs oikeustiede china law center collection”.

For the physical collection, the Collection is located on the 4/F of Kaisa-talo library, at the end of the Law catalogue, on the side facing Fabianinkatu (See map with this link).

If you want to have a closer look at the catalogue, here is the excel workbook containing the list compiled by both the Library and the Center, with brief introductions in both English and Chinese (will be updated at intervals).

Yes! This unique Chinese-Finnish collaboration work might interest you:

Name (Chinese): 法制改革与法治发展 : 中国与芬兰的比较
Name (English): Legal reform and the development of rule of law: a comparison between China and Finland
Editors: Chen, Su and Liukkunen, Ulla
Published Year 2019 Publisher: Social Science Academic Press/
社会科学文献出版社
Classification Jurisprudence – Legal Philosophy
Summary: This is a collection of research output presented in the 8th and 9th Sino-Finnish Comparative Law Seminars, co-hosted by Chinese Academy of Social Science (CASS) Institute of Law and Faculty of Law, University of Helsinki. These research output included popular topics among the legal development and scholarly fields of Finland and China, namely legal reform and development; sustainable development and environmental regulatory regime; Internet, AI and responses from the legal system; and compilation and amendment of civil code. The editors believed that this publication would encourage Sino-Finnish legal cultural exchange and comparative reference to the legal systems of both countries, would provide beneficial theoretical and knowledge basis for furthering Sino-Finnish legal development.
HU Library Call No. Hc 4. krs Oikeustiede China Law Center Collection Fazhi Link to the Book

I have a question about the China Law Center Collection. Where should I contact?

If the question concerns the collection itself, or you have question regarding research or library-related stuff, please contact the relevant librarian and staff at the University of Helsinki library. You can find their contact information here.

Questions regarding the China Law Center can be forwarded to the Center, via the contact methods listed here.

Before the end of the blog post, we have to thank deeply both the University of Helsinki library staff, as well as the China Law Center interns for lending extra hands in processing and transporting these new items to the library! Without their immense help, these new items would not be able to be provided to the public with such speed and accuracy. 

Thanks the interns and the library staff for taking care of the Collection!

 

‘China and One Belt, One Road in the Post-World War II International Legal System’: Guest lecture, 15 November (CANCELLED)

The Finnish China Law Center’s planned event on 15 November 2018 in its ‘One Belt, One Road’ Series, a public guest lecture and discussion on ‘China and One Belt, One Road in the Post-World War II International Legal System’has been cancelled. The Center apologies for any inconvenience.

The lecture was planned to be given by Professor Sheng Hongsheng, Professor of Public International Law at Shanghai University of Political Sciences and Law and Director of the One Belt, One Road Judicial Research Institute of the Supreme People’s Court of China.

The Finnish China Law Center’s ‘One Belt, One Road’ Event Series

The public guest lecture and discussion was the latest of many events in the Finnish China Law Center’s series on China’s massive economic and strategic agenda, the so-called ‘One Belt, One Road’ initiative. Other events held earlier in 2018 as part of the series include:

Normative Readings of the Belt and Road Initiative: Road to New Paradigms

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

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

Biography of Professor Sheng

In addition to his position as Professor Public International Law at the, Professor Sheng is Director of the One Belt, One Road Judicial Research Institute of the Supreme People’s Court of China.

Professor Sheng’s academic interests focus on international law, international relations, international organisation, international humanitarian law and international criminal justice. He has published over eighty articles in leading academic journals at home and abroad, as well as six books: Challenges and Responses in International Criminal Law (2017), Constraints on the Use of Force—Legal Aspects of Armed Conflict in Early 21st Century (co-author, 2014), NGO’s in Contemporary International Relation (2004), United Nations Peacekeeping Operations: Legal Aspects (2006), Developments in British Politics and Its Foreign Policy (2008) and State Responsibility under International Law in Anti-Terrorism Campaign (2008).

In June 2011, Professor Sheng was granted the title Qianjiang Professorship by the People’s Government of Zhejiang Province, China. He is Senior Colonel (Ret. & Res.) after retirement from military service in 2009. From April 2004 to April 2005, Professor Sheng was United Nations Expert on Mission for the MONUC in the Democratic Republic of the Congo, serving as Team Leader of Military Observers and Senior Liaison Officer. He was also appointed by the Chief of the Mission Chair of Independent Board of Inquiry to review international criminal cases. In April 2005, he was granted the United Nations Medal (In the Service of Peace).

Professor Sheng Hongsheng (Shanghai University of Political Sciences and Law) will speak at the Finnish China Law Center on 15 November 2018. Photo credit: Sheng Hongsheng.