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.
On 15 March 2022, the Finnish China Law Center organized the online mini seminar titled ‘Chinese Perspectives on Public International Law’. The speakers were Yifeng Chen, Associate Professor at Peking University Law School and Björn Ahl, Professor and Chair of Chinese Legal Culture at the University of Cologne.
The seminar began with Professor Yifeng Chen’s presentation on “Conceiving Infrastructures as Governance: China and the Belt and Road Initiative (BRI)” which highlighted the implications of BRI infrastructure projects on regional and international governance. Professor Chen noted that infrastructures such as ports, special economic zones, highways, railways, and airports are heavily invested in since they are important in terms of connection, integration, as well as circulation of goods, knowledge, and power. Infrastructures are embedded in social arrangement and economic life. Thus, it is a strong embodiment of China’s standards and politics. He further explained the economic, political and social influences of the BRI infrastructure projects on host states and communities affected by the projects as well as their role in the establishment of a multilateral governance blueprint.
In his presentation on “Chinese Positions on Global Constitutionalism, Community of Common Destiny for Mankind and the Future of International Law”, Professor Björn Ahl emphasized that global constitutionalism is not only a hermeneutic device for understanding new developments in international law, but also represents a political agenda that argues for the further constitutionalization of international law. In a similar vein, the Chinese concept of a community of common destiny for mankind provides ideas for forward-looking political action to shape international law. He went on to discuss Chinese legal discourses and government statements that relate to elements of global constitutionalism and the community of common destiny to identify the values and structures of the future international legal order envisaged by China.
Professor Björn Ahl (left) and Professor Yifeng Chen (right), 15 March 2022
Björn Ahl is Professor and Chair of Chinese Legal Culture at the University of Cologne. He currently holds the position of President of the European China Law Studies Association. The Finnish China Law Center had the pleasure to conduct an interview with him on his personal experience and recommendations for students and young professionals in researching Chinese law.
Professor Ahl began with his law studies at the University of Heidelberg in the 1990s and spent one year at the Law School of Nanjing University as an exchange student to improve his Chinese and take classes in Chinese law. According to him, foreign students in Chinese law schools were very rare at that time. ‘It was quite an open atmosphere among students, and we had fascinating discussions about Chinese and international law issues’, he reminisced. After finishing his law studies in Germany, he worked for some time at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, and then went back to Nanjing University to become the Associate Director of the Sino German Institute of Legal Studies. The interactions with Chinese colleagues and students during these times and being able to witness Chinese law’s rapid development had profoundly shaped his interests at this early stage of his career.
The focuses of Professor Ahl’s research include Chinese public law, comparative law and Chinese positions on public international law, and his main interests have always been comparative law and public international law. In his doctoral dissertation, he studied the application of international treaties in China. Since then, Chinese scholarship of public international law and Chinese state practice of public international law have become more and more relevant and complex topics.
During his teaching and research in Cologne, Professor Ahl has contextualized Chinese law by applying a concept of legal culture in order to tackle the challenges of studying Chinese law from an external and comparative perspective. He observed that while the context of law is regularly omitted in doctrinal legal research that takes an internal, participant-oriented approach to its object of study, external factors are more relevant for the understanding of foreign law if the people who study such law do not share the same preconceptions and preconceived attitudes as those who create and apply the law. Therefore, an approach to the research of Chinese law that is specifically sensitive to the historical, political, economic and institutional conditions of the creation, application and enforcement of law appears most suitable to avoid misconceptions and misrepresentations about the meaning and operation of Chinese law.
When being asked about the methodologies for conducting research in the field of Chinese law from the perspective of a foreign researcher, he pointed out that the answer to this question depends on the research question that the researcher wishes to pursue. However, if one likes to investigate a doctrinal question, he suggested that the researcher should not entirely omit context factors, in particular, if he or she takes a comparative approach. Otherwise, the researcher may end up with false or misleading results. He contended that this applies to the study of any foreign jurisdiction and does not pertain exclusively to Chinese law.
The interview concluded with Professor Ahl’s advice for students and young professionals wanting to go into researching Chinese law. He remarked that the fundamental basis of any meaningful research in Chinese law is a good proficiency in Chinese language. The next asset would excellent training in Chinese law. He recommended enrolling in a Chinese law school through an exchange programme as the most practical way to have the first exposure to Chinese law. He additionally noted that it would be very useful to get an insight into how law works in practice, which can be done through an internship in a Chinese law firm.
The Centre hereby takes the chance to express our gratitude to Professor Ahl for taking the time to participate in our Featured Researchers interview series.
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.
The Finnish China Law Center’s role is aimed at deepening bilateral research and education cooperation between China and Finland on sustainability issues, including ‘corporate social responsibility, sustainable business practices, labour law, environmental law, Arctic-related laws and other fields of mutual interest’, according to the Plan.
Professor Yifeng Chen, Associate Professor and Assistant Dean (International) of Peking University Law School, says the Plan is ‘a testimony to how quickly the Finnish China Law Center has established itself over the years of its operation’.
‘The Center is an important platform for intellectual exchange between legal scholars in Finland and China, and increasingly the Nordic region as a whole’.
Professor Chen, also Docent of International Law in the University of Helsinki, was visiting Finland to give a guest lecture in the Finnish China Law Center at the time the Plan was released.
Front page of the Joint Action Plan between China and Finland. Finnish President Sauli Niinistö and President Xi Jinping published the Plan to promote a bilateral partnership between the two countries during President Niinistö’s state visit to China in January 2019. Source: https://um.fi.
The Global Faculty consists of 20 invited international members and is the first of its kind in China, and was established with the aim of furthering the internationalization of the activities of PKU Law School.
The appointment was made public at the Global Faculty Inaugural Ceremony held as part of PKU Law School’s International Day 2018 on 19 October 2018.
PKU Law School Global Faculty Inaugural Ceremony, 19 October 2018. Professor Kimmo Nuotio, a member of the Global Faculty, is seated far left in photo. (Photo credit: PKU Law School).
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 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:
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.
In a further sign of the strong and growing academic ties between the two institutions, a senior delegation from Peking University, lead by Vice President Tian Gang, has visited the University of Helsinki.
During a visit to the University of Helsinki, Peking University Vice President Tian Gang (pictured fourth from left) and other members of the visiting delegation met with University of Helsinki Rector Jari Niemelä (center of picture), Vice Rector Hanna Snellman (pictured third from left), Director of the Finnish China Law Center Ulla Liukkunen (pictured fourth from right in front row) and other senior scholars from the University of Helsinki.
During her presentation, Professor Liukkunen noted that the Finnish China Law Center had for many years received strong input to developing its core activities from the Peking University Law School, which has worked together with the Finnish China Law Center and its member institutions on many research projects, as well as co-organized a number of international academic conferences, seminars and other events.
Professor Liukkunen also underscored her personal gratitude to friends and colleagues in Peking University Law School, including Professor Zhang Shouwen, Professor Ye Jingyi, Professor Li Ming, Professor Liang Genlin, Associate Professor Su Jiang, Assistant Professor Yan Tian and many others whose contributions have led to strong Sino-Finnish cooperation across different fields of law.
In addition, Professor Liukkunen noted that Professor Chen Yifeng of Peking University continues to play a key role in forging strong strategic legal research and education relationship between the universities, and increasingly China and the Nordic countries more broadly.
On 27-28 September 2018, Professor Pia Letto-Vanamo, Dean of the Faculty of Law of the University of Helsinki and a member of the board of the Finnish China Law Center, attended the 2018 annual summit of the New Silk Road Law Schools Alliance.
The 2018 Annual Summit included academic discussions and a meeting of Alliance deans.
The academic sessions included the book launch of the edited volume by Professor Wenhua SHAN, Professor Kimmo Nuotio, and Mr. Kangle Zhang. Professor Nuotio is Professor of Criminal Law in the Faculty of Law at the University of Helsinki and Kangle Zhang, who also attended and spoke at the Summit, is a Doctoral Researcher in the Faculty of Law of the University of Helsinki.
The Summit also included presentations by participants from various member law schools on topics such as business activities and human rights along the Belt and Road (Professor Michael Hor of the University of Hong Kong), dispute settlement of electronic commerce (Professor Yun ZHAO of the University of Hong Kong), and environmental rights along the ‘Belt and Road’ initiative (Kangle ZHANG of University of Helsinki).
Professor Pia Letto-Vanamo, Dean of the Faculty of Law of the University of Helsinki, in middle front of photo, pictured with other attendees of the Annual Summit of the New Silk Road Law Schools Alliance in RUDN University, 27-28 September 2018. Photo courtesy of RUDN University.
At the deans’ meetings, issues including academic collaboration amongst member law schools, publication of research results, comparative law education and student exchange programs.
Professor Zhao Hongrui, Dean of the School of Humanities, Social Sciences and Law of Harbin Institute of Technology, has donated his major work on China, rule of law and national security to the Finnish China Law Center.
The Chinese-language publication, ‘China’s Civilized Rise and Rule of Law in National Security’ (China Legal Publishing House 2015) draws upon his inter-disciplinary research and insights gained in his roles as Vice-President of the WTO Law Institute and President of the One Belt, One Road Economic Security and Rule of Law Institute of the China Law Society.
Professor Zhao Hongrui, Dean of the School of Humanities, Social Sciences and Law of Harbin Institute of Technology, presenting his book during a visit to the Faculty of Law of the University of Helsinki to Professor Ulla Liukkunen, Director of the Finnish China Law Center, on 12 October 2018
University of Helsinki
