Tag: International Law

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International Law in Chinese Courts

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

Professor Björn Ahl, Helsinki, 6 September 2022

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

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

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

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

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Chinese Perspectives on Public 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
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Introducing the China-EU School of Law

In recent years, China has grown to be one of world’s largest economies, being second only to the USA. The GDP increase also means that the living standards of many Chinese have risen and that the government had the necessary resources to further develop China’s legal system. For example, criminal law has changed tremendously, but so did the economic system in order to attract foreign investors. Thus, as a consequence of both globalisation and the increasing importance of China, the need for legal professionals who can effectively combine European and Chinese law has grown as well.

In this post, the Finnish China Law Center would like to introduce The China-EU School of Law (CESL), a manifestation of Sino-European cooperation.  CESL officially opened on 23rd October 2008 at the China University of Political Science and Law in Beijing. It was funded and established by the European Union and the People’s Republic of China. Moreover, it is the only Chinese-European school of law worldwide. For the last decade, CESL has devoted its resources to educating the Chinese and international lawyers of tomorrow. Additionally, it provides professional training for lawyers, prosecutors, judges and civil servants and promoted research and collaboration in order to develop a society based on the rule of law. Thus, the school has successfully become a medium for legal education, research, exchanges and, most importantly, a bridge between the EU and China.

The international academic alliance between 13 European Universities and 3 Chinese universities and institutions is coordinated by the Faculty of Law at Universität Hamburg. Over the years, more than 10.000 Chinese and European students and law practitioners have participated in the school’s activities and there are around 400 students every year. The master’s programme appeals to both Chinese and international students as it provides the essential elements to thrive in the competitive legal field.  While European students can enrol in the English-taught Master of European and International Law (LL.M.), Chinese students can study a Double Master’s programme which combines the LL.M. with a Chinese-taught Master of Chinese Law. Additionally, a new English-taught International Master of Chinese Law for international students will begin in 2019. Furthermore, there are academic exchange options as well: European students can study in China for one semester, while Chinese master students can do an exchange in Europe for two months and Chinese PhD students can spend up to a year in Europe.

Photo credit: China-EU School of Law

Regarding research, the China-EU School of Law focus on examining the legal issues that affect both China and Europe. Thus, the school promotes and enables research on Chinese law, European law, International law etc. Additionally, it is also a forum for legal discussion, as its partners and associates contribute to its research network. The school is ideal for those who enjoy a comparative approach to law, as European students learn about Chinese law and culture and Chinese scholars expand their international law knowledge. Apart from this, the school also offers courses and training for legal professionals who want to broaden their horizons on international matters.

At its 10-year anniversary last year, Mr. Nicolas Chapuis, Ambassador of the EU, stated that: “Since its establishment 10 years ago, CESL has proven to be a center of excellence in legal education. It also has created a unique platform for exchange between Chinese and European students, scholars and legal practitioners, promoting and fostering mutual understanding and learning. Those exchanges can contribute considerably to more and better cooperation in an ever more connected world.”

Furthermore, the celebration offered an amazing opportunity to reflect on the development of the school over the years and on the state of contemporary legal academic cooperation. Various high-level representatives (such as EU Ambassador Chapuis and the former Minister of Justice Mr. Zhang Fusen) and alumni had the chance to share their experiences and insights with current students and members of the CESL network.

To conclude, CELS has majorly contributed not only to creating an enduring alliance between China and the EU, but also as an exceptional example of international cooperation for other countries and continents.

(Thanks to Ms. Adelina G. Dobrila for contributing text for this article).

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Yifeng Chen on Enforcement of Transnational Labor Standards

On 17 January 2019, Yifeng Chen, Associate Professor at Peking University Law School and Assistant Director of the Peking University Institute of International Law, gave a guest lecture at the Center. His topic was ‘Enforcement of Transnational Labor Standards by International Financial Institutions: a Chinese Perspective.’

Professor Chen noted that traditionally, International Financial Institutions (IFIs) had not been active in labor rights protection. However, since the late 1990s, the IFIs have grown more involved in labor matters. He pointed to the fact that since the 2000s, labor standards have been incorporated into the policy instruments of the IFIs, with examples set by the Asian Development Bank, the International Finance Corporation, the European Bank for Reconstruction and Development, the European Investment Bank, the Nordic Investment Bank, the African Development Bank and so on.

Professor Chen introducing the outline of his presentation, Faculty of Law of the University of Helsinki, 17 January 2019

 

However, IFIs’ approach to labor protection has been different from each other. Specifically, the levels of labor protection afforded are uneven among the institutions and the enforcement of labor rights remains diverse in practice. Additionally, institutionalization of labor standards within the financial institutions varies in terms of degree and means. In the course of this development, the ILO has played a very important and indispensable role in the dissemination of knowledge and expertise about labor standards.

Professor Chen posited that IFIs’ growing engagement with labor protection has created a recognized body of labor standards that are formulated, applied and enforced in a transnational context. The application of labor standards is project-specific, and is not based on the principle of personam jurisdiction, but instead the principle of in rem jurisdiction, linked to projects financed by the IFIs.

He then discussed what constitutes the content of IFI labor standards. All four ILO core labor standards, namely freedom of association and collective bargaining, prohibition of forced labor, prohibition of child labor, and non-discrimination in respect of employment and occupation, are generally recognized. Additionally, IFI labor standards may involve safe working conditions and other workers’ rights. His presentation also illustrated how controversial labor standards recognized by the IFIs are by referring to the World Bank’s position regarding the highly politically sensitive issue of freedom of association.

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Kimmo Nuotio Appointed Member of Peking University Law School Global Faculty

Finnish legal scholar Kimmo Nuotio has been appointed a member of Peking University (PKU) Law School’s new Global Faculty.

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.

Nuotio, professor of criminal law at the University of Helsinki and chair of the board of the Finnish China Law Center, also participated in other activities at PKU Law School’s annual international day event.

Peking University ranks in the top 30 universities worldwide, according to the Times Higher Education’s rankings data for 2018, and is a strategic partner of the University of Helsinki.

The Finnish China Law Center has worked closely with Peking University on a range of initiatives and research collaborations, including a number of Academy of Finland-funded projects, details of which can be found in the Finnish China Law Center: Report on its First Four Years.

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).

 

 

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Peking University Law School International Day 2018

The Faculty of Law of the University of Helsinki, based in one of the 10 member institutions of the Finnish China Law Center, participated in Peking University (PKU) Law School’s International Day on 19 October 2018.

The University of Helsinki was represented at the event by Kimmo Nuotio, professor of criminal law and chair of the board of the Finnish China Law Center and currently visiting professor at the Center for Ethics of the University of Toronto.

Professor Nuotio represented the Faculty of Law at a number of events, including the Global Law School Fair and Global Faculty Inaugural Ceremony, during which his appointment as a member of PKU Law School’s Global Faculty was announced publicly.

PKU Law School’s 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 the PKU Law School. Peking University ranks in the top 30 universities worldwide, according to the Times Higher Education’s rankings data for 2018.

Since 2015, Peking University has been a strategic partner of the University of Helsinki. The Finnish China Law Center has worked closely with Peking University on a range of initiatives and research collaborations, including a number of Academy of Finland-funded projects, details of which can be found in the Finnish China Law Center: Report on its First Four Years.

Professor Nuotio’s visit to PKU Law School coincided with a visit to the University of Helsinki by a senior delegation from Peking University, lead by Vice President Tian Gang, between 19 – 22 October.

Participants at Peking University Law School’s Annual Open Day 2018 (Picture credit: Peking University Law School).

 

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Seminar on Chinese IP Law and China and Global Governance Hosted by University of Lapland

On 12 November, the University of Lapland, in collaboration with the IPR University Center, hosted a seminar focusing on Chinese intellectual property law and China’s role in global governance.

The seminar, titled ‘Ongoing Reforms in Chinese and European Legal Frameworks’, was sponsored by the IPR University Center Association. The University of Lapland is one of the six Finnish institutions of the IPR University Center and a member of the Finnish China Law Center.

The event was free and open to the public, and was of interest to a variety of audiences including lawyers,  the business sector (including startups and entrepreneurs), students and scholars, as well as to the legislature and policymakers.

Event speakers included Professor Li Mingde, Director of the Intellectual Property Center of the Chinese Academy of Social Sciences, a key Chinese partner of the Finnish China Law Center.

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

Other key speakers included Sheng Hongsheng, Professor of Public International Law at Shanghai University of Political Sciences and Law and Director of the OBOR Judicial Research Institute at the the Supreme People’s Court.

Professor Matti Nojonen, Vice Chair of the Board of Directors of the Finnish China Law Center, also spoke.

Registration for the event was not compulsory. For those students who wished to gain 2 ECTS upon the attendance of the whole event, the event organized requested registration by 8 November.

The full program and list of speakers, as well as details on student registration, was available on the website of the University of Lapland.

University of Lapland (Photo credit: University of Lapland).

About the conference:

According to the latest figures from the World Intellectual Property Organization (WIPO), China filed the most patents of any country worldwide in 2015, with Chinese companies registering more than 1.3 million patents, in 2017, an increase of 14.2% per year since 2015. China’s rise as an economy focused on high-quality development, is a substantially significant economic event.

The expanding range of China’s economic interactions has provoked the most recent attention to China as an emerging superpower. China’s economic successes are impressive enough and deserve attention; they reflect China’s late entry into the international community, in organs such as UN and World Bank. Therefore, it is of vital importance to understand China’s role in the international legal system and to examining possible alterations in China’s foreign policy principles, laws and practices.

The seminar focused on different points:

  • Discussion of the ongoing reforms in these Chinese legal landscapes and contextualize and compare them to the ongoing reforms that are occurring in the European legal systems.
  • As Beijing has announced it will take more active role in international affairs, will the China’s traditional conventional role and approach to international law change?
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Book launch of ‘Normative Readings of the Belt and Road Initiative: Road to New Paradigms’ (Springer 2018)

On 29 August 2018, the Finnish China Law Center and the Faculty of Law of the University of Helsinki hosted the launch of the new book, Normative Readings of the Belt and Road Initiative: Road to New Paradigms (Springer 2018).

The book, edited by University of Helsinki scholars Professor Kimmo Nuotio and Doctoral Candidate Kangle Zhang, is an international collaboration with Chinese scholars.

Professor Shan Wenhua, Dean of the School of Law and founding Director of the Silk Road Institute for International and Comparative Law (SRIICL) at Xi’an Jiaotong University, also co-edited the publication.

Front cover of the new publication (picture courtesy of Springer).

The event was hosted by the Dean of the Faculty of Law of the University of Helsinki, Professor Pia Letto-Vanamo.

An overview of the book and its main themes was given by one of the editors, Professor Kimmo Nuotio.

Comments on the new book were provided by Professor Ditlev Tamm (University of Copenhagen) and Associate Professor Chen Yifeng (Peking University), who is also Docent in the Faculty of Law, University of Helsinki.

The event was free and open to the public.

About the new book

The edited volume of 12 chapters provides normative readings on China’s foreign affairs ‘master plan’ and signature policy of Chinese President Xi Jinping, the ‘Belt and Road’ Initiative.

According to Professor Kimmo Nuotio, co-editor and author of the book’s epilogue, the publication is an international effort that aims to shed light on under-explored non-trade normative aspects of China’s epic global infrastructure project, as well as the initiative’s socio-legal implications.

‘The book focuses on aspects of the so-called ‘New Silk Road’ Initiative that we thought deserved more attention, such as issues relating to culture and legal philosophy, environmental law and protection, social responsibility, and the rule of law, judiciary and the role of lawyers’, Professor Nuotio says.

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Scholars from the University of Helsinki Team with Chinese Researchers for New Book on China’s ‘Belt and Road’ Initiative

Scholars from the University of Helsinki, one of the Finnish China Law Center’s 10 member institutions, have in collaboration with Chinese scholars written and edited a recently published book, Normative Readings of the Belt and Road Initiative: Road to New Paradigms (Springer 2018).

The edited volume of 12 chapters provides normative readings on China’s foreign affairs ‘master plan’ and signature policy of Chinese President Xi Jinping, the ‘Belt and Road’ Initiative.

Professor Kimmo Nuotio of the Faculty of Law, University of Helsinki co-edited the book and penned its epilogue.

He says the publication was an international effort that aims to shed light on under-explored non-trade normative aspects of China’s epic global infrastructure project, as well as the initiative’s socio-legal implications.

‘The book focuses on aspects of the so-called ‘New Silk Road’ Initiative that we thought deserved more attention, such as issues relating to culture and legal philosophy, environmental law and protection, social responsibility, and the rule of law, judiciary and the role of lawyers’.

‘Given the scale and importance of the ‘Belt and Road’ Initiative, we also felt it necessary that the book generate critical insights into how the project could or should develop and be better regulated’, Professor Nuotio says.

The book was also edited by Professor Shan Wenhua, one of China’s leading scholars on the ‘Belt and Road’ Initiative.

Professor Shan is founding Dean of the School of Law and founding Director of the Silk Road Institute for International and Comparative Law (SRIICL) at Xi’an Jiaotong University.

Doctoral Researcher Zhang Kangle of the Faculty of Law, University of Helsinki, also co-edited the publication and authored a chapter on the relationship between China’s new financial institutions and the country’s global strategy.

Dr Guilherme Vasconcelos Vilaca, also of the Faculty of Law, University of Helsinki, contributed a chapter on ‘Strengthening the Cultural and Normative Foundations of the Belt and Road Initiative: The Colombo Plan, Yan Xuetong and Chinese Ancient Thought’.

The book is available for loan from the library of the University of Helsinki and for purchase online.

Front cover of the new publication (picture courtesy of Springer).
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Finnish China Law Center to Collaborate with the Polish Research Center for Law and Economy of China

The Finnish Center of Chinese Law and Chinese Legal Culture, a national umbrella organization of 10 member institutions located throughout Finland, will collaborate with the Polish Research Center for Law and Economy of China.

‘I’m pleased that the Finnish China Law Center will work with the Polish Research Center for Law and Economy of China and its School of Law and Economy of China’, says Professor Ulla Liukkunen, Director of the Finnish China Law Center.

‘It’s important for the Center to build inter-institutional and person-to-person relationships across the Nordic region and between the Nordic region and the rest of Europe’.

‘Strong relationships with our European partners complement the Center’s network of partnerships in China’, Professor Liukkunen says.

‘I look forward to working with the Center’s Director, Assistant Professor Piotr Grzebyk, to exchange information and experience about conducting China law-related research and education, and to explore deeper forms of inter-institutional cooperation’.

Professor Kimmo Nuotio, Chair of the Center’s Board, welcomes this initiative. ‘I have noticed rising interest in China in Polish academic circles. I visited the University of Warsaw just few weeks ago on other matters, and I was impressed about the work being done there’.

The collaboration was discussed during a visit to Finland by Maximilian Piekut, Deputy Head of the Polish Research Centre for Law and Economy of China.

Mr Piekut visited the country to discuss China law-related education and research collaboration between Poland and Finland, and to participate in Nordic China Law Week 2018. The Week was organized by the Finnish China Law Center and the Faculty of Law of the University of Helsinki.

The Polish Research Centre for Law and Economy of China is located within the Faculty of Law and Administration of the University of Warsaw.

The main objective of the Centre is to develop Sino-Polish relations in four fields: research, business, governmental cooperation and student exchange.

The goal of the Center’s activities is to enhance the quality of legal research in Poland and better implement innovative solutions in legal research for the benefit of science, business and society.

The School of Law and Economy of China, established in 2018 under the framework of the Polish Research Centre for Law and Economy of China, offers year-long interdisciplinary courses to students of all faculties, entrepreneurs and senior-level managers as well as representatives of state and local administration in charge of cooperation with their Chinese counter-parties.

The School’s program is designed to build up knowledge and understanding of the Chinese legal system, economy, culture and language. 

Applications for the School’s 2018/19 academic year close on 15 June 2018.

Photo credit: Polish Research Centre for Law and Economy of China, University of Warsaw
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Annual China Law Week Bridges Nordic Academic and Social Discussions on the Significance of Law in China and China’s Role in World Affairs

Nordic China Law Week 2018 was held between 17 – 23 April in Helsinki, Finland.

The week-long program included a China Law Research Workshop, seminars on China’s Belt and Road Initiative and people management in China, guest lectures on Chinese constitutional law and Chinese intellectual property law, a Nordic China Law Scholars Meeting and more.

Dean of the Faculty of Law at the University of Helsinki, Professor Pia Letto-Vanamo, opened the China Law Workshop and also gave a presentation on the topic ‘Taking Account of History When Researching Contemporary Law’

‘The Finnish China Law Center and the Faculty of Law of the University of Helsinki were pleased to organize and host this annual event’, said Professor Ulla Liukkunen, Director of the Finnish China Law Center.

‘The Center is proud to contribute to an important academic and social discussion within the Nordic region about the role and significance of law in China, and China’s increasing involvement in global affairs’, Professor Liukkunen said.

For Professor Liukkunen, the strength of Nordic China Law Week 2018 lay in the breadth and relevance of themes covered, the wide appeal of events to both the public and private sectors, and the involvement of scholars and participants from China, the Nordic region and other countries.

Professor Cheng Dawei (Renmin University), speaking about trade governance of China’s ‘One Belt, One Road’ initiative at the opening event of Nordic China Law Week 2018

‘That the events during the Week were so well-attended testifies to the fact that Nordic interest in Chinese law and the Chinese legal system continues to grow’, Professor Liukkunen said.

 

Acting Dean of Beijing Foreign Studies University Law School, Professor Yan Dong, visited Finland to speak during Nordic China Law Week 2018

‘I was particularly pleased at the diversity of participants during the Week. While the focus was primarily scholarly and academic, the organizers were careful to balance law, theory and concrete practice. This was important, including because of the Nordic business community’s deepening engagement with China’.

‘As Nordic China Law Week 2018 was organized to take account of both academic and practical perspectives, its events attracted participants not just from Nordic and Chinese academia, but also from legal practice, the Finnish corporate community – including entrepreneurs from Finland’s thriving startup scene, which is increasingly engaging with China – as well as participants from NGOs, international organizations, the media and the diplomatic community’.

Professor Ulla Liukkunen, Director of the Finnish China Law Center, speaking at the Nordic China Law Scholars Meeting during Nordic China Law Week 2018

‘For example, over 10 nationalities were represented among the more than 80 registered participants in the China Law Research Workshop. Startup founders, ambassadors, students, Finnish government representatives, leading Nordic scholars and representatives of multinational corporations discussed how to research and apply Chinese law, including the practicalities of doing field work and conducting business in China’, Professor Liukkunen said.

Assistant Professor Yan Tian (Peking University Law School) spoke on Chinese constitutional and labour law at events during Nordic China Law Week 2018

The Finnish China Law Center is thankful for the support provided by the University of Helsinki, one of the Center’s 10 member institutions.

‘The Center is grateful to Professor Jukka Kola, Rector of the University of Helsinki, for his support of Nordic China Law Week 2018, including through holding a Rector’s Reception after one of the Week’s flagship events, the China Law Research Workshop, hosted by the Dean of the Faculty of Law, Professor Pia Letto-Vanamo’.

Left to right: Professor Carl Fey (Aalto University); Mr Peter Vesterbacka (entrepreneur and business figure); Professor Ulla Liukkunen (Finnish China Law Center / University of Helsinki); and Dr Wei Lu (Aalto University), speaking during a panel session at a seminar on people management China at Aalto University during Nordic China Law Week 2018

Nordic China Law Week was also supported by the Confucius Institute and Chinese Studies of the University of Helsinki.

A representative from online database provider CNKI (Tsinghua University) speaking at the Information Session on Online Chinese Legal Research in the University of Helsinki’s main library during Nordic China Law Week 2018

Summaries of the main events held during Nordic China Law Week 2018 can be found below.

Tuesday 17 April: Trade Governance of the Belt and Road Initiative: Economic Logic and Institutional Arrangements

Wednesday 18 April: Latest Developments in Chinese Intellectual Property Law

Wednesday 18 April: How Important is China’s Constitution in the Chinese Legal System?

Thursday 19 April: China Law Research Workshop

Friday 20 April: Nordic China Law Scholars Meeting

Monday 23 April: Information Session on Online Chinese Legal Research

Monday 23 April: Seminar: What People Management Practices Work Best in China Today? Cultural and Legal Perspectives

More information about the Week, including media inquiries, can be directed to the Coordinator of the Center, Stuart Mooney, on stuart.mooney (at) helsinki.fi.

Details on the research agenda and activities of the Finnish China Law Center can be found in the book, Finnish China Law Center: Its First Four Years (2017).