Tag: Rule of Law

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Multiple Visits to China Cap Year of Growing Bilateral Legal Research and Education Collaboration between the University of Helsinki and China

The end of 2017 saw a flurry of visits of scholars and staff to China from the University of Helsinki, one of the 10 member institutions of the Finnish China Law Center.

The visits capped off a year marked by ever-deepening cooperation between the University of Helsinki and Chinese scholars and institutions.

In October 2017, Rector of the University of Helsinki, Jukka Kola, led a large delegation of scholars and staff to China.

The purpose of the Rector’s visit was to underscore the significance the University of Helsinki attaches to its friends and partners in China.

During his visit, Rector Kola further developed the important relationship between the University of Helsinki and Peking University, a key partner institution in China of the Finnish China Law Center.

Rector Kola also spoke at an event organized by the Beijing Alumni Club hosted by Finland’s Ambassador to China, Jarno Syrjälä.

The event organizer and Head of the China Alumni Board – Chen Yifeng, Assistant Professor of Law at Peking University – is also Docent of the University of Helsinki and a legal scholar of international renown who played a central role in establishing, and growing, the Finnish China Law Center.

Rector of the University of Helsinki Jukka Kola speaking with Professor Chen Yifeng of Peking University at the China Alumni Club event held at the residence of the Finnish Ambassador to China on 14 October 2017 (Photo credit: Helsingin yliopiston alumniyhdistys)

More about Professor Chen’s engagement and research in the University of Helsinki and the Finnish China Law Center can be found in the recently published Report on the First Four Years of the Center.

Sanna Villikka, acting Head of Administration of the Faculty of Medicine, was also part of the Rector Kola’s delegation.

Ms Villikka visited China in her former capacity as Senior Advisor in Research Funding Services at the University of Helsinki’s City Centre Campus. The purpose of her trip was to develop staff exchange between the University of Helsinki and Peking University, to further enhance the University of Helsinki’s relationship with the Chinese Academy of Social Sciences, and to emphasize the high esteem with which the University of Helsinki views its relationship with the Faculty of Law of Peking University.

Another important visit to China was by then Dean of the Faculty of Law, Professor Kimmo Nuotio.

Professor Kimmo Nuotio of the University of Helsinki speaking at the CASS Rule of Law Forum, Beijing, November 2017 (Photo credit: Institute of Law, Chinese Academy of Social Sciences)

Professor Nuotio joined the Annual Meeting of the Silk Road Law Schools Alliance hosted by Wuhan University.

The Faculty of Law of the University of Helsinki is one of the founding members of the Alliance, which is composed of leading law schools from China and abroad.

The Annual Meeting has become a platform for law schools to meet and discuss academic research, collaboration and legal education.

Doctoral Candidate Kangle Zhang, contact person of the Alliance from the University of Helsinki, also joined the meeting.

Professor Kimmo Nuotio and Doctoral Candidate Zhang Kangle of the University of Helsinki with representatives from other institutions involved in the Silk Road Law Schools Alliance, at the Alliance’s annual meeting in November 2017 (Photo credit: Wuhan University)

Professor Nuotio was invited to give public lectures at universities across the country, including Peking University, the University of the Chinese Academy of Social Sciences, Wuhan University, Shandong University, and Wuhan University of Technology.

Professor Nuotio also gave a presentation at the Chinese Academy of Social Science’s annual international Rule of Law conference in Beijing.

Held on 17–18 November, the theme of the 2017 conference was ‘Modes of Rule of Law and Modernization of State Governance’.

Professor of Criminal Law at the University of Helsinki, Sakari Melander, was similarly invited to present at the CASS Rule of Law conference, which doctoral candidate Zhang Kangle also attended.

Professor Sakari Melander of the University of Helsinki speaking at the CASS Rule of Law Forum, Beijing, November 2017 (photo credit: Institute of Law, Chinese Academy of Social Sciences).

Professor Jukka Viljanen, of Finnish China Law Center member institution the University of Tampere, was also invited to give a presentation at the conference.

Yet another senior scholar from the Faculty of Law at the University of Helsinki to visit China in late 2017 was Senior Lecturer and Adjunct Professor Dr Jarna Petman, who lectured on human rights at Peking University in October 2017.

In addition to her many academic and professional responsibilities, including serving as a Commissioner of the International Commission of Jurists, Professor Petman also visits and lectures at the prestigious Peking University Law School on a regular basis.

These visits have been supported by CIMO’s funding for the collaboration between Erik Castrén Institute of International Law and Human Rights and Peking University’s Institute of International Law.

Senior Lecturer (att. to the duties of Professor) of the University of Helsinki / University of Turku and Sanna Villikka (University of Helsinki) in Beijing, October 2017 (Photo credit: Sanna Villikka)

The CIMO project, the result of an application made by Kangle Zhang, was jointly managed by several staff of the Faculty of Law of the University of Helsinki prior to its conclusion at the end of 2017.

During its two years of operation, the project facilitated a range of successful activities that deepened collaboration between the Faculty of Law of the University of Helsinki and Peking University Law School.

The end of 2017 also saw a flurry of visits from China to Finland.

These inbound visits included two delegations in November alone.

The first of these, a large delegation of judges from the Chinese province of Yunnan, resulted in a productive seminar on comparative juvenile justice in Finland and China.

The second visit, by the leadership of Beihang University Law School, lead to the signing of a new MOU on legal research and education cooperation.

This new relationship has already borne fruit, with the announcement by Beihang University Law School of the establishment of its Nordic Law Center, the first of its kind in China.

2018 is shaping up to be even busier for the University of Helsinki and the Finnish China Law Center.

In addition to guest lectures, visiting speakers and other smaller-scale activities, the Center is hosting or co-organizing a number of international events.

These include a China Law Workshop (Helsinki, April – tbc), the 9th Bilateral Comparative Law Seminar (Beijng, August – tbc) with the Chinese Academy of Social Sciences, and the 6th China-Europe Legal Forum with the China Law Society (Helsinki, November – tbc).

Follow the Finnish China Law Center on Twitter (@ChinaLawCenter) and Facebook (@ChinaLawCenter) to keep up-to-date with the latest news, events, publications and other activities of the Center and its member institutions.

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Conference ‘The Legacy of Liu Xiaobo’, organized by Erik Castrén Institute of International Law and Human Rights, held on 12 January 2018

On 12 January 2018, the Erik Castrén Institute of International Law and Human Rights, based in Finnish China Law Center member institution the University of Helsinki, held a day-long conference ‘The Legacy of Liu Xiaobo’.

The international conference featured speakers from countries including China, Singapore, USA, Britain and Finland and discussed the life and choices of Liu Xiaobo, Nobel Peace Prize laureate and recently deceased, that stood as an example of political and ethical activism in a world yearning for such examples.

Jean-Philippe Béja delivering his keynote address

Speeches during the event, which was organized by Professor Jan Klabbers and Post-Doctoral Researcher Guilherme Vasconcelos Vilaça, evoked Liu Xiaobo’s experience, investigated its legacy and reflected on broader themes of China’s constitutional, rights, ethics and international relations thinking and practice.

 

The event’s keynote speech was given by Jean-Philippe Béja of the Centre national de la recherche scientifique & Centre de recherches internationales, who spoke on ‘Liu Xiaobo’s Legacy: Life in Truth, the Magic Weapon Against Post-Totalitarian Lie’.

Other speakers included Hermann Aubié (Aston University), who spoke on ‘Unlearning Enmity and Hatred: Listening to Liu Xiaobo’s Voice of Conscience by Revisiting his Struggle for Human Dignity and a Future Free China’ and Fu Hualing (University of Hong Kong), who spoke about public interest lawyering in China.

Professor Jan Klabbers speaking on ethical leadership in Helsinki, 12 January 2018

Professor Panu Minkkinen of the University of Helsinki spoke about the significance of human rights in the context of critical legal theory, after which Eva Pils (King’s College, London) discussed ‘China’s Dual State And Its ‘Enemies’ Under Xi Jinping’.

 

Professor Fu Hualing speaking during the ‘The Legacy of Liu Xiaobo’ conference in Helsinki, 12 January 2018

Professor Jan Klabbers of the University of Helsinki discussed ethical leadership, drawing upon his research on virtue ethics, and Post-Doctoral Researcher Guilherme Vasconcelos Vilaça’s (University of Helsinki) talk covered values and China’s ‘Belt and Road Initiative’.

 

 

Presentations were also given by Associate Professor Michael W. Dowdle (National University of Singapore), Professor Ralph Weber (University of Basel) and Professor Justin Tiwald (San Francisco State University), and the morning and afternoon sessions were chaired respectively by Post-Doctoral Research Fellow Maria Varaki and Associate Professor Pamela Slotte.

 

Dr Guilherme Vasconcelos Vilaça, an organizer of the event, speaking on values and China’s Belt and Road Initiative, University of Helsinki, 12 January 2018

 

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Professor Jukka Viljanen (University of Tampere) Gives Constitutional Law Presentation at CASS Rule of Law Conference in Beijing

In a further display of the growing links between legal scholars and institutions in China and the Nordic countries, Professor Jukka Viljanen of Finnish China Law Center member institution the University of Tampere was invited to give a presentation during the annual Chinese Academy of Social Sciences (CASS) international Rule of Law conference.

The theme of the 2017 conference was ‘Modes of Rule of Law and Modernization of State Governance’.

The 2017 conference, held on 17–18 November in Beijing, was divided into five thematic areas.

Professor Viljanen spoke on the theme ‘The Rule of Law, Constitution and State Governance’.

In his lecture, Professor Viljanen discussed the Finnish experience on amending the constitution, noting that Finnish constitutional laws were extensively reformed in 1980-90’s.

This progress was illustrated by the drafting of the 2000 Constitution. The Constitution was planned to endure over time and as the Constitutional Law Committee has stated, there should not be constant demand to review the Constitution.

Professor Jukka Viljanen speaking at CASS Rule of Law Forum, Beijing, November 2017 (photo credit: Institute of Law, Chinese Academy of Social Sciences).

Professor Viljanen outlined how the threshold to make changes to the constitution has increased. In order to make changes a wide societal consensus must be achieved. In Finnish political history, there has been a tradition of coalition governments and a requirement that approval by two parliaments, with general elections between them, is required. This ensures that all parties are involved in the drafting process of the Constitutional amendments.

‘The contemporary approach connects each review of the constitutional provisions to fundamental principles of the Constitution’, Professor Viljanen observed.

‘At the same time, it also highlights the need to follow our international human rights commitments’.

As Professor Viljanen explained, even in the case of surveillance laws, there are no ‘free hands’. Rather, national application of laws goes hand-in-hand with European supervision. The level of scrutiny is, of course, different in each specific circumstance.

A session during the CASS Rule of Law Conference, Beijing, 17–18 November 2018 (photo credit: Institute of Law, Chinese Academy of Social Sciences).

In his talk, Professor Viljanen also explained the pending process of amending the constitution in relation to surveillance laws, a ‘hot topic’ in Finland at the moment. The review was founded on the requirements set out by the European Convention on Human Rights.

‘National security as a legitimate aim traditionally affords a wide margin of appreciation to national authorities’, Professor Viljanen said.

‘However, there are also limits to this margin’.

In order to make the working proposal to be in line with the European case law, the failures that took place, for instance, in the Russian case of Roman Zakharov, serve as a telling reminder for the Finnish legislator.

‘This means that in addition to the textual re-formulation of the Constitution, the practice of the Constitutional Law Committee should follow closely the standards set out by the Strasbourg Court’, Professor Viljanen said.

‘The idea of the constitutional amendment is not to provide unrestricted mandate’, Professor Viljanen argued during his talk.

‘Rather, it is to seek a solution to questions regarding surveillance that are in accordance with European standards. This doctrinal link sets out certain detailed requirements that should be taken into account while preparing ordinary legislation regarding the surveillance’.

‘The Strasbourg Court’, Professor Viljanen said in closing, ‘acknowledges efforts to follow the established case law by stating that there needs to be “strong reasons” to substitute views of domestic authorities with its own views’.

Professor Viljanen was joined at the CASS Rule of Law Conference by Professor Kimmo Nuotio and Professor Sakari Melander, both from Finnish China Law Center member institution the University of Helsinki.

The international scope of the conference was reflected in the breadth of participants, with scholars in attendance from Peru, Russia, Italy, Poland, Brazil and other countries.