Peking University Law School and the Finnish China Law Center hold a seminar on Labour and Social Law

Front row: Professor Ye Jingyi (Vice-Chairperson, Peking University Law School) and Professor Pia Letto-Vanamo (Dean of the Faculty of Law, University of Helsinki). Back row: Yuan Li (student in the master’s programme in International Business Law, University of Helsinki and intern at the Finnish China Law Center), Assistant Professor Yan Tian (Assistant Dean, Peking University Law School), student in the bachelor of Law programme at University of Helsinki, Professor Ulla Liukkunen (University of Helsinki, Director of the Finnish China Law Center), Assistant Professor Jari Murto (University of Helsinki), and Le Bao Ngoc Pham (Coordinator of the Finnish China Law Center)

To mark the long history of extensive collaboration, Peking University Law School and the Finnish China Law Center hosted an afternoon seminar on Labour and Social Law.

The seminar has held on Friday 13 December 2019 at the University of Helsinki.

Professor Yan Tian, Faculty of Law, University of Helsinki, 13 December 2019

The Seminar opened with a presentation by Yan Tian, Assistant Professor & Assistant Dean at Peking University Law School on the topic ‘Towards a Constitutional Theory of Chinese Labor Law’. Professor Yan first described three constitutional visions of labour as arm, spine and embryo of the Constitution. Among the three, the vision of labour as the spine of the Constitution, which makes the Constitution paralyzed if lost is most popularly perceived among Chinese academics. He noted that labor is an important means to achieve the five major values of the Constitution, which comprise of livelihood, democracy, equality, honor and efficiency. Professor Yan went on to examine the constitutional commitment of China’s 1995 Labour Law. The Law has incorporated all the five values of constitutional labor in Chapter 1, particularly in Articles 1, 3, 5, 6, 7, and 8. However, he observed that the commitments have not been perfectly implemented in practice. For livelihood, there has been unfair distribution for labor. In the distribution system in China, the Government and businesses take a very big share. There is only a small part left for the workers. For democracy, it has been a hollow hope for most Chinese workers. The union system is bureaucratic and fails to represent the real interests of the workers. Regarding equality, in recent years, gender discrimination has been striking back. People now begin to challenge whether it is necessary to have so many women in workplaces. Relating to honor, labour is presumed by many as providing less earning and therefore, less respectable. Finally, about efficiency, debates over the inflexibility of labour law has arised in recent years. It is arguable that the labour law system is too rigid to able to accommodate the changing reality of Chinese workplace, especially in informal labour. In his final remark, Professor Yan suggested that labour law must not only keep up with the general trend of labor relations reform, but also be able to incorporate constitutional orders into the reform process, while serving as the legal platform to intergenerational synthesis.

Professor Jari Murto, Faculty of Law, University of Helsinki, 13 December 2019

In the next part of the Seminar, Jari Murto, Assistant Professor in Labour and Social Law at the University of Helsinki gave a presentation on ‘The Basic Income Experiment in the context of Finish Social Security System’. Professor Murto began with a short overview of the Finish social security system. The system is driven by the principle of universality, according to which the system covers all persons living (permanently) in Finland, and the principle of causality which renders right to social security benefit or services based on the specific reason (unemployment, illness, childbirth or studies, etc). The Finnish social security is divided into residence-based and employment-based social security. Residence-based social security is financed by taxation and administered by the Social Insurance Institution Kela. Employment-based social security is based on employee status, and paid for by employment related payments and contributions made by employee and employer, independent insurance companies and unemployment funds and labour market social partners. He next introduced the Basic Income Experiment carried out by the Finnish Government during 2017 and 2018. The purpose of the experiment was to gather information on the effects of basic income on labour market activities, and to examine social security models in the context of changing labour market as well as societal changes. The experiment met with criticism that it only choose unemployment people as target group, and exclude persons working in part-time employment relationships. Professor Murto finally discuss different type of problems in transitions in the labour market. The issues involve how to ensure employment rate of 75 %, how to guarantee that companies are able to recruit skilled work force and lack of skilled work force does not follow problems to business, and how to minimize risks to individual person relating interruptions and transitions in the labour market.

 

Speakers’ bios:

Yan Tian is an Assistant Professor & Assistant Dean at Peking University Law School. In addition to constitutional law, Assistant Professor Yan’s research interests include labour law and administrative law. He has published a monograph on employment discrimination law and several articles in the Chinese, English, and Korean languages. Previously, Professor Yan served as Post-Doctoral Fellow in the Peking University Law School. In addition to Bachelor and Master degrees from Peking University, Assistant Professor Yan has J.S.D. and LL.M. degrees from the Law School of Yale University.

Jari Murto is an Assistant Professor in labour and social law at the University of Helsinki. His main research interests are related to the determination on terms of employment as well as development of labour law norms, norm system and doctrines of labour law.  Professor Murto’s dissertation on “Company specific Group Norms” (2015) was a systematization of legal norms created at the company level concerning groups of employees. In the area of social law Murto’s main research interests are related to transitional labour market and legislation institutions in different type of transitions. Before University of Helsinki, he worked at the University of Turku.

 

University of Helsinki Faculty of Law and Peking University Law School discuss cooperation

On 13 December 2019, following the signing ceremony which renews the bilateral exchange agreement between the University of Helsinki (UH) and Peking University (PKU), Professor Ye Jingyi and Assistant Professor Yan Tian had a meeting with Professor Pia Letto-Vanamo, Dean of the Faculty of Law, University of Helsinki, and Professor Ulla Liukkunen, Director of the Finnish China Law Center. During the meeting, the two sides discussed possibilities of further cooperation between their respective Faculties of Law.  

Professor Ye Jingyi and Professor Pia Letto-Vanamo

Professor Liukkunen highlighted the latest developments in Chinese law research and education at UH with the introduction of Faculty of Law’s new international master’s programme called Global Governance Law (GGL) which offers study track in Chinese law. ‘GGL would attract many students who are passionate about learning Chinese and comparative laws from a Nordic perspective’, said Professor Letto-Vanamo. Professor Liukkunen added that meanwhile, the Finnish China Law Center habeen receiving several requests to conduct visiting research hereIn view of the applicants’ qualification and experience, the Center will incorporate them into the Center’s research projects and academic lectures and seminars. The Center also houses several interns from different legal backgrounds and legal cultures, who involve in legal research, editing and writing on the law and China, and events organized by the Center. In April 2020, the Center will again hold the China Law Research Workshop providing an overview of how to approach Chinese legal research and comparative law research involving China. 

Professor Ye remarked that the GGL programme would be a great basis for future collaboration. PKU would consider recommending young scholars for visiting and giving lectures in the programme. She also mentioned that PKU highly valued the Center and UH Faculty of Law’s effort in promoting Chinese law and legal culture in Finland and the Nordic, and would like to joint hand in developing Sino-Nordic comparative law researches in civil law, social security, labour law, and human rights. ‘The Nordic legal model, especially in labour law, is very strong and unique. It is indeed what China can learn from,’ she remarked. 

PEKING UNIVERSITY Vice Chairperson VISITS UNIVERSITY OF HELSINKI, renews exchange agreement between the two Universities

On 13 December 2019, the University of Helsinki, represented by Vice-Rector of Internationalisation, Professor Hanna Snellman had the pleasure to welcome a delegation from Peking University led by Professor Ye Jingyi, Vice Chairperson, University Council, Peking University, Professor and Director, Institute of Labour and Social Security Laws, Peking University Law School. During the visit, Peking University delegation met also with Dr. Erkki Raulo, Senior Advisor of Research Services, and Dr. Anna-Maria Salmi, Head of Development of International Affairs, and Professor Ulla Liukkunen, Director of the Finnish China Law Center and Board Member of the European China Law Studies Association.

From left to right: Assistant Professor Yan Tian, Professor Hanna Snellman, Professor Ye Jingyi, and Professor Ulla Liukkunen

The visit was an excellent opportunity for Peking University and University of Helsinki to update on topical affairs and current collaborations in the framework of their strategic partnership, and renew the exchange agreement strengthening academic contacts between the two universities.

Peking University has been one of the oldest partners of the University of Helsinki since 1983. The two Universities enjoy high level of international cooperation in research and education, especially in the legal field.

Professor Liukkunen recalled the long history of cooperation, in which Peking University Law School, the Finnish China Law Center, and its member institutions have worked together on many successful research projects, as well publications. The fruitful Sino-Finnish collaboration, she remarked, has been made possible through fundamental support from Professor Ye, Assistant Professor Yan Tian, Assistant Professor Yifeng Chen, and many other colleagues at Peking University Law School.

Professor Ye commented that Peking University has greatly benefited from strategic partnership with the University of Helsinki, especially in law, air quality, education and medicine. Most notably, she regarded the joint legal activities as great achievement, which helps foster and develop comparative studies and understanding of Finland and China’s unique legal models and legal cultures. She hoped the long-last cooperation between two Universities will continue for many years to come.

The meeting concluded with Professor Snellman and Professor Ye signing the bilateral exchange agreement between University of Helsinki and Peking University

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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