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Professor Lu Jianping, Executive Deputy Dean of BNU Law School, Gives Keynote Address at “Internationalization of Law” Symposium in Paris

Published: 2012-04-19

From April 10 to 12, 2012, at the invitation of Prof. Mireille Delmas-Marty, an academician at the French Institute of the Academy of Sciences and honorary professor at the College de France, Prof. Lu Jianping, Executive Deputy Dean of the BNU Law School, attended the international symposium, “Internationalization of Law --- the Pathology and Metamorphosis of Responsibility, Territory and Sovereignty in the Era of Globalization” – in Paris, France, and gave the keynote speech at the gathering.

The  “Internationalization of Law” is a long-term international collaborative research project that was born from the Sino-French cooperative project, “International Guidelines for Criminal Law,” launched jointly by Prof. Lu Jianping and Prof. Delmas. The Chinese delegation was led by Prof. Gao Mingxuan, a well-known criminal law expert, who was assisted by Prof. Zhao Bingzhi and Prof. Lu Jianping. The French hosted the lecture, “Comparative Law and the Internationalization of Law,” by Professor Delmas of the College de France. The final research findings of the project were published in both China and France in five French and three Chinese volumes. The success of this cooperative project has strengthened the sustainable development of future cooperation.

With the initiative of Prof. Delmas and the support of the European Union, the “Le Droit en Europe” project, the training program for talented Chinese young people in law, was begun in 1997. So far, more than a hundred have received training and done internships in France or other EU countries and have been awarded Master’s degrees or doctorates in law. Since 2005, the project, “The Internationalization of Law,” has established cooperation with the United States, Brazil and China, with Prof. Delmas as the leader and the French project team as the core, and has conducted extensive and in-depth discussion on the main relevant issues in the era of globalization. In October, 2008, and June, 2011, the Sino-France cooperative network carried out intensive research on administrative law, the relationship of international and domestic law, anti-corruption legal system construction, the legal protection of private property and personal privacy, and other issues that have become priorities in an era of globalization. In addition, the France-Pakistan network and the France-US network have conducted fruitful research and held discussions involving the core issues of climate change, cyberspace, death penalty reform and human rights protection, among others.

The Paris symposium of the Internationalization of Law was the first meeting of the Sino-France, France-Brazil, and France-US cooperative networks. It was sponsored by the College de France, with the full support of the French Foreign Ministry. The French representatives included Prof. Delmas, a member of the French Institute of the Academy of Sciences; Mr. Badinter, the former French Minister of Justice and chairman of the Constitutional Council; Mr. Sauvé, the President of the Supreme Administrative Court; Mr. Canivet, the former President of the Supreme Court; Mr. Guillaume, the former President of the International Court; Mr. Paul Boucher, the President of France’s Highest Administrative Court; Mr. Pierre Morel, the former French Ambassador to China and current EU ambassador in central Asia; Mr. Alan Boyle, the former President of the United Nations International Law Commission, Prof. Ruiz-Fabri, Dean of the Law School of the Université de Paris I; Prof. Wei Pixin of the College de France; and many other leading scholars in the area of jurisprudence. Representing Brazil were Mr. Lafer, the former Foreign Minister and a member of the Brazilian Academy of Sciences; Mr. Rezek, former Foreign Minister and former President of the International Court; Prof. Casella of the University of Sao Paulo, Brazil; Mr. Baptista, a professor from the University of Sao Paulo, Brazil, the arbitrator of the Hague Permanent Court of International Arbitration and a member of the WTO Appellate Body. Among those representing the United States were William Fletcher, Justice on the Ninth Circuit Court of Appeals; Prof. Michel Rosenfeld of the Cardozo School of Law; Prof. Vivian Curran of the Law School of the University of Pittsburgh; and Prof. Diane Marie Amann of the University of Georgia. From China were Prof. Lu Jianping, the Executive Deputy Dean of the Law School at BNU; Prof. Jin Banggui, Director of the Eurasia Institute of AIX-Marseille University; Prof. Li Bin of the Law School of the Harbin Institute of Technology; Associate Professor Zhang Li of the China University of Political Science; and Li Qinglan of the Paris Lawyers Association. The chairpersons for the Chinese project, Prof. Gao Mingxuan and Prof Zhao Bingzhi, were unable to attend due to schedule conflicts.

The theme of the symposium was “The Pathology and Metamorphosis of Responsibility, Territory and Sovereignty in the Era of Globalization.” At the opening ceremony, Prof. Lu Jianping first reviewed the planning background of the cooperative research with Prof. Delmas, Prof. Gao Mingxuan and Prof. Zhao Bingzhi in Beijing twenty years ago, looking back to the key stages of the Sino-French cooperative project. He focused mainly on the introduction of the major fruits of the cooperative research, education and system construction, among other key aspects of the project.

During the second session, chaired by Mr. Sauvé, the President of France’s Highest Administrative Court, Prof. Lu Jianping gave the keynote address on territoriality. From the combined perspective of Chinese history and reality, he elaborated on the territoriality principle over the complicated and tortuous course of Chinese national construction. He discussed the blind arrogance and imperialism of the extra-territorial period imposed after the Opium Wars; then the pursuit of sovereign independence over the course of the national building process; followed by a sense of breakthrough in the territorial principle after the reform and opening up (including nationalism, jurisdiction protection and universal jurisdiction); and after this, the multi-jurisdictional attitude in the context of “one country, two systems.” Lastly he touched on cross-jurisdictional changes in the context of globalization.

Mr. Sauvé spoke highly of Prof. Lu’s report; he noted that the report was informative and enlightening, rich with content, well-developed and having a clear point of view, which also engaged the interest of the participants. The delegates had a very lively discussion on the topic.

In the third session, the American representative, Judge William Fletcher, delivered, ??the keynote speech entitled, “Challenges to The Sovereignty Principle,” focusing on the sovereignty issues of the new era from the perspectives of cyberspace governance, global climate issues and death penalty reform.

The Chinese representatives, Associate Professor Zhang Li and attorney Li Qinglan, also spoke on the governance of cyberspace and death penalty reform in China.

Prof. Ruiz-Fabri stressed in his concluding remarks that in the era of globalization, although national sovereignty faces various challenges, this cannot be thought to be bringing on the demise or weakening of national sovereignty. Nations continue to have irreplaceable and important duties regarding the protection of human rights and the environment and network governance, among other issues, and so national sovereignty will hold.

In the open seminar session on the afternoon of April 11, Prof. Delmas spoke on the internationalization of law. The American representative, Justice Stephen Breyer, Pakistani representative Prof. Baptista and Chinese representative Prof. Li Bin all spoke, with the final presentation made by Mr. Ruiz-Fabri.

On the morning of April 12, the final session on the agenda (“Summary and Prospect”) was held in the Grand Ballroom of the French Ministry of Foreign Affairs. The meeting was chaired by Ambassador Pierre Morel. The Director of the Globalization Bureau of the French Ministry of Foreign Affairs gave the welcoming remarks on behalf of the French Foreign Minister, Alain Juppe. Prof. Delmas introduced the origins of the cooperative project. Following this, Ambassador Pierre Morel reviewed the 1997 Sino-French bilateral summit statement and bilateral exchanges and cooperation in the legal field. Then concluding remarks were made by Justice Stephen Breyer, Mr. Rezek and Prof. Lu Jianping. Professor Lu Jianping stressed that the understanding of and attitudes toward international law and the globalization of law in the different stages of the Chinese national construction have been varied, experiencing a conflicting process of rejection, acceptance, then active participation and positive contribution. However, he said that China maintains that international law is the modern international law, built on the basis of the Five Principles of Peaceful Co-existence, and that national and ethnic equality is an important principle of international law.

Finally, well-known French statesman, Mr. Badinter, noted in his remarks that the closing ceremony of this symposium was being held in the hall of the French Foreign Ministry, which was also the birthplace of the EU --- itself a classic work of international law. He said that, given current conditions, the challenges posed by the internationalization of law should be seen as positive rather than negative, and so the issue should be seen as Metamorphosis and not Pathology.

A symposium with such a significant and clear theme is of important theoretical and practical value. The high-level participants from China, France, the United States and Brazil represent different legal cultures on four continents. The keynote reports were well-prepared, and the reviews and free discussion were also of a very high standard. While there exists differences of opinion and different points of view, there is also much consensus, including the idea that the important responsibility and role of countries in the legal globalization process cannot be replaced; that state sovereignty is extremely important for the protection of human rights; that promoting international peace and improving global governance are very important; and that the internationalization of law does not mean the harmonization of laws throughout the world but rather the integration and coordination of different legal systems. Further, that given a premise of respecting the different legal cultures and systems around the world, mutual exchanges, dialogue and cooperation should be encouraged and exchanges and cooperation among the nations’ jurists and legal practitioners be seen as a prerequisite to effectively promoting the  internationalization of law and a step toward international fairness and justice. 



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