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::::::::::i:::r::::i::::::l:i.::::.i ; i I i"i::i::::::::: :::::::l International Law in China: The Xiamen Academy of International Law By N. Alexander Aizenstatd, Guatemala Geneva, The Hague, notable space law scholar Professor reluctance can also be understood as Heidelberg, New Bin Cheng; Professor Malcolm Shaw; a strateglc decision aimed at achiev- York and New IIa- Oxford Professor Vaughan Lowe; Max ing a better negotiated outcome of ven are commot ly Planck Institute for Comparative disputes by using its economic clout regarded as cities of Public Law and International Law and influence. As one Xiamen Law important influence Director Professor Dr. Armin von Bog- School Professor con{ided, however, on international dandy; and Professor Ivan Shearer. China's reluctance to participate in law. Should Xiamen This impressive list includes impor- formal adjudicating institutions is in China be added tant academics, policymakers and sure to change soon. This, she indi- A. Aizenstatd to this list? This practitioners. The tentative program cated, would include an accePtance year the Xiamen Academy of Interna- for next year includes several U.N. of the compulsory jurisdiction of the tional Law held its fifth consecutive undersecretaries and the President International Court of Justice. summer course on international law. of the International Tribunal for the Some have argued that adherence The program is modeled after the one Law of the Sea. to international courts is necessary offered in the Peace Palace. Every The establishment of an interna- fnr continued prosperity in Asia. year for the past five years, interna- tional law academy of world repute We can see some examples of this tional law scholars from all over the in China is of great interest. China's already; among them was China's world have gathered for an intensive relation to traditional notions of acceptance of WTO dispute resolu- three-week summer course. It offers international law has not always tion procedures. I remain skeptical one general course on international been harmonious. As Professor Wilde since there is an important degree of law along with several others on re- of the London School of Economics difference between arbitration panels, cent developments in this field. I had explained, international law, as we even those with appellate procedures the opportunity to attend this year. know it, is mostly a product of West- like the WTO, and permanent judicial The Xiamen Academy is rapidly ern influence and European policy. institutions.z In China, in matters building an impressive reputation China is an important policymaker of international law, there is still an and has managed to attract some in the global field and a permanent important cultural and policy prefer- of the leading scholars worldwide. member of the IJ.N. Security Council. ence for negotiation, consultation and This year the courses were taught by There has always been at least one consensus as well as an important Professor W. Michael Reisman (of ]ilale Judge of Chinese nationality in the economic leverage in negotiations. Law School and the President of IC- International Court of .Iustice. Most While the rest of the world is active SID), Professor Christine Chinkin (of recently, Judge Shi Jiuyong retired in creating permanent tribunals (e.g., the London School of Economics and a and was replaced with Judge Xue Court of Justice of the EuroPean former member of the LI.N. Goldstone I-Ianqin. China, however, has never IJnion, Buropean Court of Human Commission), Professor Ralph Wilde been party to a proceeding before the Rights, Central American Court of (of the University of London) and IJ.N. World Court nor has it accepted Justice, Andean Tribunal, African Judge Abdul Koroma (from the In- its compulsory jurisdiction. This Court of Human Rights), Southeast ternational Court of Justice), among reluctance to participate in interna- Asia and China are still relying on many other scholars.t The Xiamen tional adjudicatory institutions is not negotiation and consensus.if Whether Academy, as Judge Koroma explained, limited to the World Court but in- this will continue to be the case re- has full support from the Justices of cludes most permanent international mains to be seen. the World Court, and its mernbers tribunals. China, and a large part of The Xiamen Academy of Interna- regularly come forward to teach each Asia in general, refrain from creat- tional Law presents an imPortant year. ing or participating in international opportunity for international law Xiamen is a lesser known city in tribunals. This could be a result of an scholars to gather and discuss current the mainland, right across the strait adherence to Confucianist ideals of issues from their own legal traditions of Taiwan, but it is quickly develop- harmony. Some have argued that the and perspectives. Although Xiamen ing a reputation in international use of formal court proceedings on the University is large and well-funded, law and an ability to attract leading international {ield woulcl be tlisrup- it is not yet as impressive, nor does policymakers and academics in the tive to the principles of balance and. it have the resources, of the major field. Past lecturers have included harmony, In the case of China, this European and U.S. institutions. Electronic copy available at: http://ssrn.com/abstract=1724504 ffiii E i###ffi Notwithstanding, the Chinese appeal unique opportunity to share views Shanghai. Taxi drivers generally don't has managed to attract scholars fi'om on sensitive topics like Taiwan. This speak English or read Latin char- many parts of the world. It was sur- was interesting for me in particular acters, so be sure to have your hotel prising to see a few foreign students, consiclering that my country, Guate- address spelled in Chinese characters. including some from the U.S., fran, mala, is one of the few States that has You can expect crowds everywhere Turkey and Russia, working towards official cliplomatic relations with the and at all times. Foreigners are usu- their law degrees in Xiamen Univer- island. ally stopped in the street fbr pictures. sity Law School. During the summer Besides scholarly work, the course This was common in Xiamen but also course, participants from all over the was also an opportunity to explore our in large cities like Beijing.a world provided an important forum cultural differences. I have lived in Xiamen, located in the Fujian for discussing current topics of inter- Latin America, the U.S. and Germany, province, is a city of more than 2.5 national law. Among these: the threat but this was the first time I have re- million, which is small by Chinese or use of nuclear weapons; maritime ally experienced "culture shock." On standards. It is a lovely city near the cleanest barricades; anticipatory self-defense ; one occasion I was chased down the ocean. It was ranked as the international criminal law; and the street by a waiter trying to give me city in China and the second-best city declaration of independence of Koso- back the tip I had left on the table at in which to live. (I quickly learned vo. The International Court's opinion the restaurant. Most people refused that in China rankings are given a regarding this last issue was released tips. In the Western world, it is com- high degree of importance). Its most during the course taught by Judge mon for students to get a suntan or regarded tourist attractions are the Koroma, which provided an interest- go to tanning beds. Chinese students, Gulangyu Island and the I'[anputuo ing opportunity for discussion. and women in particular, are meticu- Temple. Curiously the city is also the Although more than half of the lous about avoiding the sun. They world's largest producer of sunglasses. attendees originated from mainland even carry parasols to avoid getting a During this academic exchange, China, there was significant diversi.ty. tan, which I was ttlld was not regard- some topics could not be overlooked. Participants included scholars from ed as attractive. I hacl a difficult time Limitations on access to information Latin America, Europe, Africa and finding people outside the university are obvious and a big setback for Asia, including Taiwan, providing a who spoke English, even in Beijing or tinued, next page $ ltt $ :F {t${,tr $ ) ,t $'ri ,'& iC x,N'YI* ffi lH --'tTI {} 1 A [* L,-*\r Sffi{:.TI{"}$J Your global paftner. Among the strongest global law flrms, Squire Sanders combines sound legal counsel with practical solutions to resolve our clients' legal challenges and maximize opportunities. Squire Sanders is home to lawyers in 32 offices worldwide who are fluent in more than 30 languages and are admitted to practice in more than 140 courts and jurisdictions worldwide. We are proud to represent a diverse mix of clients - from Foftune 100 clients to privately held enterprises, from emerging companies to mature conglomerates, as well as a wide range of government bodies around the globe. www.ssd.com Electronic copy available at: http://ssrn.com/abstract=1724504 =## sities and law schools have estab- national law. Whether this will result lished specialized institutions in order in a growing consideration of cultural to conduct scholarly work relating to sensibilities within classical notions China. At Yale, for example, the China of international law, an increased Law Center has been working for responsibility of China in maintaining mainland students. Youtube, Facebook several years.6 world public order, and a harmaniza' and many other sites are blocked. The Under the loud sound of the tion of Chinese domestic legal policy people, however, are not as isolated as cicadas, the tropical climate of Xia- with international law, as would be one may think, and some have ways men, and the unique roof styles that desirable, I remain hopeful.

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