Nordic Journal of Law and Social Research

LAW AND TRANSITIONAL SOCIETY: CHINESE AND GLOBAL PERSPECTIVE NAVEIÑ REET: Nordic Journal of Law & Social Research Edited by: Bent Ole Gram Mortensen & Rubya Mehdi An Annual Interdisciplinary Research Journal, Number 7, 2016-2017

NAVEIÑ REET: Nordic Journal of Law and Social Research

NAVEIÑ REET: Nordic Journal of Law and Social Research (NNJLSR) is a peer reviewed annual research journal. NNJLSR aims to publish original and innovative legal scholarship in the diverse fields of law. NNJLSR is keen to publish interdisciplinary socio-legal research that examines the interface betw

NAVEIÑ REET: Nordic Journal of Law and Social Research LAW AND TRANSITIONAL SOCIETY: CHINESE AND GLOBAL PERSPECTIVE Edited by: Bent Ole Gram Mortensen & Rubya Mehdi An Annual Interdisciplinary Research Journal Number 7 2016-2017

Editor Rubya Mehdi, Senior Research Associate, Department of Cross Cultural and Regional Studies (ToRS), University of Copenhagen, Denmark Editorial Committee Livia Holden, Prof. Dr. Livia Holden Dean of Faculty - Humanities and Social Sciences - Karakoram International University, Pakistan Osama Si

NAVEIÑ REET: Nordic Journal of Law and Social Research Law and Transitional Society: Chinese and Global Perspective Number 7 2016-2017 Contents Foreword7 A Chinese Perspective on the Approach of Mining in Greenland By Jingjing Su Social Transformation and Normative Change Through CSR Standards? Ch

Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017, pp. 7-8 Foreword Law, as a proudly social practice, has been undergone tremendous transformation in a transitional society. Both empirical evidences and theoretical research reveal that law plays a more or less signific

Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017, pp. 9-18 A Chinese Perspective on the Approach of Mining in Greenland By Jingjing Su China and Greenland, positive prospect for cooperation China can become one of the important partners for Greenland in terms of devel

10 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 delegation to participate in the Mines and Money Hong Kong, which is considered as one of the major platforms to attract mining investment. In November 2014, the first and only large-scale mining project ISUA project

Jingjing Su 11 (Employment and Occupation) Convention, 1958; C138 Minimum Age Convention, 1973 and C182 Worst Forms of Child Labour Convention, 1999. 9 When we turn to the Chinese domestic legislation, it appears that it covers human rights, employment and environmental matters. Human rights are w

12 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 considered social dumping. 12 From 1995 to 2009, China had been the number one country in the world that received the most dumping charges in WTO. In 2007, China received 61 charges that took 37.2% charges in the wor

Jingjing Su 13 Chambishi copper mines in Zambia because of low salary and poor working conditions 19. The second main concern is environmental issues. A Chinese state owned oil company has been charged with mass pollution, destroying areas of a park and cutting off roads through the forest in Gabo

14 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 China-Nordic Arctic Cooperation Symposium in Finland, many Chinese speakers highlighted that due to harsh natural conditions and fragile ecological environment, commercial activities in Arctic should be very carefull

Jingjing Su 15 Exploration is the first step to find mines. However, not many exploration projects have been done in Greenland. In the past 20 years, around 25 exploration companies covering 40 thousand sq.km area, which is only 1.8% of Greenland 29. In China, there are more than 1000 exploration

16 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 in Greenland, like investments from Canada and Norway, and may thus contribute to Greenlands development of a sustainable mining industry. Firstly, until 2014 there has only been three mines with Chinese involvement,

Jingjing Su 17 make non-mineral sectors less competitive and may lead to a decline in other productive sectors 39. At last, in order to start a mining project there is a need for a well functioning political system and a stable legal framework, including governmental approvals, safety report, envi

Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017, pp. 19-34 Social Transformation and Normative Change Through CSR Standards? Chinas Engagement with International Labour Law in Domestic Guidance for the Textile Sector Karin Buhmann 1 Abstract Drawing on Chinas interna

20 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 the International Labour Organisation (ILO) China has ratified four. 3 Early national human rights White Papers emphasized subsistence rights (social and economic human rights), and a somewhat defensive stand to the

Karin Buhmann 21 like character in Chinas socialist mix of law and policy. 12 Chinas first indigenous CSR standard (CSC9000T), issued by the national council for the textile sector, refers to both national and international labour law standards. Chinas government financially supports the United Na

22 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 and its social and regulatory implications. 14 It also affects the governments usage of a mixture of governance strategies to promote sustainable growth in a context of economic reform and globalisation. 15 Like Chin

Karin Buhmann 23 governance at the local level. 19 Indeed, insufficient knowledge of and respect for legal standards is a common denominator to many of Chinas CSR issues. 20 Chinese labour law provides better protection for workers than ILO conventions in a number of areas of relevance to common i

24 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 CSR has been embraced by the government at both central level and some provincial levels as a factor in the implementation of public law and policy related to working conditions, health and social security, and overa

Karin Buhmann 25 of guidelines 31 setting specific directives for Chinese mining sector firms. The Guidelines explicitly refer to the UN Guiding Principles on Business and Human Rights (UNGPs), 32 which were adopted by the UN Human Rights Council in 2011. Chinas most recent Action Plan on Human Ri

26 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 with Shanghais Municipal Government, China Enterprise Confederation, the All-China Federation of Industry and Commerce and SASAC, 35 the Shanghai Global Compact Summit was not only an event for firms and the UN but a

Karin Buhmann 27 the requirements of Chinas labour law in order to better implement the law, Chinas National Textile and Apparel Council (CNTAC) opted for developing its own standard with a stronger focus on learning. 40 Developed with financial and technical support from the EU, CSC9000T was laun

28 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 Rights, the UN Convention on the Rights of the Child, ICCPR, ICESCR, and the UN Convention on the Elimination of all Forms of Discrimination against Women. The social principles form the main body of CSC 9000T. The m

Karin Buhmann CSC 9000T issue Social/Human Rights Housing and sanitary facilities in place Gender policies and best practices Cultural/religion rights Conditions of work Training on safety issues Safety equipments and emergency Promotion/enhancement of education Gender issues Health and safety of w

30 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 5. Discussion Access to the international market is an important source of income for Chinas textile and apparel industry, which employs around twenty million workers in several thousand enterprises, affecting the li

Karin Buhmann 31 and safety officials have expressed concern at the lack of enforcement of occupational health and safety legislation. 50 Some of those concerns have been sought to be addressed through the 2007 Labour Contract Law, but the implementation of workers rights and occupational health a

32 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 of standards that reference ILO conventions on trade union freedoms would seem to counter the assumption that China is simply seeking to shape CSR in its own image. With reservations already in place for the pertinen

Karin Buhmann 33 6. Conclusion Drawing on Chinas legal and policy engagement with CSR and the countrys first and so far most comprehensive national CSR standard, CSC9000T, this contribution has discussed whether Chinas engagement with labour rights in the context of CSR offers prospects for enhanc

Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017, pp. 35-52 Viewing the Labor Law Reform in China From a Perspective of Legal Globalization By Ya-wen Xu and Qian Cheng 1 Abstract After the cold war, the trends of legal globalization became more and more obvious. Peopl

36 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 international norms in economic areas. The activities of TCSOs had significant impacts on legal affairs in some countries and regions. For instance, the Ford Foundation and the Open Society Institute widely participa

Ya-wen Xu and Qian Cheng 37 law reform attracts great attentions by multinational enterprises in different industries. In a word, the labor law reform shows some key aspects of legal globalization, which makes it a perfect subject for our study. Chinese Labor Law Since the Reform and Opening-up T

38 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 problem is that there are no specific rules on the right to strike in current Chinese laws. So even people have this right, it is difficult to exercise it. The Article 48 of 1982 Constitution was about sexual equalit

Ya-wen Xu and Qian Cheng 39 The Impacts of ILO Standards One goal of the enactment of the Labor Law was to make Chinas labor system meet international standards. 15 So Labor Law and other laws on labor issues in China learned a lot from international labor standards. 16 For instance, according to

40 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 To examine the relations between Chinas labor law and fundamental ILO conventions would be a way to understand the impacts of international law on Chinas labor law. Fundamental 17 Convention Date C100 - Equal Remun

Ya-wen Xu and Qian Cheng Convention Date C027 - Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27) 24 Jun 1931 C032 - Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) 30 Nov 1935 41 C045 - Underground Work (Women) Convention, 1935 (No. 45)

42 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 shall have the right to participate in and organize trade unions in accordance with the law. 22 However, the Trade Union Law requires that the establishment of trade unions have to be approved by the superior trade u

Ya-wen Xu and Qian Cheng 43 said person has not offered himself voluntarily. 28 Chinas Labor Law states that a laborer may notify at any time the employing unit of his decision to revoke the labor contract when the employing unit forces the laborer to work by resorting to violence, intimidation or

44 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 faced fierce criticism. Finally, the system of rehabilitation through labor was abolished by the standing committee of NPC on 28 December 2013. 35 Anti-discrimination Anti-discrimination is addressed in the Equal Re

Ya-wen Xu and Qian Cheng 45 the No. 138 Convention, 41 and 180 countries ratified the No. 182 Convention. 42 China ratified them in 1994 and 2002 respectively. The Law of the Peoples Republic of China on the Protection of Minors (1991) states that no organization or individual may hire any minor u

46 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 The Influence of Non-state Actors The Participation of Global Market and Transnational Civil Society The reform of Chinas labor legal system has been highly concerned by the international community. For example, the

Ya-wen Xu and Qian Cheng 47 laws. Third, they believed that China already had established high labor standards. The key problem in Chinas labor system was not the low labor standards, but the weak enforcement of these standards. They argued that if China raised its labor standards before it solved

48 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 litigations and negotiations. LAC provided them with legal training, legal aid lawyers, and living subsidies for several years. LAC also organized campaigns in Hong Kong to support the victims, to criticize the invol

Ya-wen Xu and Qian Cheng 49 guidelines for CSR. It was the first global CSR standards that involve governments. 54 It addresses a wide range of issues, including human rights, and labor practices. SA8000 is an international standard developed by Social Accountability International (SAI) in 1997. I

50 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 and physical contact, in the workplace and in all residences and property provided by the organisation, whether it owns, leases or contracts the residences or property from a service provider, 58 which fills in the l

Ya-wen Xu and Qian Cheng 51 standard, namely CSC9000T, for Chinese textile and apparel industry. The CSC9000T is based on Chinese law and regulations, and conventions ratified by China, including ILO conventions. Conclusions Legal globalization is not a dream or a slogan, but a reality and a tren

Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017, pp. 53-70 Chinese Contributions to Global Normative Pluralism? Hanne Petersen Introduction This paper was first presented at a conference on Asian Perspectives on Legal Globalization at the 13th Asian Law Institute Con

54 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 more questions than answers in this essay, and why it may hold superfluous text and quotes and may seem to lack a clear aim. Times are not always easy to understand. 2 A world of asymmetry, disparity and history. At

Hanne Petersen 55 several of its member states are in considerable trouble, economically, politically and in terms of internal cohesion. China is the one of the worlds biggest countries and one of the oldest civilizations of the world. It is a country with a recent record of high economic growth,

56 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 The Protestant Ethic and the Spirit of Capitalism in German in 1904, one might perhaps add capitalism as a big idea of this century as well. In a book in Danish on Globalizations, Law and Legal Philosophy from 2002,

Hanne Petersen 57 has been strongly linked to the practical and political importance of neoliberal economic theories. These theories gained ground and practical importance after the elections of Margaret Thatcher (1925-2013) to Prime Minister of the UK from 1979-1990, of Ronald Reagan (1911-2004)

58 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 constant change, and where over the past twenty years Chinese law has undergone a truly astounding metamorphosis. It is also a nation and an empire, where the Chinese culture was so developed and so strong that those

Hanne Petersen 59 This quote from Berring and the importance of the fluid mass line brings to my mind the importance and repeated recurrence of the concept of liquidity in the writing of late sociologist Zygmunt Bauman, who wrote on Liquid Times, Liquid Modernity, Liquid Life, Liquid Love, Liquid

60 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 sometimes labour protection. 20 It has also been noted that the present leader Xi Jinping is the strongest leader since the Mao-era perhaps returning to the idea of the polestar leader. Berrings writing indicates th

Hanne Petersen 61 developed and developing nations are locked in seemingly endless bargaining for distributive justice to reverse the trend of massive destruction... Intercultural dialogue is not a solution to the closed particularism or the ecological crisis, but it is a first step toward human s

62 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 of the world to transform an emerging but also much contested popular awareness of climate change and ecological crisis into practical action. Acknowledging that climate change is a common concern of humankind, Parti

Hanne Petersen 63 a population of well above 100 million people, several of which may have populations bigger than many of the smallest UN states. 25 The Indian-American professor of social sciences, Arjun Appadurai, in a small book entitled Fear of Small Numbers in a chapter with the same name wr

64 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 In the Danish law on Self Rule it is stated that the correct name in foreign policy relations for the entity consisting of Denmark, self-ruled Greenland and the home-ruled Faroe Islands is The Kingdom of Denmark. The

Hanne Petersen 65 the customary rules of sharing food, and brings back the rest of the meat to his grandmother to be used for food and fur for clothing. From now on ridicule changes to fear. His enormous strength makes his fellows in the settlement follow his smallest wish. Soon the humiliated orp

66 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 diplomatic bureaucracy. At these meetings, it was often repeated that it was important to avoid that the Chinese president would lose face during his visit. However, as a former Danish ambassador to Beijing mentioned

Hanne Petersen 67 seemingly diminished during the period of globalization. 32 What will the implications of such self-perceptions be in a world, where normative globalization will no longer primarily arise from and be influenced by former powers, but also from emerging major powers, most of which

68 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 platform, where China can demonstrate its global responsibility in a political context, something which is not simple, and where China does not necessarily have close allies. 34 Final reflections As an emerging stro

Hanne Petersen 69 state of exception, which has at the time of writing (March 2017) not yet been lifted. Prominent individuals around the world have had to leave or have left their countries of origin because of resistance to such developments. We are living under conditions of asymmetrical confli

70 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 future Chinese contributions to global normative pluralism require an overcoming of fears, anxiety and trembling. According to a 20th century Danish philosopher, Villy Sørensen, commenting on Kierkegaard, anxiety doe

Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017, pp. 71-85 Community Governance and Social Capital Accumulation in Shanghai Liu Chunrong Introduction Over the last two decades, there is a growing research interest about the role of social capital in deepening democra

72 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 an effort envisioned to increase residents community engagement and incorporate various neighborhood-based groups into grassroots political process in a deliberative and participatory fashion. This grassroots experie

Liu Chunrong 73 engagement. The broad definition serves the purpose of this study, that is, to explore the dynamics of trusting ties and public engagement within the residential community. While rational choice theorists have attempted to explain social capital through an evolutionary account, as

74 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 existing social capital resources and have in turn reinforced social capital. In a similar vein, Fox (1996) studied the thickness of civil society in rural Mexico by stressing the role of extra-local horizontal linka

Liu Chunrong 75 governance reform may open window of opportunity for social interaction, generate resources and selective incentives for local residents and activists to engage with each other. Newly created institutions and governing process would prove instrumental in motivating community partic

76 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 of institutional reforms for strengthening grassroots governability and promoting community-based participation and service delivery. In Shanghai, an integrated framework of two layers of government, three layers of

Liu Chunrong 77 and expanded to over 1,000 RCs, or 30 per cent of the total RCs in 2003. In 2006, more than half of the RCs in the city were reorganized by direct election. The election in 2009 witnessed 84 per cent of RCs reconstructed by direct election with an average voting rate of 86 per cent

78 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 Social capital accumulation in Gulong In 2010-2011, I conducted ethnographic fieldwork in Shanghai and observe the implementation of model self-governance communities project. Key research concerns are: how is this p

Liu Chunrong 79 The community caring committee has turned out to be a multi-functional socializing space with lots of group discussions about community affairs. With the support of Mr. Zhou, the caring committee took an important effort to figure out a list of resourceful residents (mostly profess

80 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 calendars are distributed to every family as a gift. Now this best Gulong picture award has become an annual routine activity that enjoys high popularity among the local residents. As a result of these interactions,

Liu Chunrong 81 are, students of Chinese politics still lack a framework to map whether and how these elementary forms of civic assets can develop and flourish. This case study has set out to explain this particularly process within the neighborhood space. With a theoretical device focusing commun

82 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 Reference Archon Fung and Erik Olin Wright. 2000. Deepening Democracy: Innovations in Empowered Participatory Governance, Politics and Society 29(1), pp.5-17 Baiocchi, Gianpaolo. 2003. Emergent public spheres: Talkin

Liu Chunrong 83 Fox, Jonathan. 1996. How Does Civil Society Thicken? The Political Construction of Social Capital in Rural Mexico, World Development, 24, 6, June 1996. Fukuyama, F. 1995. Trust: The social virtues and the creation of prosperity. NY: Free Press. Grootaert, C. and T. Bastelear, 2002.

84 Naveiñ Reet: Nordic Journal of Law and Social Research (NNJLSR) No.7 2016-2017 Liu, Chunrong. 2008. Empowered Autonomy: The Politics of Community Governance Innovation in Shanghai Chinese Public Administration Review 5 (1-2): 61-71. Mok, Bong-ho. 1987. Social Welfare in China in an Era of Econo

Liu Chunrong 85 Schneider, Mark, Paul Teske, Christine Roch, and Melissa Marschall. 1997. Institutional Arrangements and the Creation of Social Capital: the Effects of School Choice. American Political Science Review 91:82-93. Shi Kai and Pan Leiqing ed., 1998. Liangji zhengfu, sanji guanli [Two L

Information for Contributors Contributions must be complete in all respects including footnotes, citations and list of references. Articles should also be accompanied by an abstract of 100-150 words and a brief biographical paragraph describing each authors current affiliation. Articles usually are

Articles Foreword Rubya Mehdi and Bent Ole Gram Mortensen A Chinese Perspective on the Approach of Mining in Greenland Jingjing Su Social Transformation and Normative Change Through CSR Standards? Chinas Engagement with International Labour Law in Guidance for Firms Social Impact Karin Buhmann V