NYU Shanghai, USALI Collaborate on Foreign-related Rule of Law

Leading legal scholars, practitioners, and policymakers gathered at NYU Shanghai for a Foreign-related Rule of Law Workshop that was co-hosted by the U.S.-Asia Law Institute (USALI). The workshop focused on current challenges and institutional innovations in the field of foreign-related rule of law (FRROL), a broad category encompassing the full array of laws – both domestic and international – that govern China’s interaction with the world.  

The program began on April 10 with a visit to the Shanghai No.1 Intermediate People’s Court. On April 12, participants gathered at NYU Shanghai (in person and via zoom) for a full day of presentations and discussions.

In her opening remarks, Maria Adele Carrai, assistant professor of Global China Studies at NYU Shanghai, emphasized the urgency of scholarly engagement with global legal norms amid increasing geopolitical complexity.

Speaking remotely, Katherine Wilhelm, executive director of USALI, said there is great interest among scholars outside China in the government’s recent emphasis on FRROL and its goals: does it seek chiefly to fill legislative gaps and build expert capacity to interact with the world through law, or should we expect substantive innovation?   

Engaging Issues: Sanctions, Legal Soft Power, and Extraterritoriality

The first panel, moderated by Professor Zhuo Yang from East China University of Political Science and Law, focused on sanctions and economic jurisdiction. Speakers discussed the current reciprocal tariffs, the role of financial infrastructure in sanctions, and state responses to investment arbitration. Presenters included Hongliu Gong (University of International Business and Economics), Kangle Zhang (Peking University), Knut Benjamin Pißler (Nanjing University), and Jeanne Huang (University of Sydney).  

The following session examined how China is shaping new legal narratives and building institutions to advance its global objectives. Susan Finder (Peking University School of Transnational Law) discussed the role of the Supreme People’s Court in developing foreign-related rule of law. Jianyu Wang (City University of Hong Kong) discussed China’s influence on international trade law. Qingjiang Kong (China University of Political Science and Law) provided a broader perspective on the evolving legal discourse in the “new era,” and Jing Leng (East China University of Political Science and Law) discussed legal diplomacy and talent cultivation as part of China’s international legal strategy.

In the afternoon, the discussion turned to legal boundaries and China’s territorial claims. Jacques Delisle (University of Pennsylvania) offered a critical perspective on the scope of Chinese legal authority and the contested definition of “foreign.” Zhen Chen (Max Planck Institute for Comparative Public Law and International Law) made a presentation on the repatriation of cultural artifacts and China’s approach to global security, expanding the conversation to encompass cultural and strategic dimensions of China’s legal engagement.

Reflecting on Global Legal Futures

Across the sessions, speakers proposed new frameworks for understanding legal soft power and international legal pluralism. Samuli Seppänen (Chinese University of Hong Kong) offered a conceptual approach to assessing China’s legal influence globally. Ka Lok Yip (Hamad Bin Khalifa University) explored the intersection between international law and global security dynamics. Malcolm Jorgensen (Max Planck Institute for Comparative Public Law and International Law) presented on China’s Foreign Relations Law, examining its articulation of multipolarity and the invocation of “fundamental norms governing international relations” as a basis for China’s legal positioning on the world stage.

The event concluded with informal conversations and a reception, leaving participants energized by the discussion and looking forward to a proposed follow-up workshop at NYU in New York.