Nordic-Chinese workshop: reflections on the former Norwegian jurisdiction in China

• Author: Ragna Aarli
• Pages: 197-199

FRONTIERS OF LAW IN CHINA

VOL. 11 MARCH 2016 NO. 1

DOI 10.3868/s050-005-016-0010-8

ACADEMIC NEWS

NORDIC-CHINESE WORKSHOP: REFLECTIONS ON THE FORMER NORWEGIAN

JURISDICTION IN CHINA1

From August 17, 2015 to August 22, 2015, ZHU Jingwen, Professor at Renmin

University, School of Law and Editor-in-Chief of Frontiers of Law in China, Managing

Editor of Friontiers of Law in China and Associate Professor at Remin University, School

of Law JIANG Dong, and Professor WANG Chenguang at Tsinghua University, Law

School participated in and presented at the Nordic-Chinese Workshop upon invitation

from Faculty of Law of University of Bergen in Norway. Focusing on the theme of

“Legal Culture: Tradition and Change,” they have engaged in a thought-provoking and

fruitful academic discussion with scholars from Norway, Danmark and Finland. As a

reflection and furtherance of such academic dialogue, this article discusses a historic case

from the former Norwegian jurisdiction in China in detail.

In 1847, nearly 170 years ago, Norway signed the Treaty of Peace, Friendship and

Commerce with China.2 The Treaty opened the door to extraterritorial jurisdiction for

Norway in China. Additionally, it gave the Norwegian consul in Shanghai the right to

decide lawsuits and minor criminal cases brought against Norwegian citizens living in

Shanghai. The Treaty offered protection to Norwegians, enabling the application of

Norwegian law on the other side of the world, but it did not affect solely Norwegian

citizens. Cases brought before the Norwegian court in China might also concern

Norwegians in conflict with other foreigners or Norwegians in conflict with Chinese

citizens. Hence, if a Chinese citizen claimed to be swindled by a Norwegian, he had to

respect a decision made in accordance with Norwegian law.

The court of second instance for the Norwegian court in Shanghai was The

Norwegian Supreme Court in Kristiania (now Oslo), celebrating its 200th anniversary this

year. The Treaty consequently institutionalized an arrangement where a Chinese citizen

who happened to get into trouble with a Norwegian citizen in China could be compelled

to defend his legal rights in a civil litigation in the Norwegian capital, and to defend it in

accordance with Norwegian law.

In March 1916, the Norwegian Supreme Court handled a conflict originally decided

1 Closing remarks at the Nordic-Chinese Workshop in Bergen Aug. 2015.

2 Treaty of Peace, Friendship and Commerce between Norway and China Mar. 20, 1847 No. 1.