III. Suggestions for further steps of legal convergence in Asia
1. Unified rules and more importantly unified ideas of rule of law. The idea of rule of law is critical for a country’s law-based governance. If not led by law-based idea, advanced technical rules alone could not realize the true rule of law. Since Asian countries are at different levels of socio-economic growth and legal development, through this platform, basic principles of law-based country, law-based government, and law-based society could be proposed and formulated to spread in Asia for a better rule of law in this region.
2. Soft law and model law, the comparatively easier and simpler taking the lead. The convergence of different laws cannot be realized overnight. As the Chinese proverb goes, “Pull one hair, and the whole body is affected.” The ultimate convergence is an enormous and long-term task. We can learn from UNCITRAL and UNIDROIT, to develop through discussion Asian model law and principle on commercial disputes as an example for legislation and legal reforms in each country and the base for further convergence. In this respect, Chinese, Korean and Singaporean scholars have led the way by drafting Principles of Contract Law of Asia. Hopefully, the Asian Business Law Institute (ABLI) can collaborate with all parties and draw on their strength to boost this great cause.
3. Regional convergence on common grounds in a gradual fashion. The laws of Asian countries are as diverse as their cultures. Underlying different laws are different legal traditions and judicial systems, and so a complete convergence is no easy job. But it is easier for countries with similar legal systems and cultures to reach consensus. We could conduct pilot programs in such countries. Other alternatives include countries with closer economic ties or those within a FTA, beginning with the sectors in need of law convergence and then spreading to the larger scope.
4. Better collaboration between courts of different countries. Law convergence and judicial collaboration reinforce each other. Law convergence improves trust between legal systems while judicial collaboration promotes law convergence. We should make good use of this leverage. The Supreme People’s Court stated in Opinions on Providing Judicial Services and Safeguards for the Implementation of the “Belt and Road Initiative” that if countries along the “Belt and Road” have no agreement on judicial assistance with China, Chinese courts may provide judicial aid to the foreign party to initiate the reciprocal mechanism. Besides document delivery, evidence collecton, and recognition and enforcement of judgment, courts also need to collaborate in foreign law ascertainment, a challenge for foreign party related judgment. Through collaboration, courts of different countries will provide the most authoritative and accurate approach to foreign law ascertainment.
5. Enhanced research on comparative law. Laws of Asian countries as a treasure shared by Asian people enrich Asian legal wisdom. ABLI will act as a good platform for comparative research in this region. Exchange through ABLI will improve our understanding of differences between legal systems, underpin better study in the future and makes law convergence easier and more accessible to Asian countries.
Ladies and gentleman, dear friends!
Asia’s prosperity and development need more efforts of all the members of our legal profession. The law convergence of Asia is a great and challenging course. China would like to join hands with other Asian countries and regions to contribute more to law convergence and economic integration.
