Liu Huawen

I. Basic Information

Liu Huawen, male, was born in Qixia City, Shandong Province in July, 1972. He is currently the Deputy Director and a research fellow of the Institute of International Law of the Chinese Academy of Social Sciences (CASS),a member of the Joint Committee of the Chinese Communist Party of the Institute of Law and CASS Institute of International Law,a professor, a doctoral supervisor and a supervisor of master’s students atCASS Graduate School,the Executive Director of theCASS Center for Human Rights Studies; and a deputy editor-in-Chief and the editorial director of Chinese Review of the International Law. His key research areas are international law, especially basic theories of international law, international human rights law, international treaty law, international organization law, settlement of international disputes, prohibition of trafficking in human beings, and international cooperation in the field of anti-corruption.

Liu Huawen is currently a member of the 3rd International Law Advisory Committee of the Chinese Ministry of Foreign Affairs, the Editor-in-chief of the Chinese Yearbook of International Law,Vice President, Asian Society of International Law of the Asian Society of International Law,a co-director of the Cross-cultural Human Rights Centre in the Netherlands,the Vice President of Beijing Society of International Law,the Vice President of the Soft Law Research Society of the Chinese Society of Behavioral Law,a council member of China Society of International Law,a council member of Chinese Society of the Law of the Sea, a council member of China Society for Human Rights Studies,a member of China Economic and Social Council,a council member of Youth Humanities and Social Sciences Research Center, CASS, and anexpert on implementation of the National Development Program of Children, the Office of the National Committee for Women and Children's Work of State Council. He is a guest professor at the Human Rights School of China University of Political Science and Law, Human Rights Research School of the Southwest University of Political Science and Law, and China Women's College. He is an expert on the construction of the rule of law for the Government of Yunnan Province.

Liu Huawen graduated from the Law Faculty of Southwest University of Political Science and Law in 1995 with a bachelor's degree in law. In 1998, he graduated from Law School of Peking University with a master's degree in international law. In 2003, he graduated from Law School of Peking University with a doctorate degree in international law. From September 2000 to now, he has been working at the Chinese Academy of Social Sciences. From 2000 to 2002, he worked as an assistant research fellow at the Institute of Law. From 2002 to 2006, he worked at CASS Center for International Law Studies as an associate research fellow and the deputy head of the Research Coordination and International Cooperation Department. From 2006 to 2010, he worked atCASS Institute of Law as associate research fellow, deputy head and head of the Research Coordination and International Cooperation Department. He became a research fellow in 2011. In 2016, he became a supervisor of doctoral candidates in the field of international law. In 2016, he received Special Allowance from the State Council for his contribution in the field of social sciences. He was a member of the Second International Law Advisory Committee of the Ministry of Foreign Affairs, a member of the Review Committee of the Imported Online Games of the Ministry of Culture, a member of the Anti-Corruption and Transparency Council of the World Summit of the World Economic Forum, a member of the International Youth Research Expert Committee of the China Youth Research Association, and a legal expert of the Thematic Program Center, Beijing TV Station.

Professor Liu Huawen has been a visiting scholar at many foreign universities and institutions, including Raoul Wallenberg Institute of Human Rights and Humanitarian Law, the University of Lund, Sweden and Norwegian Centre for Human Rights Studies, the University of Oslo, Norway (2002); Amsterdam Center for International Law, the University of Amsterdam, the Netherlands (2004); and at the Norwegian Academy of Science and Literature (2009).

Professor Liu Huawen is currently teaching students international law in undergraduate, master’s and doctoral programs.

II. Research activities and contributions

In the past 20 years of research work, Professor Liu Huawen has been in charge or participated in many research projects,both within and outside CASS. He has actively participated in the drafting of national legislation and policy documents in the field of international law as an expert and in international co-operation in the field of human rights, including human rights dialogues and seminars organized at the government level or at the non-governmental level, and human rights treaty procedures under the UN Human Rights mechanism. He participated the preparations for the first review of the Chinese implementation of the UN Convention against Corruption. He has won many ministerial-level awardsfor his important academicworks. Some internal reports submitted by him hasreceived positive responsesfrom Party and State leaders. And he has published many Chinese or English papers and articles at home and abroad.

1. He has actively participated in and(or) led many key projects sponsored by the National Social Sciences Fund, the China Law Society and Chinese Academy of Social Sciences, including the followings:

(1) He is currentlythe person in charge of the sub-project “Research on China's Human Rights Assessment Indicator System” under the Major Project of Theoretical Research and Construction of Marxism “Basic TheoreticalResearch on Major Human Rights Issues in China”;

(2) He is current the person in charge of the project “Research on theApplicationof the Thought of a Community with Shared Future for Mankind in the Field of International Law”, sponsored by the International Law Advisory Committee of the Ministry of Foreign Affairs;

(3) He is currently the person in charge of the CASS Innovation Project o “Building a Community with Shared Future for Mankind and Promoting International Law Guarantee forthe Reform of the Global Governance System”;

(4) He is current participating in the large-scale CASS research project (2019-2022), “Legal Risk Prevention and Legal Mechanism Construction in the Implementation of the ‘Belt and Road Initiative’”;

(5) He was the person in charge of themajor project "International Implementation of the Convention on the Rights of Persons with Disabilities and its Implications for China", sponsored by the China Federation of Disabled Persons (the project has already been completed);

(6) He was theperson in charge of the project “Study of the Palermo Protocol of the United NationsConvention against Human Trafficking and Reform of ChineseLaw”, sponsored by the China Law Society (the project has already been completed);

(7) He was the person in charge of the project “Studies on Human Rights Public Diplomacy”, sponsored by the China Society of Human Rights (the project has already been completed);

(8) He was the person in charge of the project “The Huang Haiyong v. Peru Case and Its Implications”, sponsored by the China Study Center for Clean Governance, CASS (the project has already been completed);

(9) He was the person in charge of the project “the International Covenant on Economic, Social and Cultural Rights and the Implementation of the Millennium Goals in China and Italy”, which was a cooperation project between CASS and the Research Council of Italy (the project has already been completed);

(10) Hewas the person in charge the project “The Study of the Justiciability of Economic, Social and Cultural Rights”,undertaken by the CASS Institute of Law as part of the technical cooperation between the Office of the UN High Commissioner for Human Rights and the Chinese Government (the project has already been completed).

2. He has actively participated in national legislative and policy making activities. Some of his important proposals have been adopted by the legislative or policy-making organs. He has participated asexpert in think-tank diplomacy, legal diplomacy, and other international law practices, including followings:

(1) In 2006, he participatedas expert of the All-China Women's Federation in the revision of the Law on the Protection of Minors. He has also served as an expert at the Office of the National Committee on Women's and Children's Work of the State Council for a long time on the implementation of the China’s Program on Children's Development (2011-2020), and participated in many related policy- or law-making activities organized by the Ministry of Civil Affairs, the Ministry of Education and other relevant state organs.

(2) In 2008, as the expert, he undertook the drafting of the third and fourth combined State report of the People’s Republic of China on the implementation of the Convention on the Rights of the Child. He has repeatedly provided opinions and suggestions for the drafting of the Chinese State Party reports on the implementation of the UN human rights conventions and the preparation of the State report according to the UN Human Rights Council's Universal Periodic Review procedure. He has participated in the drafting of some White Papers on Human Rights published by the State Council Information Office.

(3) On April 13, 2011, with the authorization of the State Council, the State Council Information Office released the first National Human Rights Action Plan (2009-2010). In 2008, Professor Liu Huawen participated as an expert in the drafting of the Plan. Later, he introduced and publicized the Plan to domestic and foreign institutions and the general public. He participated in the assessment and evaluationof the implementation of the Plan, including the preparation of the evaluation report, which was published later. He also participated in the drafting of the National Human Rights Action Plan (2012-2015) and other related work.

(4)In January 2012, his internal report onproviding sign language translation in the live broadcast of the sessions of the National People's Congress and the National Congress of Chinese People’s Political Consultative Conference (the “Two Sessions”)was approved by the Chinese government andsign language interpretation was provided in the live broadcast of “Two Sessions” in March of that year.

(5) In 2012, China participated in the first examination of the implementation of the UN Convention against Corruption. Liu Huawen provided expert opinions and suggestions. In 2014, he participated in the World Economic Forum Global Summit Transparency and Anti-Corruption Council meeting as a member of the Council.

(6) In 2014, with the approval of the Inter-American Court of Human Rights, he participatedas an expert witness in the case before the Inter-American Court of Human Rights -Wong Ho Yong v. Peru case, and contributed to the of international human rights case law that was conducive to the settlement of similar cases.

(7)He has participated many times in anti-trafficking legislation seminars and case analysis meetings organized by the relevant state and judicial organs, such as the Supreme People's Court and the Ministry of Public Security, and was invited to give lectures on the prevention of human trafficking attraining classesfor judges and representatives of women's federations at different levels.

(8)He has participated in all the meetings of the “Beijing Human Rights Forum” hosted by China Society for Human Rights Studies and China Human Rights Development Foundation since 2008 as well asthe preparations for some of them.

(9) He has led the preparation and organization of China-EU non-government human rights judicial seminars hosted by CASS Institute of Law and CASS Center for Human Rights Studies. He has participated in many international human rights dialogues and seminars,such as China-EU, China-US, China-Australian and China-German human rights dialogues.

(10) In 2016, in response to the Philippine Government's unilateral filing of the South China Sea arbitration case, Liu Huawen participatedas an expert in some important seminars on this issue bothat home and abroad. On the eve of the release of the arbitral award, he attended the International Symposium on the South China Sea Arbitration held in The Hague and the International Symposium on Arbitration Case in the South China Sea held inHong Kong. He led the editing work of the special issue of the Chinese Yearbook of International Law on the Jurisdiction of the South China Sea Arbitration Case.

III. Main Academic Viewpoints

1. International law and domestic law are two different legal systems. There are both connections and differences between the two. International law has its own features and operating rules. Chinese International law lawyers should know domestic law and study Chinese diplomatic history, history of international relations, diplomacy and international relations theories. International law researchers should have a national standpoint and a global perspective. If necessary, law and history research should be combined, and the political, economic, cultural, social, historical, military and other factors should be borne in mind as well.

2.Human dignity is the foundation of human rights law. Security, development and human rights are the three pillars of the reform and development of the UN. There has been a trend towards the mainstreaming of human rightsin the international community. In China, the rule of law, development and human rights are the three basic dimensions of national development that are interrelated and mutually reinforcing. Everyone enjoys human rights and all human rights are a whole. Human rights shouldnot be viewed in isolation or in a simple way. Human rights development needs to be based on national conditions and consistent with level of the rule of law and development.In the international community, China’s initiative of “promoting development through cooperation and promoting human rights through development” is consistent with the UN’ advocacy of the sustainable development agendas.

3.International human rights law is first and foremost a part of the international law. The exchange and cooperation between countries in the field of human rights on the basis of equality and mutual respect is in conformity with the nature of international human rights law. Human rights treaties have the problem of expressing high and plentiful substantive requirements but imposing single and weak procedural obligations. The realization of human rights standards mainly relies on the efforts of the domestic society. Clarifying the legitimacy of the international implementation mechanism is conducive to the reform of international organizations. It is necessary to distinguish between lex ferenda and lex lata, and steadily promote the reform and development of the UN human rights regime.

4.There has been great development in the law of the sea in recent year, and the UN Convention on the Law of the Sea is far from meeting the practical needs of the international community. There are some issues not explicitly defined in the Convention that require the search for applicable norms of international law through the examination of general international law. Even so, the problem of lack of clarity of law in the field of the law of the sea is still outstanding. The development history of the law of the sea is a history of adaptation of the law of the sea to state practice, rather than that of the adaptation of state practice to the law of the sea. International law is the basis for national ocean practice. At the same time, states are the main entities formulating and implementing international law. The interpretation and application of the law of the sea should be cautious and rigorous, and not influenced by a few individual states, institutions or scholars.

5. International law is a body of legal norms applicable to the international society formed by sovereign states. The environment, development and operation of the application of the international law are very different from those of the application of domestic law in domestic society. We cannot simply use domestic law thinking to analyze international law problems. For example, the concepts and roles of soft law and non-governmental organizations are often topics in different fields in domestic and international law or in the context of domestic society and international society that should not be mixed up.Many myths and misunderstandings about international law issues in related fieldsare resulted from the lack of awareness of the boundaries between domestic law and international law. In international law, there are also issues of soft law phenomena and soft law governance that cannot be ignored, but should be given attention to and researched on.

IV. Introduction to representative work

Books

1. The Asymmetry of the State's Obligations under the International Covenant on Economic, Social and Cultural Rights, Peking University Press, 2005; Social Science Academic Press (China), 2019.

The International Covenant on Economic, Social and Cultural Rights is one of the "two human rights covenants" in the International Human Rights Charter. The Chinese government officially ratified the Covenant in 2001. This book summarizes the nature and characteristics of the state's legal obligations under the Covenant, clarifies the multi-level and rich nature of the state's substantive obligations and the unity and weakness of the state's procedural obligations, and analyzes the causes of the asymmetry between the two,the efforts made by the international community to change this asymmetry and the opportunities and challenges faced by it in the formulation and implementation of the Optional Protocol to the Covenant. It draws on the theory and practice of the auxiliary principle emphasized in the process of European integration, and makes a creative interpretation of the asymmetry of the state's obligations under the Covenant, pointing out its rationality and irrationality, and proposes solutions to this problem. Through the study of the asymmetry of state obligations under the International Covenant on Economic, Social and Cultural Rights, this book helps us to explore some regular understandings of the relationship between international human rights mechanisms and state sovereignty.

2. Research on the UN Trafficking in Persons Protocol –from the Perspective of Human Rights Law, Social Science Academic Press (China), 2011.

Human trafficking, which is an ancient crime, has revived today and the situation of the crime is serious. The author believes that the UN Trafficking in Persons Protocol is both a weapon against transnational organized crime and a basis for promoting human rights protection. In recent years, the UN has incorporated a human rights perspective into its anti-trafficking work. Based on the emphasis on human dignity, the Protocol redefines trafficking in persons and expands the crimes covered by the concept of trafficking in persons and their scope. On the basis of both prevention and combating crimes, the Protocol places special emphasis on the protection of victims and brings international legislation into a "trinity" model. The protocol was approved by the Chinese legislature and entered into force for China in 2010. To implement the protocol, it is necessary to base on national conditions, sum up experience, further improve domestic legislation, and establish and improve the anti-trafficking mechanism. The author emphasizes that carrying out social governance innovation and realizing the rule of law, including the rule of soft law, is a new trend in implementing international standards and strengthening anti-trafficking work.

Papers

1. "An International Law Analysis of the 1887 Sino-Portuguese Treaty", China’s Borderland History and Geography Studies, 2 (1999)

The 1887 Sino-Portuguese Treaty was the only international treaty in the modern history of China that stipulated the legal status of Macao. This article focuses on this treaty, compares academic arguments from the perspective of international law, and conducts jurisprudential analysis and evaluation: the treaty stipulated a special leasehold status for Macao; the dispute over Macao's demarcation did not affect the validity of the treaty itself, but Portugal’s serious violations of the treaty did. Only then did the effectiveness of the treaty be shaken; the abolition of this treaty by the Chinese Government in 1928 was legally effective; the Macao issue was solved in the contemporary era and embodied a practice of international law in China. International law is a necessary condition for the success of diplomatic practice, but relying solely on international law cannot always resolve the disputes. Diplomatic activities may not only be considered from a legal perspective, but also influenced by the international environment, national ideologies, and political, economic and military factors.

2. "40 Years of Reform and Opening up and China's Human Rights Development Path", World Economics and Politics, 9 (2018)

In the 40 years of reform and opening up, China has been the fastest-growing country in the field of human development, according to the assessment of the UN Development Program. China has consistently combined the principle of universality of human rights with the realities of the country and has embarked on a path of human rights development suited to its own national conditions. China has achieved economic development and social progress, and has taken the "Chinese Dream" as a symbol to push the development of human rights to a new era. 1978 was both the starting point of China's reform and opening up and the new original point of China's human rights protection. Since then, China has been strengthening its ties with the outside world and continuously deepened its understanding of the rule of law and human rights. It has strengthened the Constitutional guarantee of human rights by embodyingthe principle of safeguarding human rights into the Constitution. The legal system of human rights protection has been basically completed, continuous breakthroughs have been made in legislation, and the implementation of laws has been strengthened with innovations. China has responded actively to the UN’ call for the drafting and implementation of the National Human Rights Action Plan, thus enabling the human rights cause in the country to enter into a period of planned and rapid development. China has proposed to build a new type of international relations and a community with shared future for mankind. It gradually deepens and strengthens international exchanges and cooperation in the field of human rights, and tries to make unique and constructive contributions and become participant and builder of and contributor to the international human rights governance.

V. Main Publications

Books

1. Asymmetry of the State’s Obligations under the International Covenant on Economic, Social and Cultural Rights, first edition, Peking University Press, September 2005; new edition, Social Science Academic Press (China), January 2019;

2. Research on the United Nations Protocol against Human Trafficking from the Perspective of Human Rights Law, Social Science Academic Press (China), November 2010;

3. International Covenant on Civil and Political Rights and its Implementation Mechanism (co-authored with Zhu Xiaoqing), first edition, China Social Sciences Press, September 2003; new edition, Social Science Academic Press (China), January 2019;

4. Research on the Justiciability of Economic, Social and Cultural Rights (editor), China Social Sciences Press, January 2008;

5. Children's Rights and Their Legal Protection (editor), Shanghai People's Publishing House, October 2009;

6. United Nations Core Human Rights Conventions and Their Implementation Mechanisms, Hunan University Press, July 2016;

7. International Cooperation and China’s Perspectives in the Field of Human Rights (Deputy Editor-in-Chief), China University of Political Science and Law Press,June 2017;

8. China's Path of Human Rights Development, China Social Science Press, December 2018.

Translation book

1. Manfred Nowak, translated by Liu Huawen into Chinese, Introduction to the International Human Rights Regime, Peking University Press, January 2008.

Papers and articles

1. "The 40 Years of Reform and Opening up and China’s Path of Human Rights Development", World Economics and Politics, 9 (2018);

2. "Basic Features of China's Cause of Protection of the Rights of the Persons with Disabilities", Studies on the Persons with Disabilities, 2 (2017);

3. “The Significance and Implication of the First Case of Extradition before the Inter-American Court of Human Rights”, Journal of Southeast University (Philosophy and Social Sciences), 6 (2016);

4. "On the Basis of Anti-Human Trafficking", Jianghai Academic Journal, 2(2016);

5. "A Human Rights Outlook with Chinese Characteristics: An Interpretation of the Congratulatory from Xi Jinping's for 2015 Beijing Human Rights Forum", Chinese International Law Review, 5(2016);

6. “The United Nations and the International Protection of Human Rights”, World Economics and Politics, 4(2015);

7. “Five Principles of Peaceful Coexistence: Basic Principles of International Law in the Past and for the Future”, in Chinese Yearbook of International Law (2014). China Law Press China, 2015;

8. “Research on the Implementation Mechanism of the United Nations Convention against Corruption”, Journal of the Contemporary Law, 1(2014);

9. “Establishment of ‘the Abandoned Baby Island’ and Protection of the Rights of Children”, Human Rights, 1(2014);

10. “Human Rights: Environmental Protection and the Right to Development”, Human Rights, 1(2013);

11. “Respecting and Protecting Human Rights and Realizing the Chinese Dream”, Human Rights, 2(2013);

12. “Preliminary Study on the Drafting of the UN Convention on the Rights of the Elderly”, in Chinese Yearbook of International Law(2012), Law Press China, 2013;

13. “On the Promotion of Human Rights by Law as a Whole”, Human Rights, 5 2013;

14. "New Trends in the Protection of Children's Rights in China - Review of China's Development Program for Children (2011-2020)", China Women's Movement, 3(2012);

15. “Soft Law, Human Rights and Social Construction”, Human Rights, 2(2012);

16. “Gender Equality: The Practice of the UN Human Rights Treaty Bodies and Its Implications”, Journal of Law, 8 (2009);

17. “Development and Human Rights: Reflections on Ageing”, Human Rights, 2(2009);

18. "Correct Understanding of Human Rights as the Prerequisite for Human Rights Education", Journal of Guangzhou University (Philosophy and Social Sciences Edition), 5(2010);

19. “The Enlightenment of the Logical Framework Methods on the Management of Social Science Projects”, Social Science Management Review, 3(2010);

20. “Interpretation of Human Rights from the Perspective of Dignity, Human Rights, 1(2011);

21. "On the Post-financing System of Social Science Research", Social Science Management Review, 2(2011);

22. "On the Mainstreaming and Localization of Human Rights in China", Learning and Exploration, 4(2011);

23. “Starting from system building: child rights protection and the non-discrimination principle in China”, in Marit Skivenes and Karl Harald Søvig (Editors): Child Rights and International Discrimination Law: Implementing Article 2 of the United Nations Convention on the Rights of the Child, Routledge Research in International Law, 1st Edition, Routledge, February, 2019 (English);

24. “Children's Rights Protection Enters New Stage in China”, Human Rights, 2 (2012)(English);

25. “Soft Law, Human Rights and Social Construction:”,Human Rights, 3(2012)(English);

26. “Gender Equality and Human Rights: ICCPR and its Impacts in China’, inPauline Stolz, etc. (eds.),Gender Equality, Citizenship & Human Rights: Controversies and Challenges in China and the Nordic Countries, Routledge, 2010(English);

27. “Can Rapid Economic Growth Benefit More? Review of the Medical Care Reform in Shenmu County in China”, in Journal of Asia Public Policy, 3(2010)(English);

28. "Focusing on the Role of Soft Law", People's Daily, September 16, 2013;

29. “The Human Rights Review Must Adhere to the Principles”, People’s Daily, September 25, 2013;

30. “Promoting the rule of law in China must also be people-oriented”, Legal Daily, November 17, 2012;

31. “Territorial Asylum Is Violation of International Law: A Discussion with Mr. Shi Zhiyu, Lianhe Zaobao(Singapore), May 19, 2012;

32. “Basic Characteristics of China’s Path to Safeguarding the Rights of Persons with Disabilities”, Guangming Daily, December 5, 2016;

33. “A Comprehensive Push and a New Focus on Action – a New National Human Rights Action Plan That Keeps Pace with the Times”, Guangming Daily, June 13, 2012;

34. “The Rule of Law, Development and Human Rights: Three Basic Dimensions of the China’s Path”, Guangming Daily, December 31, 2014;

35. "Forty Years of Reform and Opening up and the Road of Human Rights Development in China", Guangming Daily, December 14, 2018.