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The friendly relations between China and Africa have a long history and have been tested by times. It has always been an important cornerstone of China's foreign policy to strengthen the solidarity and cooperation with African countries. The rapid development of China-Africa relations has provided rare opportunities and a broad stage for the legal exchange of China and African countries and has demanded for better performance as well. Enhancing the exchange and cooperation between the legal circles of China and African countries has at all times been a top priority of China Law Society. Since 2008, adhering to the principle “Equity, Cooperation, Development and Win-Win”, China Law Society has strengthened the exchanges with Africa constantly, proposed and set up the FOCAC-Legal Forum. Currently the Forum has improved smoothly with fruitful results and was adopted into the inter-governmental cooperation mechanism.


In November 2009, the 4th Ministerial Meeting of FOCAC adopted the Sharm El Sheikh Action Plan (2010-2012), which wrote: “2.4.3 Noting the importance of legal exchanges, the two sides agreed to hold a FOCAC-Legal Forum at an appropriate time.”


In July 2012, the 5th Ministerial Meeting of FOCAC adopted the Beijing Action Plan (2013- 2015), which indicated : “2.4.4 The two sides appreciated the proposal by the Fourth Ministerial Conference of FOCAC for a FOCAC-Legal Forum and the successful holding of two rounds of this Forum in Cairo in December 2009 and in Beijing in September 2010 respectively. They agreed to further strengthen the institutional building of the Legal Forum and increase cooperation in the fields of law research, legal services, training of law professionals and the mechanism of non-judicial settlement of disputes.”


In December 2015, the FOCAC Johannesburg Summit announced to adopt the Johannesburg Action Plan (2016-2018), which pointed out: “6.2.5 The two sides will improve exchanges and cooperation on the judiciary, obtain in-depth understanding of respective legal systems, and promote mutual recognition and application of laws and regulations, so as to provide legal support and a law-based environment for personnel exchanges and the protection of legitimate rights and interests”; “6.2.6 The two sides will improve the institutionalization of the‘FOCACLegal Forum’, continue exchanges and training of legal professionals, work together to establish a‘China-Africa Joint Arbitration Centre’, develop the Professionals Legal Training Base and China-Africa Legal Research Sub-Centre in Africa, and facilitate lectures by law experts from China and Africa. The two sides will actively support the implementation of China-AALCO Research and Exchange Programme on International Law".


The 1st FOCAC-Legal Forum was jointly held by China Law Society and the Cairo Regional Centre for International Commercial Arbitration from December 20 to 21, 2009 in Cairo, Egypt. The theme of the Forum was “Strengthening China-Africa Legal Exchange and Promoting Allround Development of China-Africa Relationship”. The topics were as follows:
1. The Important Role of Law in China-Africa Cooperation
2. Introduction to the Legal Systems of China and African Countries
3. The Legal Systems of China and African Countries: Impact on Trade and Investment Relations
4. Dispute Resolution Mechanisms Between China and African Countries: Exploring the Best
Option Towards a Balanced Relation


More than 80 legal experts from China and over 20 African and West Asian countries attended the Forum. The Forum was one of the quick actions to carry out the Sharm el-Sheikh Action Plan (2010-2012).


The 2nd FOCAC-Legal Forum was held from September 15 to 19, 2010 in Beijing. The theme of the Forum was “Grasp the Opportunities, Strengthen Cooperation and Push Forward the Overall Development of the China-Africa New-type Strategic Partnership”. Delegates had heated discussions on the following 3 topics:
1. The Mutual Impact between the Development of China-Africa Relations and China-Africa Legal Cooperation
2. The Laws and Regulations Relating to China-Africa Economic Cooperation
3. China-Africa Judicial Cooperation
Topic 1 “The Mutual Impact between the Development of China-Africa Relations and China- Africa Legal Cooperation” had 3 sub-topics, which were “The Impact of China-Africa Cooperation on the Development of International Law”, “The Development and Experiences of the Construction of Rule of Law in China and African Countries” and “The Framework and Mechanism of China-Africa Legal Cooperation”. Topic 2 “The Laws and Regulations Relating to China-Africa Economic Cooperation” included 4 sub-topics. They were “The Legal Issues and Resolution Measures Concerning the Investment Liberalization and Facilitation between China and African Countries”, “The Laws and Regulations about Foreign Employment and Labors in China and African Countries”, “The Mechanism of Dispute Resolution Relating to China-Africa Economic Cooperation” and “The Development of Legal Service for China-Africa Economic Cooperation”. Topic 3 “China-Africa Judicial Cooperation” had 3 sub-topics, which were “The Laws and Regulations Relating to Consular Protection”, “China-Africa Judicial Cooperation in Criminal Cases” and “China-Africa Judicial Assistance in Civil and Commercial Cases”. More than 200 delegates from China and almost 40 African countries attended the Forum, including 8 Presidents of Supreme Court and Chief Justices, 5 Prosecutor-Generals, 7 Ministers of Justice, presidents of national legal organizations, famous experts, scholars and lawyers, etc. There were also delegates from each sub-region of Africa attending the Forum. During the Closing Ceremony of the Forum, all the participants applauded the adoption of Beijing Declaration of the FOCAC-Legal Forum.


The 3rd FOCAC-Legal Forum was jointly hosted by China Law Society and Supreme Court of Mauritius in Port Louis of Mauritius from December 5 to 8, 2012. The theme of the Forum was “Deepening China–Africa Legal Cooperation: the New China-Africa Strategic Partnership”.
The topics were as follows:
1. The International Law, Concerning “Peaceful Coexistence” to “Cooperation for Mutual Development” and China-Africa Cooperation in the New Stage
2. The Legal Environment for Investment in Africa: Changes of the Applicable Rules of Laws Relating to African International Civil and Commercial Relations
3. Dispute Resolution Mechanism with China-Africa Characteristics
Around 200 participants from China, Mauritius, Angola, Benin, Ethiopia, Seychelles, South Africa, Zambia, and Zimbabwe attended the Forum. The Steering Committee of the FOCACLegal Forum was set up and Charter of the Steering Committee of the FOCAC- Legal Forum was adopted during the Forum.


The 4th FOCAC-Legal Forum was jointly held by China Law Society and the Attorney- General’s Office of Zimbabwe from November 18 to 20, 2013 in the city of Victoria Falls of Zimbabwe. The theme of the Forum was “Practicing Legal Diplomacy: Taking China-Africa Relations to New Heights”. The topics were as follows:
1. Accelerated Action for the Adoption of Best Practices in Trade and Investment for the Benefit of China-Africa Cooperation’s Legal Frame Works
2. Elimination of the Legal Obstacles in China-Africa Cooperation
3. Characteristics of Comprehensive Investment Treaties for the Mutual Benefit of China-Africa Cooperation
4. Corruption under the Background of China-Africa Cooperation and Its Impact on the Sustainable Development
5. An Assessment of the Effects of Climate Change on Economic Development in Light of the China-Africa Relationship
6. Development of Economic, Social and Cultural Rights of the African Population under the China-Africa Cooperation.
Nearly 100 delegates from China and a dozen of African countries and regional organizations such as Zimbabwe, Algeria, Angola, Eritrea, Nigeria, Seychelles, Senegal, South Africa, Tanzania, Zambia, Southern African Development Community, and African Union attended the Forum. During the Forum, the 2nd Conference of the Steering Committee of the FOCAC-Legal Forum was held.


The 5th FOCAC-Legal Forum was jointly hosted by China Law Society and the Attorney- General’s Office of the Republic of Angola from November 12 to 15, 2014 in Luanda, the capital of Angola. The theme of this Forum was “Legal Collaboration and Networking for Effective Cooperation between Africa and China”. The topics were as follows:
Topic 1: Formal and Informal International Cooperation
Panel 1: Dispute Resolution Mechanism with Africa and China Characteristics
Panel 2: Sustainable Development and Private Investment Policies in Africa and China Relations
Topic 2: International Cooperation-Transnational and Emerging Crimes
Panel 1: The International Judicial Cooperation- Combating Money Laundering Crimes
Panel 2: Strategies and Cooperation to Address the Challenges of Cyber Crimes
Nearly 300 delegates from 10 countries such as China, Angola, South Africa, Mauritania and Zimbabwe attended the Opening Ceremony of the Forum. Luanda Declaration was adopted at the Closing Ceremony of the Forum. During the Forum, the 3rd Conference of the Steering Committee of the FOCAC-Legal Forum was held.


The 6th FOCAC-Legal Forum was jointly hosted by China Law Society, Arbitration Foundation of Southern Africa (AFSA), Africa ADR, Association of Arbitrators (Southern Africa) and Shanghai International Arbitration Centre on November 26, 2015 in Johannesburg, South Africa. The theme of this Forum was “A Shared Jurisprudence for China and Africa”. The topics were as follows:

Topic 1: Arbitration in China and Africa – China-Africa Joint Arbitration Centre (CAJAC) Project
Topic 2: Legal Service
Topic 3: Criminal Law
Topic 4: Environmental Law
Nearly 150 delegates including judges, prosecutors, lawyers and scholars from China , South Africa, Zimbabwe and Angola attended the Forum. During the Forum, the inauguration ceremony of China-Africa Joint Arbitration Centre Johannesburg Centre and Shanghai Centre was held, announcing the official operation of both centres.

 

Organs of the FOCAC-Legal Forum
I. The Chinese Coordinating Committee
The Chinese Coordinating Committee of the FOCAC-Legal Forum was set up on August 9, 2010. Mr. Han Zhubin, President of China Law Society, was appointed as President of the Committee, and Mme. Liu Yang, Executive Vice-President of China Law Society, was appointed as Executive Vice-President of the Committee. Vice-Presidents and Members are high-ranking officials of Supreme People's Court, Supreme People's Procuratorate, Legislative Affairs Commission of the Standing Committee of the National People's Congress of China, Ministry of Foreign Affairs, Ministry of Justice, Ministry of Commerce and Legislative Affairs Office of the State Council and prestigious scholars of Law Institute of the Chinese Academy of Social Sciences, Association of Jurisprudence, China Criminal Law Society, Chinese Civil Law Society, China International Economic and Trade Law Society, Commercial Law Society, and Centre for African Laws and Society of Xiangtan University. The main functions of the Committee include exchanging information of developments and experience, analyzing current situations and trends of China-Africa legal cooperation and quickly solving problems in China- Africa legal cooperation. The Committee aims at integrating resources, jointing efforts and promoting the development of the FOCAC-Legal Forum as an authoritative, comprehensive and systematic legal think-tank for China-Africa exchanges, guaranteeing and leading the all-round development of the new type of China-Africa Strategic Partnership. With the new term of China Law Society leaders elected in November 2013, Mr. Wang Lequan, President of China Law Society, was appointed as President of the Committee and Mr. Chen Jiping, Executive Vice- President of China Law Society was appointed as Executive Vice-President of the Committee. The Chinese Coordinating Committee has held three rounds of meeting until now.


II.The Steering Committee of the FOCAC-Legal Forum
The first meeting of the Steering Committee of the FOCAC-Legal Forum was successfully held in Port Louis, Mauritius on December 7th, 2012. Mr. Yeung Sik Yuen,Chief Justice of Mauritius, Mr. Hon Mogoeng Mogoeng Thomas Reetsang, Chief Justice of Constitutional Court of South Africa, Mr. Tegene Getaneh, Chief Justice of the Federal Supreme Court of Ethiopia, Mr. Johannes Tomana, Prosecutor –General of Zimbabwe, Mr. Theodore Holo, President of High Court of Justice of Benin and Mr. Gu Zhaomin, Director-General of the Overseas Liaison Department of China Law Society were present at the meeting. In this meeting, the Charter of the Steering Committee of the FOCAC-Legal Forum was adopted, which symbolized the foundation of the Steering Committee. The Steering Committee is the decision-making and coordinating organ of the Legal Forum and it has two chairmen respectively coming from China and Africa. It also has the Secretariat, which is responsible for daily communication. The current Chinese president is Mr. Zhang Mingqi, Vice-President of China Law Society. The African Chairmen of the Steering Committee of the past terms include Mr. Yeung Sik Yuen, former Chief Justice of Mauritius, Mr. Johannes Tomana, Prosecutor –General of Zimbabwe and Mr. Joao Maria Moreira de Sousa, Prosecutor-General of Angola. The Chinese Secretary-General is Mr. Gu Zhaomin, Director-General of the Overseas Liaison Department of China Law Society. The Steering Committee of the Forum has held two rounds of meeting until now. 

 

Member organizations of the Steering Committee of the Forum:China Law Society
The Attorney-General’s Office of Angola
The High Court of Benin
Ministry of Justice of Eritrea
Federal Supreme Court of Ethiopia
The Cairo Regional Centre for International Commercial Arbitration
The Attorney-General’s Office of Kenya
The Supreme Court of Mauritius
Ministry of Justice of Nigeria
The Constitutional Court of South Africa

The Supreme Court of Senegal
The Attorney-General’s Office of Zimbabwe
Western African Bar Association


III. Charter of the Steering Committee of the FOCAC-Legal Forum
PART I – PRINCIPLES


Article 1 Preamble
Guided by the principles of “Equality, Cooperation, Development and Win-win”, the Steering Committee of FOCAC-Legal Forum will endeavour to implement the Beijing Declaration of FOCAC-Legal Forum to consolidate the spirit and consensuses reached in FOCAC and build the FOCAC-Legal Forum (hereinafter referred to as “the Legal Forum”) into a standing platform for China-Africa legal cooperation and exchange. This platform will serve to:
(1) enhance the practical cooperation between China-Africa legal circles;
(2) strengthen the traditional friendship, understanding and trust between China and Africa;
(3) facilitate the China-Africa friendly cooperation in those circles and the comprehensive and in-depth development of a new strategic partnership between China and Africa, underpinned by mutual trust, win-win cooperation and mutual exchanges;
(4)promote legal diplomacy and take positive steps, guaranteeing and facilitating the building of a new legal order.


Article 2 The Steering Committee
The Steering Committee of FOCAC-Legal Forum (hereinafter referred to as “the Committee”)
is the decision-making and coordinating organ of the Legal Forum.

 

PART II – FUNCTIONS
Article 3 Functions of the Committee
The Committee shall have the following functions:
(1) to discuss and formulate the development strategy of the Legal Forum;
(2) to help and encourage member organizations to host the Legal Forum and to coordinate the preparatory work for the hosting organization;
(3) to contribute ideas and exert efforts for the long-term, stable and sound development of the Legal Forum;
(4) to coordinate and consolidate exchange and cooperation programs between China-Africa legal circles;
(5) to perform such other functions as are consonant with the objects of the Legal Forum.


PART III – ORGANS AND STRUCTURES
Article 4 Member Organisations of the Committee
The member organisations of the Committee are national legal governmental sectors or organizations which are of nationwide prestige and influence and have capabilities in implementing the decisions of the Legal Forum.
Article 5 Two Chairpersons
(1) The Committee has two Chairpersons, one from China and the other from Africa. The Chinese Chairperson shall be the leader of China Law Society; the African Chairperson shall, pending the establishment of a permanent African structure, be the head of the African hosting organization of the Legal Forum. The term of office of the African Chairperson begins from the time his country has been chosen to host the Forum.
(2) The Chairpersons shall jointly convene the meetings of the Committee.


Article 6 The Secretariat
The Committee has a Secretariat whose structure and duties are specified in Part V.

 

PART IV – THE STEERING COMMITTEE CONFERENCE
Article 7 The Committee Conference meetings
The Committee Conference is held once during every Legal Forum and the heads of delegations of the member organizations of the Committee shall participate therein.


Article 8 Functions of the Committee Conference
The main functions of the Committee Conference shall be:
(1) to discuss, adopt and modify the present Charter of the Committee;
(2) to propose, project, guide and consolidate the plan of the future development of the Legal Forum;
(3) to suggest, coordinate and designate the host country, as well as the theme, subjects and activities of the subsequent Legal Forum;
(4) to discuss and approve membership of African legal organizations to the Committee;
(5) to discuss and determine other major issues of the Committee.


PART V – THE SECRETARIAT
Article 9 The Structure of the Secretariat
The Secretariat shall have two Secretaries-General, one from China and one from Africa. The Secretary-General of the Chinese side is the Director-General of Overseas Liaison Department of China Law Society. The Secretary-General of the African side shall, pending the establishment of a permanent African structure, be the official, designated by the Head of the African hosting organization where the Forum is going to be next held.


Article 10 The Duties of the Secretariat
The Secretariat operates under the coordination of the Chairpersons or their designates and has the following duties:

(1) to disseminate and implement the resolutions of the Legal Forum;
(2) to implement decisions made by the Committee, undertake working schemes, and report progress since the last Legal Forum to the Committee Conference;
(3) to collect and distribute relevant documents of the Legal Forum;
(4) to undertake communication, organization, projection and coordination of the next Legal Forum;
(5) to encourage national legal professionals to participate in the Legal Forum;
(6) to encourage and coordinate the participation of Chinese and African legal professionals in sending delegations to visit each other;
(7) to carry out various activities such as lectures and seminars in order to strengthen China- Africa legal academic exchanges and cooperation;
(8) to strengthen practical cooperation in the fields of economic and trade laws, and explore effective mechanisms to resolve disputes;
(9) to provide assistance in China-Africa legal practical exchange, cooperation and training;
(10) to assume daily duties of the Committee;
(11) to collect and collate information about China-Africa legal experts in order to set up a database, and recommend them to the Committee;
(12) to assume other duties authorized by the Committee Conference.


Article 11 Discussion and Implementation of Tasks
If necessary, the Secretariat can hold meetings convened by Secretaries-General during the Legal Forum to timely & efficiently discuss and implement timeously and efficiently tasks, policies and strategies decided by the Legal Forum and the Committee.


PART VI – FINAL PROVISIONS
Article 12 Working Languages
The working languages of the Committee are Chinese, English and French.

Article 13 Entry into Force
This Charter shall come into effect on the date the Committee adopts it.
Article 14 Interpretation and amendment
(1) The right of interpretation of this Charter belongs to the Committee;
(2) Any amendment of this Charter is by consensus of the members present at a meeting of the Committee.
Adopted in Mauritius on December 7th 2012 at the Grand Baie International Conference Centre.

 

China-Africa Joint Research and Exchange Program
The launching ceremony of China-Africa Joint Research and Exchange Program was held in Beijing on March 30, 2010. State Councilor Dai Bingguo delivered a speech at the ceremony. The Program, initiated by the Chinese government, was one of the eight-pointed new measures on China-Africa cooperation announced by Premier Wen Jiabao at the Fourth Ministerial Conference of FOCAC and a significant step in the efforts of cementing the foundation of friendly feelings between Chinese and African peoples and deepening the new-type strategic partnership between China and Africa under the new circumstances.


From October 28 to November 22, 2011, a 4-member delegation of China Law Society paid a successful visit to Nigeria and South Africa, conducting legal exchanges on “Dispute Resolution Mechanism with China-Africa Characteristics”. Chinese and African legal professionals reached consensus on setting up Dispute Resolution Mechanism with China-Africa Characteristics in different regions of Africa step by step.


From May 15 to 26, 2012, a 6-member delegation of China Law Society, headed by Mr. Gu Zhaomin, Director-General of Overseas Liaison Department of China Law Society, paid a visit to Guinea, Ghana, Zambia and Mauritius, conducting legal exchanges on “Legal Prevention and Remedy to China-Africa Investment Risks”. The delegation visited nine African legal organizations, had meetings with representatives from more than 20 Chinese and African enterprises, collected a large amount of first-hand information and gave some enterprises suggestions on resolving some legal issues. The delegation also signed Memorandum of Mutual Cooperation with Ghana Bar Association and Law Association of Zambia and had fruitful discussions and reached consensus with the Supreme Court of Mauritius on such issues as protocol, theme, topics, activities arrangements, expenses coverage, and facilities of the third FOCAC-Legal Forum.

 

Legal Seminar between China and Eastern and Southern African Countries on Issues Arising from Economic, Trade and Investment Cooperation
In order to further enhance the mutual understanding and friendship of the legal professionals,deepen mutual trust and cooperation, create favorable environment for economic, trade and investment cooperation, ensure the economic and trade flow and smooth investment, jointly create a bright future for the cooperation between China and Eastern and Southern African countries, the Legal Seminar between China and Eastern and Southern African Countries on Issues Arising from Economic, Trade and Investment Cooperation, sponsored by China Law Society and organized by Law Society of Hunan Province and Xiangtan University, was successfully held in Xiangtan University, Hunan Province, China, from September 16th to 20th, 2012. Delegates from the legal circles of China and 13 African countries as well as around 400 teachers and students of Xiangtan University attended the Seminar. Before the opening ceremony, Mr. Zhou Qiang, Chairman of the Standing Committee of Hunan Provincial People's Congress (present Chief-Justice of China), met with some African delegates and extended cordial greetings to African friends. Mr. Chen Jiping, Executive Vice-President of China Law Society, Mr. Zhou Qiang, Chairman of the Standing Committee of Hunan Provincial People's Congress, Mme. Liu Yang, Executive Vice-President of China Law Society, Mr. Edward Haae Phoofolo, Minister of Justice of Lesotho and Mr. Shaheed Bhaukaurally, Puisne Judge of Supreme Court of Mauritius delivered speeches respectively during the opening and closing ceremony. During the Seminar, 21 speakers made excellent speeches around the theme of “Strengthening Legal Cooperation to Get Mutually Beneficial and Win-win Results” on the following topics:
1. Introduction to Economic, Trade and Investment Laws
2. Legal Prevention and Remedy to China-Africa Investment Risks
3. Legal Service in Economy, Trade and Investment Cooperation
4. Dispute Resolution Mechanism with China-Africa Characteristics

Chinese and African delegates together witnessed the establishment of the China-Africa Legal Training Base and the signing of “the Project on Strategic Partnership in Promoting Legal Diplomacy”. They also participated in a lot of activities, such as the Meeting between Chinese and African Delegates for Practical Cooperation, the Second Meeting of the Chinese Coordinating Committee of FOCAC-Legal Forum and the visit to Intermediate People’s Court of Xiangtan City,etc.

 

Project of Mutual Registration for Chinese and African Arbitrators
In recent years, China and Africa have deepened practical economic cooperation featuring mutual benefit. China's trade with Africa and its investment in Africa have been expanding. Bilateral trade has grown rapidly with improved trade mix. Chinese investment in Africa, made in increasingly diversified areas and ways, has registered strong growth. In order to further enhance the smooth investment between China and African countries and strengthen the practical cooperation between the legal circles of China and African countries, China Law Society has been actively promoting building the Dispute Resolution Mechanism with China- Africa Characteristics. In November, 2011, a four-member CLS delegation visited the Regional Centre for International Commercial Arbitration-Lagos (RCICAL) in Nigeria and reached consensus with RCICAL on registering Chinese arbitrators in RCICAL. Since then, China Law by CLS.

 

China-Africa Legal Research Centre
The China-Africa Legal Research Centre was founded in Beijing in September 2014. Supported by Beijing Foreign Studies University, the China-Africa Legal Research Centre is aimed at developing systematical, basic, strategic and forward-looking researches into Chinese and African laws, which makes the Centre a specialized, comprehensive and open research platform of Chinese and African laws. The Research Centre has set up the Board of Directors, on which Mr. Chen Jiping, Executive Vice-President of China Law Society was appointed as Honorary President, Mr. Zhang Mingqi, Vice-President of China Law Society was appointed as President, Mr. Huang Jin, Vice-President of China Law Society, Mr. Wang Liming, Vice-President of China Law Society, Mr. Gu Zhaomin, Director-General of the Overseas Liaison Department of China Law Society, Mr. Peng Long, President of Beijing Foreign Studies University and Mr. Du Shiping, full-time Vice-Presidents of Beijing Law Society were appointed as Vice-Presidents. The Research Centre will also set up a Consulting Committee, where important legal institutions and organizations, well-known enterprises and legal professionals in China and African countries will act as consulting organizations and consulting members of the Research Centre. 

 

Members of the Board of Directors of China-Africa Legal Research Center
Honorary President:
Chen Jiping      Executive Vice President of China Law Society
Chairman:
Zhang Mingqi    Vice President of China Law Society
Vice-Chairmen:
Huang Jin        Vice President of China Law Society
                 President of China University of Political Science and Law
Wang Liming      Vice President of China Law Society
                 Executive Vice President of Renmin University of China
Gu Zhaomin       Director-General of Overseas Liaison Department of China Law Society
Peng Long        President of Beijing Foreign Studies University
Du Shiping       Full-time Vice President of Beijing Law Society
Members:
Liu Hehua        Director-General of Bureau of Foreign Affairs of the Supreme People’s Court
Luo Dongchuan    Presiding Judge of the fourth Civil Division of the Supreme People’s Court
Guo Xingwang     Director-General of Department of International Cooperation of the Supreme People’s Procuratorate
Lin Songtian     Director-General of Department of African Affairs of Ministry of Foreign Affairs
Li Chenggang     Director-General of Department of Treaty and Law of Ministry of Commerce
Zhou Yubo        Deputy Secretary-General of State-owned Assets Supervision and Administration Commission

Yu Jianlong      Secretary-General of China International Economic and Trade Arbitration Commission
Fu Zitang        President of Southwest University of Political Science and Law
Jia Yu           President of Northwest University of Politics and Law
He Qinhua        President of East China University of Political Science and Law
ShenSibao        President of China International Economic and Trade Law Society
                 President of Law School of Shanghai University
Zhao Bingzhi     Vice President of International Association of Penal Law
                 President of China Criminal Law Society
                 Dean of Law School and Criminal Legal Science Institute of Beijing Normal University
Mo Jihong        Vice President of International Association of Constitutional Law
                 Vice Director of Institute of Law of Chinese Academy of Social Sciences
Liu Xiaohong(F)  Vice President of East China University of Political Science and Law
Zhang Shouwen    President of Law School of Peking University
Wang Zhenmin     President of Law School of Tsinghua University
Zhou Zhongfei    President of Shanghai University of Political Science and Law
Wang Yi          Professor of Renmin University of China
Lu Jianping      Deputy Presiding Judge of the third Criminal Division of the Supreme People’s Court
                 Executive Vice Dean of Criminal Legal Science Institute of Beijing Normal University
Ding Ding(F)     Professor of University of International Business and Economics
Li Mingde        Executive Vice President of China Intellectual Property Law Association
                 Researcher of Institute of Law of Chinese Academy of Social Sciences
Zhu Ciyun(F)     Professor of Law School of Tsinghua University
Li Anshan        President of Chinese Society of African Historical Studies

                 Director of Center for African Studies of Peking University
Kong Qingjiang   Dean of Faculty of International Law of China University of Political Science and Law
Li Yonghui       President of School of International Relations and Diplomacy of Beijing Foreign Studies University
NiuHuayong       President of International Business School of Beijing Foreign Studies University
Sun Xiaomeng(F)  President of School of Asian and African Studies of Beijing Foreign Studies University
Wan Meng         President of Law School of Beijing Foreign Studies University 

Secretary-General:
Wan Meng         President of Law School of Beijing Foreign Studies University

 

China-Africa Legal Training Base
After the establishment of FOCAC, the China-Africa relationship enters into a new phase of rapid, all-around and stable development. The promotion of China-Africa relationship in all respects laid a solid foundation for the legal exchanges between China and African countries
and brought challenges. The base aims at providing legal training course for young African legal talents, deepening the understanding and friendly feelings between the Chinese and the African young generation, constantly consolidating the foundation of the traditional China-
Africa friendship, strengthening the mutual understanding and trust between China and African countries, tamping the social foundation of the China-Africa New Strategic Partnership, playing a positive role in developing the China-Africa New Strategic Partnership.


On September 17, 2012, the China-Africa Legal Training Base was established in Xiangtan University, Hunan Province. In order to implement the relevant spirit of the Beijing Action Plan (2013-2015) quickly and effectively, considering the variety and complexity of the legal
systems of African countries and the geographic location and language advantage of Beijing Foreign Studies University, China Law Society set Beijing Foreign Studies University as one of the China-Africa Legal Training Bases in September 2014. BFSU will implement the exchange
activities with the African legal professionals along with Xiangtan University. 

 

Course of China-Africa Legal Professionals Exchange Project
In order to realize the Beijing Action Plan (2013-2015), the China-Africa Legal Professionals Exchange Project was officially held in September 2014. The 1st Course was held in Beijing Foreign Studies University from September 1st until September 30th, 2014, in which 27
participants from 17 African countries participated. The Course set up lectures including “The Construction of Legal System and the Development of Rule of Law in China”, “The Constitution of China and the Protection of Human Rights”, “China Legal Diplomacy”,“The Legal Issues on the Chinese Labor System-the Labor Law, Labor Contract and Labor Dispatch”, “Chinese Judicial System and Foreign-Related Civil Trials”, “Financial Law of China”, “Corporation Law of China”, “The Legal Aspects of Foreign Direct Investment in China”, “Practices of Lawyers in China”, “Intellectual Property Law of China and International Protection of IPR”, “General Introduction to Chinese Civil Law and Chinese Property Law”, “Contract Law of China”, “General Introduction to China’s Economic Law”, “The Development and the Time Characteristics of the Criminal Law of China”, “The Development of Shanghai Free Trade Zone and Its Legal Issues”, “International Commercial Arbitration and Foreign- Related Arbitration of China” and “The Engagement in the UN Convention and Regional Cooperation Under the Framework of WTO”. China Law Society has invited top specialists and scholars in the above fields to give lectures to the Course participants. The Course participants also paid a visit to organizations including China Law Society, China Supreme People’s Court, China Supreme People’s Procuratorate, Ministry of Foreign Affairs, Ministry of Commerce, Ministry of Justice, China Development Bank, China International Economic and Trade Arbitration Commission, Dacheng Law Firm and King & Wood Mallesons Law Firm. They also visit famous attractions including the Palace Museum, the Great Wall, the Summer Palace, the Bird’s Nest, the Water Cube and the Museum of the War of Peoples Resistance Against Japanese Aggression. They have also learnt Chinese and held parties with students from BFSU in their spare time.


During the Course, the Alumni Association of China-Africa Legal Training Base was founded and the Alumni Network was set up. Meanwhile, participants to the Course were appointed as researcher fellows and counselors of China-Africa Legal Research Center, China-Africa Legal
Training Base and China Research Center of Legal Diplomacy and President of sub-associations of African alumni. Totally 11 organizations including Law Society of South Africa, the Regional Centre for International Commercial Arbitration-Lagos and some of African Law Firms have respectively signed Memorandum of Mutual Cooperation with the International Department of China Law Society and have joined the Project on Strategic Partnership in Promoting Legal Diplomacy by signing an agreement.


The 2nd Course was held in Beijing and Shanghai from May 25th to June 20th, 2015, hosted by Beijing Foreign Studies University and Shanghai University of Political Science and Law. 23 participants from 14 African countries participated in the 2nd Course, during which the “Seminar on China-Africa Joint Dispute Resolution Mechanism” and the “High-Level Training on Investing in Africa: Legal Risk Prevention and Dispute Resolution” were held. 

 

The 3rd Course will be held in Beijing and Guangzhou from May 29th to June 12th, 2016, hosted by Beijing Foreign Studies University and Guangdong University of Foreign Studies, during which the “Seminar on Soft Power Building” will be held in Beijing and the “High-Level Legal Training on Investing in Africa” will be held in Beijing and Guangzhou respectively. 

 

Establishing Dispute Resolution Mechanism with China-Africa Characteristics
Seminar on “Alternative Dispute Resolution Mechanism with China-Africa Characteristics”, which was one of the significant actions to implement the Beijing Action Plan (2013-2015) and an extension of “The Project of Mutual Registration for Chinese and African Arbitrators”, was held on September 26, 2014 in Beijing Foreign Studies University. Nearly 70 representatives from China and Africa, ranging from government judicial officials, legal experts to lawyers and arbitrators, have participated in the seminar. Mr. Zhang Wenxian, Vice-President of China Law Society, Mr. Jia Dezhong, Vice-President of Beijing Foreign Studies University, Mr. Chen Jian, Director of International Case Management Department of the China International Economic and Trade Arbitration Commission were present at the opening ceremony and gave speeches. Mr. Omosioni Sean Oru, representative of African participants to the Course and legal counsel
of Regional Center for International Commercial Arbitration-Lagos also gave a speech. Mr.Gu Zhaomin, Director-General of International Department of China Law Society hosted the ceremony.


Besides discussions around the topics “China-Africa Arbitration Institutions and International New Trends” and “Dispute Resolution With China-Africa Characteristics: Friendship, Culture, and Sustainable Development”, the Seminar has also held a round-table discussion, interpreting the strategic concept of establishing the China-Africa Joint Arbitration Centre(CAJAC) and inviting all the participants to the seminar from China and Africa to discuss the arbitration rules of the Centre in a deep and comprehensive way, in order to raise constructive proposals and for the foundation of Alternative Resolution Mechanism with China-Africa Characteristics and draw a beautiful picture of its future.


In the end, the Seminar adopted the Proposal on the Establishment of the China-Africa Joint Arbitration Centre.


In 2015, China Law Society continued to focus on pushing forward the establishment of alternative dispute resolution mechanism with China-Africa Characteristics.


On March 6th, China Law Society hosted the Chinese Legal Experts’ Deliberation on Alternative Dispute Resolution Mechanism with China-Africa Characteristics, jointly with China International Economic and Trade Arbitration Commission, Beijing Foreign Studies University and China-Africa Legal Research Centre. More than 30 experts like governmental officials, judges, scholars and corporate representatives from Foreign Affairs Office of the Party’s Central Committee, the Supreme People’s Courts, Ministry of Foreign Affairs, Ministry of Commerce,
Beijing Law Society, China University of Political Science and Law, University of International Business and Economics, East China University of Politics and Law, StarTimes Corporation attended the Deliberation. During the Deliberation, experts had practical and effective discussions on relevant issues of establishing China-Africa Joint Arbitration Mechanism; and eventually reached broad consensus on key legal issues such as the founding concept, founding model, scope of cases, arbitration rules of China-Africa Joint Arbitration Centre.


On June 5th, China Law Society hosted the Seminar on Establishing China-Africa Joint Dispute Resolution Mechanism. Nearly 70 experts from China Law Society, the Supreme People’s Court of P.R.C., China International Economic and Trade Arbitration Commission, Shanghai International Arbitration Centre, Arbitration Foundation of Southern Africa (AFSA), Africa ADR, Association of Arbitrators (Southern Africa) and Mauritius International Arbitration Centre attended the seminar. Among them, there are judges, arbitrators, legal scholars, lawyers and corporate legal representatives from both China and Africa. During the Seminar, more than 30 Chinese and African legal professionals from multiple institutes including AFSA, Africa ADR, Association of Arbitrators (Southern Africa) and Supreme People’s Court of P.R.C. jointly signed the Beijing Consensus on Establishing China-Africa Joint Dispute Resolution
Mechanism. Participants at the Seminar agreed that China-Africa Joint Arbitration Association should established at the right time, that China-Africa Joint Arbitration Centre should be established and adopted into Bilateral Investment Treaties between China and African countries as a dispute settlement clause under attempts, and that China-Africa Legal Exchange Fund should be established when conditions are met. Besides, Shanghai International Arbitration Centre, AFSA, Africa ADR and Association of Arbitrators (Southern Africa) jointly signed an Agreement of Cooperation on Establishing China-Africa Joint Dispute Resolution Mechanism.

 

On August 17th, Vice President and Secretary-General of China Law Society, Mr. Bao Shaokun led a delegation to visit South Africa. During the stay in South Africa, in total 37 Chinese and African most influential legal organizations and arbitration institutes signed the Johannesburg Consensus on Establishing China-Africa Joint Dispute Resolution Mechanism Being the China- Africa Joint Arbitration Centre of Shanghai and Johannesburg, with joint coordination of China Law Society and Arbitration Foundation of Southern Africa, under the witness of Hon. Tomana, Prosecutor-General of Zimbabwe, Mr. John Jeffrey, Deputy Minister of Justice and Constitutional Development of South Africa, Mr. Mpho Parks Tau, Mayor of Johannesburg and many other legal elites. The signature of Johannesburg Consensus marks the official establishment of China-Africa Joint Arbitration Centre (CAJAC) Johannesburg Centre and Shanghai Centre.


On November 26th, right before the FOCAC Johannesburg Summit, the 6th FOCAC-Legal Forum took place in Johannesburg, South Africa, during which, an unveiling ceremony of CAJAC Johannesburg Centre and Shanghai Centre was held, which announced the official operation of both centres and marked a concrete step towards the establishment of CAJAC. In 2016, China Law Society plans to co-organize the China-Africa Arbitration Conference in Johannesburg, South Africa in November, so as to further promote CAJAC in the legal business
communities in Africa. 

 

Seminar on China-Africa Investment and Trade Law
“Seminar on China-Africa Investment and Trade Law” was held on September 10, 2014 in Beijing Foreign Studies University. Nearly 100 representatives from China and Africa, ranging from judges, prosecutors, government judicial officials, legal experts, representatives from
industrial and commercial enterprises to lawyers, have participated in the Seminar. Mr. Bao Shaokun, Vice-President and Secretary-General of China Law Society, Mr. Yan Guohua, Vice- President of Beijing Foreign Studies University, Mr. Ernesto Van-Dunem, Counselor of Angolan
Embassy in China, Mr. Zhang Jixing, Chief of Legal Department of Sinopec Group and Mr. Godwin Ifeanyi Okoro, First Secretary of Nigerian Embassy in China were present at the opening ceremony, where Mr. Bao Shaokun, Vice-President and Secretary-General of China Law Society, Mr. Yan Guohua, Vice-President of Beijing Foreign Studies University and Miss Jabulisile Bridgett Majola, Senior Associate of DLA Cliffe Dekker Hofmeyr of South Africa gave a speech. Mr. Gu Zhaomin, Director-General of International Department of China Law
Society hosted the ceremony.


The Seminar was aimed at leading a deep discussion concerning problems occurred in the investment and economic cooperation between China and Africa from a legal perspective, putting forward proposals and strategies that will accord with the current phase of the development of China-Africa cooperation, better protecting China-Africa common benefits and promoting the sound development of China-Africa relationships and providing powerful intelligent support for pushing China-Africa investment and economic development and implementing the “461” framework of China-Africa cooperation. The Seminar included four topics: “Hot Issues in China-Africa FDI Law”, “Risks of China Invest and Trade in Africa”, “Challenges and Solutions for the Economical Corporation between China and Africa” and “Trade and Investment Oriented towards the Future: the China-Africa Cooperation”, which complied with the current prosperous trend and met the demands of China-Africa investment and economic development.