Remarks to Jessup Moot Court Competition

U.S. Ambassador to China Jon Huntsman, Jr.
Remarks to Jessup Moot Court Competition
Remnin University, Beijing, China
March 1, 2010

(Introduction in Chinese)

I want to thank all of those who are responsible for organizing this very important gathering today, all of our distinguished guests.  In particular I want to point out Judge O’Scannlian from the 9^th Circuit Court of Appeals who is here with us as well; my colleagues, Ambassador Mulroney of Canada; Ambassador Schafer of German; and Ambassador Kahn of Pakistan.  It’s a pleasure to be with one and all.  These are great friends and thoughtful professionals from whom we have just heard.

I sense, frankly speaking, that my main qualification for speaking to you today is that I represent the country with the most lawyers per capita -- [Laughter] -- of any country in the world.  We have one lawyer for every 265 American citizens.

Now some people would say that that’s probably a million lawyers too many.  We may have more lawyers than we need, but people in the United States would likely also say the same thing about politicians, so I have some sympathy for my friends in the legal profession today.  [Laughter].

But the absolute number of lawyers in a country is less important than a strong, transparent legal system -- one of the key features of any developed society today.  By setting clear rules and holding people accountable to them regardless of their status or guanxi.  A strong legal system creates an environment that fosters economic growth, protects people from persecution, and contributes to social stability, and ensures people’s rights, well being and property.

China’s own experience is very illuminating.  In 1979, just about the time I first moved to the region, there were only 2,000 lawyers and two law schools in all of China.  Today there are more than 190,000 lawyers, 12,000 law offices, and 300 law schools here in China.  As impressive, there are currently 400,000 law students in China which means the number of lawyers in this country is going to triple or even quadruple over the next ten years.  I think that’s a good thing.  The more people understand the law and what the law can accomplish, the more people value rule of law, the more stable, strong and prosperous a nation will be.

Let me give you a few reasons why the United States cares so deeply about China’s commitment to rule of law.

First, continued growth and stability depend on our commitment to this rules-based system.  To international legal norms and international legal institutions.  Such a system lays out clear ground rules to resolve disagreements when and where they occur.  This is more important than ever, given the global challenges we face today -- like economic recovery, climate change, nuclear proliferation, and violent extremism.  As two of the world’s largest economies, two of the countries with the largest populations, militaries, and the world’s largest consumers of energy and producers of carbon emissions, the United States and China have a very unique responsibility to find creative solutions to these challenges.  Believing that no one country can solve these problems alone, but rather by pulling together in the same direction, the United States and China can jointly move the international community to action.  But this requires common ground.

Now if you read the newspapers you’ll have seen reports of recent tension between the United States and China.  I’m an optimist.  I know we’ll get through this rough period as we’ve always done in the past, through honest communication more than anything else.  I look forward to resuming the kind of collaborative and productive relationship that both our great nations aspire to.  In doing so, we need to do some thinking to help us address one another’s core interests and through dialogue leave a legacy of accomplishment for future generations.

So despite our disagreements from time to time, I think we can agree it’s absolutely critical to work through our differences.  But to do so in ways that reinforce rules-based systems.  In getting there, we must also lead by example.  We must hold countries accountable to international agreements.  If a country associates itself with or ratifies an agreement, they do so because they accept the rules as binding.  They can’t sign onto the non-proliferation treaty or the World Trade Organization or the Geneva Convention on Human Rights then proceed to violate international law.  Doing so, as I believe Iran and North Korea have done, undermines the credibility of the international consensus.

It is even more important today, in today’s global economic crisis, that we use rules-based systems to stabilize the international economy, foster the $400 billion two-way trade between our two nations, protect intellectual property rights, resolve commercial disputes, and contribute to our joint prosperity.

Second, as China’s economy has grown, so too has the number of American companies operating here.  To give you just a few examples, Motorola has invested more than $3.5 billion in China; Microsoft more than $1 billion; and Intel will open its new $2.5 billion manufacturing facility soon in Dalian.  These companies bring with them the best in American business practices, technology and talent and employ hundreds of thousands of people throughout China.  Attracting such investment gives China a strong economic incentive to strengthen its legal system.  A robust, transparent legal system fosters entrepreneurship and innovation, both of which are absolutely critical to China’s continued economic development.

It also prevents corruption, which is essentially a breakdown in rule of law that produces economic deficiency and competitiveness.  Your business people, like ours in the United States, must have confidence in the legal system and those who enforce it.

Finally, let me just say that the United States cares about rule of law because we believe strongly in certain basic human rights like freedom of speech, religion, and from fear of persecution, these you might say are core American values that are enshrined in our Constitution.  The law on which all other U.S. laws are based.  We believe these rights are not unique to Americans, but are shared by all humans, regardless of their nationality.  Many can even be found in China’s constitution.

It took a long time for the United States to apply these rights equally across society.  When our Constitution was first adopted, many of these rights applied only to white land-holding males.  But many brave men and women like Dr. Martin Luther King and Susan B. Anthony, stood up and challenged the system.  They called for equal rights for all people, regardless of gender, race or creed.  And because of their bravery and willingness to call our nation to a higher standard, the United States is a better place today, where people speak up for those who can’t speak for themselves.

Now we recognize that our experience in the United States is unique in many respects, and that each country’s political and legal system is absolutely shaped by its own culture, history and tradition.  And as someone who has studied China for decades, I have enormous respect for this country’s culture, history and values, and how well China has also succeeded in lifting hundreds of millions of people out of poverty over the last few decades, an accomplishment unparalleled in human history.

But there needs to be assurance that those who speak out of love for this country and its continued prosperity are also protected under the law.

When someone who has worked to make China even better, someone who addresses important issues respectfully and in accordance with Chinese law is detained, tried, and convicted in violation of China’s own laws, China undermines the credibility of its legal system and makes it less likely that others will stand up and work for the betterment of society.  People must be able to speak truth to power.

So finally, let me just say that the United States and China have much we can learn from each other.  I like to say huxiang xuexi, huxiang bangmang, gongtong jinbu (We study together and help each other to move forward).  Our cooperation between our two countries will be absolutely critical in resolving many of the most pressing problems facing the world today.

So let me just say that our embassy has worked very hard in conjunction with the China University of Political Science and Law over the last eight years to translate 60 American legal books into Chinese.  They are behind me here, and it is my honor to be able to present this set of the American Law Library -- that’s what we call it, to Remnin University Law School today.  And any other law schools represented here who would like a copy of the same, we would be delighted to make them available.

So let me just say my congratulations to students from 34 outstanding law schools participating in this week’s competition.  You will play a prominent role in shaping your country’s future and therefore, the future of the world.

Given the remarkable talent and dedication of the young people I’ve encountered all over this country, I am fully confident that China will be even better because of your hard work and effort.

Thank you so very much.

 

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