China's judges enhancing global role

Chinese judges are making a significant mark on the global judicial arena by upholding the rule of law, adhering to professional ethics and sharing their mediation practices internationally.

Shen Hongyu, a veteran in handling foreign-related commercial and maritime cases at China's Supreme People's Court, is a notable figure on the international stage. She became a part-time judge of the International Labour Organization's Administrative Tribunal in July 2021, following a nearly nine-month selection process.

"Serving internationally marks a new chapter in my career and reflects the strong trust and recognition that international organizations have in China's judicial system and its judges' capabilities," Shen said.

As the first Chinese judge on the tribunal in nearly a century, she has been a strong advocate for introducing Chinese mediation practices to the international platform.

Shen emphasized that Chinese judges have extensive experience in dealing with complex cases and coordinating across departments, which has contributed to the success of the mediation approach.

In Chinese courts, mediation is a dispute resolution mechanism, in which the people's court, during the process of hearing cases, facilitates an agreement between the parties based on the principle of voluntariness.

Shen highlighted the importance of mediation in resolving disputes, saying that the method addresses legal issues and effectively resolves the underlying causes of conflicts.

Shen said that successful mediation relies on establishing trust through professional competence, efficiently identifying facts and setting clear mediation goals.

"Judges need to guide litigants to adjust their expectations, understand their interests and narrow differences to achieve a resolution satisfying all parties," she said.

Shen added that what greatly encourages her is the acceptance by the international community. Last year, the ILO Administrative Tribunal adopted mediation rules and named its first mediator, integrating this Chinese-originated approach into the global system, she noted.

Sun Xiangzhuang, a full-time judge at the United Nations Dispute Tribunal since July 2023, also emphasized judicial mediation as an "added value" of Chinese judges in the international community.

He shared a recent case in which an applicant had filed over 20 applications to the tribunal. "I highlighted the advantages of judicial mediation in a case management discussion, encouraging him to resolve his disputes amicably. Soon, he submitted a motion to withdraw a couple of applications," said Sun, the first Chinese elected as a judge of this tribunal. His term runs until June 2030.

He noted that as Chinese judges integrate into the international judicial environment, both the UN Dispute Tribunal and the Appeals Tribunal now have the capacity to process cases in Chinese. "This is a remarkable achievement in geographic distribution and cultural inclusivity within the UN's internal justice system, allowing more non-English-speaking parties to experience judicial fairness directly," he said.

He stressed that embracing diversity is a core value that judges of the UN Dispute Tribunal should uphold.

Shen, from the top court, said,"International service has strengthened my belief that judges, whether at home or abroad, have the honorable mission of upholding justice and fairness."

Sun has also gained from his international role, improving his English and international law skills, as well as learning the importance of finding common ground and complementing each other's strengths while working with judges from diverse legal backgrounds to achieve optimal outcomes in every case.

He pointed out that sincerity and professionalism are key to bridging gaps and advancing work efficiently, saying that meaningful exchanges and interactions among judges who come from different countries are beneficial to handling cases and broadening perspectives.

Given that the UN is currently the world's most important platform for multilateral cooperation, the relatively low number of Chinese international employees is a concern. Sun suggested that there should be an increased focus on training legal professionals with international expertise and encouraging young talent to pursue opportunities on the global stage.

Shen has also championed multilateralism, emphasizing that it fosters mutual understanding among legal systems and helps to shape a more inclusive and respectful international judiciary.

Gao Xiaoli, vice-president of China's Supreme People's Court, expressed similar sentiments about multilateralism. She said that her motivation to run for a UN judicial position stemmed from her extensive practice and research in international law, as well as the UN's crucial role in maintaining world peace, protecting human rights and promoting sustainable development.

"Contributing my judicial expertise and strength on such a multilateral stage is very meaningful," said Gao, who was elected as a judge on the UN Appeals Tribunal in 2022. The term of Gao, the first Chinese national to serve on the tribunal, runs until June 30.

In June 2023, Gao was elected as First Vice-President of the tribunal. In October that year, she was elected as president of the tribunal.

She said the experience gained from Chinese courts has been crucial in her work at the UN Appeals Tribunal, helping her effectively resolve complex cases and earn respect from international judges. She also called on more Chinese judges to participate in international exchanges and gain cutting-edge theoretical and practical experience in international law.

China's international judicial engagement has continued to grow in recent years. Zhang Lingling, a judge from China's Supreme People's Court, is set to start her tenure at the UN Appeals Tribunal on July 1.

Zhang pledged to uphold professional ethics and enhance judicial transparency and efficiency to address the increasing caseload, and safeguard the legitimate rights of every party involved, thereby supporting the UN's reform process and showcasing the image of justice and integrity in the Chinese judiciary.

"True justice transcends nationality, race, gender and rank, and I am aware that behind every dispute are real people whose careers, reputations and families are at stake," Zhang said.