Under the guidance of the "Global Law Review", the author was fortunate enough to visit Mr. Han Depei, Professor of International Law from Wuhan University on April 25th, 2001. Mr. Han, who was 92 years old, spent two hours with the author having a a long talk and answering the author’s question at his residence iof Luojia Shan.
Q: Mr. Han, you are a famous jurist and educator in China, who is recognized as an expert in international law, international private law and environmental law. Can you introduce your academic experience please?
A: I was born in 1911 in Rugao, Jiangsu. In 1934, I graduated from the Law Department of Nanjing Central University. After that, I took a postgraduate degree of Britain on government funds . In 1940, I studied law at the University of Toronto, Canada, and obtained a master's degree in law. In 1942, I continued to study international law, international private law, and jurisprudence at Harvard Law School. At the end of the Second World War, I was invited by the President of Wuhan University, the authority of China's international law, Mr. Zhou Yisheng, to return to China as a professor of law at Wuhan University. Since 1947, I served as the head of the law department. The courses I taught mainly included international private law, international public law, and history of foreign legal thoughts. After the liberation of Wuhan in 1949, I continued to serve as the professor and dean of the Faculty of Law at Wuhan University. Later, I was appointed as the deputy secretary-general of the Wuhan University School Committee. Since 1951, I was appointed as the deputy provost. Since 1957, in the two major disasters of "anti-right" and "Cultural Revolution", I had been shackled for 20 years. In 1979, I was appointed to lead the reconstruction of the Faculty of Law of Wuhan University. I served as the head of the department, the director of the Institute of International Law, the director of the Institute of Environmental Law, the dean of the law school, and the honorary dean. I have served as a member of the Judicial Review Group of the State Council Academic Degree Committee and a special member. I am the vice president and honorary president of the China Society of International Law and the president of the China Institute of Private International Law. Now, although I am over 90 years old, as a tenured professor at Wuhan University, I can continue to guide doctoral and postdoctoral researchers.
Q: For more than half a century, you have made your own contribution to the development of legal education and research in China. What are the main works or results that you are most satisfied with?
A: First, I edited the textbook of the first "International Private Law" in China's colleges and universities, and created a new system of international private law in China. Secondly, the China Institute of Private International Law was organized and published the "Model Law of China's International Private Law" (Chinese and foreign texts). Thirdly, I edited the first general textbook of the Environmental Protection Law Course in China's colleges and universities. Fourthly, I presided over the restoration of the Wuhan University School of Law, the establishment of the Institute of International Law and the Institute of Environmental Law. The successful development of Wuhan University Law School is now regarded as a "miracle" worthy of study by the domestic legal education community. In fact, it is not a "miracle." If it is a "miracle", it is also the result of joint efforts of leaders at all levels, faculty and staff of the whole school and the majority of students. My personal role is limited. My guiding ideology for Wuhan University's legal education, research and discipline construction is: Human effort can achieve everything so we should have bold vision and courage in action and make innovation.Dare to promote young people and oppose the suppression of talents, I not only am not afraid of being exceeded, but also hope that others will surpass themselves. Fifthly, I have trained a large number of students and graduate students. Now I can say that it is "students from all over the world."
Q: Mr. Han, you were born in the late Qing Dynasty, experienced three dynasties, spanning two centuries, and you have been squandered in the prime of life, for you had not cultivated in your beloved law field for 20 years. At the age of 70, you are still in the forefront of law to guide students. What do you think should be paid attention to as an excellent Chinese legal education or research worker?
A: First, there must be a spirit. For international law scholars, this spirit is the spirit of combining patriotism with internationalism, advocating science, pursuing justice, and upholding the spirit of truth. In the specific teaching and research activities, study hard, no matter how bad the environment, persevere going your own way, work hard on the ground in your own ideals ; keep confident and optimistic; human’s efforts can achieve everything and dare to innovate; indifferent to fame and fortune, dare to enjoy impoverishment and peace of heart. Secondly, strengthen the cultivation of all aspects. It is necessary not only to focus on business learning, but also to strengthen the cultivation of personality and character; not only must have ideals and noble sentiments, but also become a person who has a real sense of temperament, justice, social responsibility and faith in the rule of law.
Q: Please tell us about the major developments and current pressing issues of teaching and research in international law in the past 20 years.
A: First, there is a broad and narrow understanding of international law, both of which make sense. For China, international public law, international private law and international economic law are all important. However, the relevant departments of the state have merged the three disciplines together to expand the knowledge and broaden the foundation. This is not appropriate. There are some problems that cannot be solved, and in fact it does not work. Disciplinary adjustments and mergers should be intrinsically linked or separate. The subject merger was decided by the degree office and is now being re-adjusted. The Ministry of Education has done a good job. The textbooks of international public law, international private law and international economic law are written separately. The curriculum is still separate, and graduate students are taught separately. Secondly, in terms of research, there is now a humanities and social science research base of the Ministry of Education in international law. This is very good, but the task is heavy and the responsibility is great. There is still much to be done to complete the tasks of the five centers of the Institute of International Law of Wuhan University. The book materials must be enriched. The country should establish a library of books and materials according to the region. It is necessary to spend money and increase investment. The state should attach importance to social sciences as much as the natural sciences. Broadly speaking, science includes both natural sciences and social sciences, both of which are equally important. The Institute of International Law of Wuhan University needs to increase investment, especially in books and materials. In addition, do not engage in egalitarianism in postgraduate enrollment. It should be based on the needs of the country, the strength of teachers, the academic level and the infrastructure, and focus on the national key bases for humanities and social sciences, such as the Institute of International Law of Wuhan University, and the national key discipline. The three branches of international public law, international private law and international economic law must be developed. The most important thing at present is to strengthen the teaching and research of the WTO law. China needs high, precise and sophisticated talents in the WTO law. It is suggested that our law school should open the "World Trade Organization Law" as a compulsory course. More people should study the WTO law. The international legal scholars in China should seize the opportunity of "China's accession to the WTO" and vigorously develop international law. Thirdly, as for the teaching of international law, it is an important part of legal education which has made great progress in the past 20 years. However, there must be some adjustments in the curriculum. Some new courses should be added, and the knowledge should be broadened as much as possible. Add some basic courses, such as logic, sociology, political science, and economics. It is necessary to pay attention to foreign languages, English should be well mastered, computers should be learned, Chinese should be strengthened, and those who read the law should pay more attention to the ability to control language. To increase elective courses, political classes should be properly adjusted, and should be adjusted in a small amount. In terms of quantity, quality should be high, and some political courses should be combined into one course. In short, legal education should be strengthened. The content should be updated, the teaching methods should be improved, and the theory should be truly linked to reality. In the 1950s, I wrote an article about "promoting case teaching methods." It is not only from principles to principles, from concepts to concepts, but also to case teaching. The School of Law is now experimenting with the "Legal Clinic Teaching Method". This is a good start. Only the combination of case teaching and systematic teaching can make the teaching activities of international law have flesh and blood, lively and lively. International law is constantly evolving as society progresses, and the international law curriculum system should be adjusted accordingly. We must dare to innovate constantly, we must not be complacent, we must be bold, we must be quick, we must be good at seizing the opportunities, and we must pay attention to cultivating the complex legal talents that the society needs urgently. In this respect, we have some good experiences in Wuhan University, such as the establishment of the Institute of International Law and the Institute of Environmental Law and its development into the Humanities and Social Sciences Research Base of the Ministry of Education. We must carry forward these successful experiences. Fourth, regarding the urgently needed research on international jurisprudence in the 21st century, I personally think that there are mainly issues such as "human rights above sovereignty" and "humanitarian interference" proposed by the United States and other countries, and the reform of the United Nations and other international organizations, reasonable and fair international legal order, global governance and the rule of law in the international community, Internet challenges to international law (such as jurisdiction), economic globalization and WTO law, law and practice of international judicial and arbitration institutions, implementation and supervision of international law, the inheritance and innovation of national sovereignty and international legal theory, the use of laws and policies of international law by countries, and so on. Chinese international law scholars should make serious, in-depth, and scientific research on these topics from the theory and practice of international law. In the research work, we must pay attention to our own international law practice and cultural characteristics, but also pay full attention to the international law activities and world cultural diversity of other countries and international organizations. Translation The introduction of foreign (especially Western) international law works well, but it is important to pay attention to quality, and more importantly, to create international legal works that truly embody the characteristics of Chinese civilization. In terms of research methods, we must pay attention to the characteristics of legal research methods, but also be good at learning and applying multidisciplinary methods. When discussing the innovation of the methodology of international jurisprudence, it is especially necessary to strengthen comparative law research and empirical analysis.
Question: Mr. Han, at present, we have entered the 21st century, what hopes and advice do you have for young and middle-aged people in the teaching and research of international law in China so that they can grow up healthily?
A: International jurisprudence is an exotic product. An important task of our generation in the 20th century is to introduce international law to China. The main task of Chinese international law scholars in the 21st century is to study how China can better use international law. This task is mainly based on the young and middle-aged people who are now. Young and middle-aged people are the backbone of China's international law teaching and research. I hope that among them there will be a group of world-class talents and experts in international law who will be able to do the work of the international judicial and other legal organs in the world and basically solve the problem of the lack of world-recognized experts in international law. I hope they are open-minded, solid, diligent and innovative.