I had the honor of teaching at the Peking University School of Transnational Law in its inaugural year. The oldest university on mainland China has had a law school for some time, but it decided to establish a unique law school. Offering an American Juris Doctor program, conducted in English, this upstart institution confirms the extent to which the American legal system has become the global standard. A mirror image would be difficult to imagine. Although there are accredited institutions in the United States offering a curriculum in Chinese Traditional Medicine, it is unlikely that a prestigious university here will soon set up a law school on the legal traditions of the PRC.

 

"STL," as it is known, is located on a separate campus in Shenzhen, shared with other universities developing new programs. The location is apt. Shenzhen has become famous: a fishing village across from Hong Kong allowed early on to play with capitalism, it transformed itself into a boom town exemplifying the ambitions of a nation. Development drives everything in the "Special Economic Zone."

 

My students displayed a determination uncommon in most classrooms. They were preparing themselves for a profession that depends on linguistic skill, in a tongue not their own. They were taking on risks that I — an Asian American whose origins are as forgotten as anyone else's who assimilates to the new world — would not dare hazard. They had the utmost confidence in the upward mobility of their society as well as themselves, based as much on hard work as innate talent.

 

In my time overseas, I realized how the rise of China as an economic rival to America will test our commitment to rule of law. It will challenge the openness of the system.

 

STL is symbolic. By creating it, China has shown at least that much interest in participating within a marketplace defined by American norms. More precisely, Chinese professionals who aspire to the highest levels of success have shown their eagerness to be accepted in that environment.

 

Yet eventually my students will decide that they are teachers in their own right. China will expect that it will be able to influence the customs and practices presented as universal and just. Otherwise, they will wonder why they accepted the invitation to join the community of nations.

 

America has presented itself as an exceptional experiment of democracy. The Chinese who come here, becoming Chinese Americans, Asian Americans, or simply Americans, achieve equality, through principles more fulfilled by the day. But I wonder about the Chinese who have no wish to become Chinese Americans, much less Asian Americans, or plain Americans, whether they will be granted rights, as participants able to influence outcomes. Perhaps they will cite the colonials who were galled by taxation without representation, notwithstanding that they are citizens of another sovereign. No matter how the advocate for themselves, we will be forced to consider their claims.

 

I am confident that our ideals will be the better for it.

 

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