CHINA & INTERNATIONAL HUMAN RIGHT LAW - A TIGHT DEB

PRESENTATION

CHINA & INTERNATIONAL HUMAN RIGHT LAW

une nouvelle génération d'historiennes

中法联盟 Sino-French allianceby 蒲润琳 & Raniya

INTRODUCTION

INDEX

MAIN PROBLEMATIC

II. ECONOMIC DEVELOPMENT AS A PRIMARY HUMAN RIGHT

I. SOVEREIGNTY AS A CARDINAL PRINCIPLE AND BASIS OF THE CHINESE APPROACH

A PRIMACY OF THE RIGHTS TO LIVELIHOOD AND DEVELOPMENT

A HISTORICAL ANCHORING AND DISTRUST OF INTERFERENCE

B PROMOTION OF NEW CONCEPTS AND COOPERATION

B DENIAL OF INTERNATIONAL JUDICIAL SUPERVISION AND SELECTIVE ADAPTATION

III. COMPARISON WITH THE WESTERN VISION: TENSIONS AND REINTERPRETATIONS

A HIERARCHY OF RIGHTS VS. INDIVISIBILITY

B "POLITICIZATION" AND "DOUBLE STANDARD" VS. DIALOGUE AND COOPERATION

CONCLUSION

INTRODUCTION

DEFINTION

International human rights law (IHRL) is defined as a series of international treaties, customary law, and principles dedicated to promoting and protecting the basic rights and freedoms of individuals. Revolutionary process in international law, transforming the "individual" from a mere appendage of the state into a subject of concern within the international legal system.

IHRL is described as a dynamic, politically driven process. -It is an arena for struggle and an essential tool, whose strengths and weaknesses are inherently tied to its political nature.

THE ROOTS OF IHRL - Fragmented and Selective

Before 1940s: International law primarily regulated states; individual rights were domestic matters Two schools of thought: 'Closed club' of sovereign states vs. 'Open and dynamic system'. Post-WWI: Growing consensus for individuals as limited subjects of international law. Signing of treaties and emerging recognition of individual status.

THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHT LAW

Origins and Foundation

Challenges and Evolution of the New Era

Institutionalization and Codification

Birth and Framework Establishment

Deepening and Expansion

BEFORE 1945

1945

1948

1966

from 1970s

from 1990s

CONTEMPORARY

The rise of international criminal justice (Rwanda Tribunal, International Criminal Court)

The United Nations Charter establishes human rights as a matter of international concern

The birth of the first universal human rights program: the Universal Declaration of Human Rights

Through 2 core conventions: the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights

Establish UN human rights bodies to focus on specific groups and issues (women, children, anti-torture, etc.)

Facing new challenges such as the digital age, counter-terrorism, and climate change

Ideas and Sporadic Practice: Natural Rights Thought and Minority Protection

POST WAR DEVELOPMENTS & THE R2P CONCEPT

Rapid development of IHRL after World War II. Emergence of the 'Responsibility to Protect' (R2P): state sovereignty implies responsibility. International community's responsibility to intervene in grave human rights violations. New challenges: ineffective enforcement, conflict between great power politics, sovereignty, and human rights protection.

MAIN PROBLEMATIC

HOW DOES CHINA'S RESOLUTE ASSERTION OF STATE SOVEREIGNTY AND ITS DISTINCT DEVELOPMENT MODEL CHALLENGE TEND TO RESHAPE THE UNIVERSAL APPLICATION OF INTERNATIONAL HUMAN RIGHTS LAW ?

HOW CHINA, AS A MAJOR PLAYER IN THE INTERNATIONAL ARENA, INTERPRETS, IMPLEMENTS, AND SEEKS TO SHAPE INTERNATIONAL HUMAN RIGHTS LAW, FOCUSING ON THREE FUNDAMENTAL PILLARS OF ITS PHILOSOPHY

I. SOVEREIGNTY AS A CARDINAL PRINCIPLE AND BASIS OF THE CHINESE APPROACH

A. HISTORICAL ANCHORING AND DISTRUST OF INTERFERENCE

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B. DENIAL OF INTERNATIONAL JUDICIAL SUPERVISION AND SELECTIVE ADAPTATION

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HISTORICAL ANCHORING AND DISTRUST OF INTERFERENCE

PRINCIPLES OF PEACEFUL COEXISTENCE

- Sovereignty is a cardinal principle, rooted in its collective memory and political philosophy - From mid-19th to the mid-20th century : the “Century of Humiliation,” marked by Western and Japanese imperialism - Deep-seated distrust of international law and universalist norms - The defense of sovereignty is not merely a political stance it is perceived as a historical imperative

DENIAL OF INTERNATIONAL JUDICIAL SUPERVISION AND SELECTIVE ADAPTATION

• "Legislatively led" implementation model: China does not adopt the direct application of international treaties. Instead, treaty provisions must first be transformed into specific national legal rules through domestic legislative activities (laws, administrative regulations, judicial interpretations) before they can be applied. This two-tier system provides state control over the application of international standards

• Denial of International Judicial Supervision and Selective Adaptation
• -Strategic Detachment: China maintains a "strategic detachment" from international quasi-judicial human rights mechanisms

China's main approach to the transformation of international law into national legislation

1. Direct legislative adoption

3. Amend existing laws

2. Develop supporting laws and regulations

By revising the current laws to align their provisions with the international obligations assumed by China. This is the most common and frequent form of transformation.

After China ratifies an international convention, if existing domestic laws cannot fully meet the convention's requirements, the legislature will enact new specialized laws or administrative regulations to establish a complete legal framework needed to fulfill the convention.

For certain international treaties that are highly technical and specialized, China's legislative bodies may incorporate their content in full or substantial parts directly into domestic law through specific laws or regulations.

Typical example:Revision of the Environmental Protection Law: The comprehensive revision in 2014 incorporated many advanced concepts and principles from international environmental law, such as 'protection first, prevention foremost,' in order to fulfill China's obligations under various international environmental treaties.

A typical example: After China joined the WTO, in order to fulfill its commitments, it systematically revised and repealed a large number of laws, regulations, and departmental rules that were inconsistent with WTO rules, and enacted new regulations such as the "Safeguard Measures Regulations," turning the rules in the WTO agreements into domestic law.

Typical examples:"Law of the People's Republic of China on the Procedures for Concluding Treaties": Regulates the domestic procedures for concluding international treaties."Extradition Law of the People's Republic of China": Provides a domestic legal basis for implementing international criminal justice cooperation treaties.

II. ECONOMIC DEVELOPMENT AS A PRIMARY HUMAN RIGHT

A. PRIMACY OF THE RIGHTS TO LIVELIHOOD AND DEVELOPMENT

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B. PROMOTION OF NEW CONCEPTS AND COOPERATION

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PRIMACY OF THE RIGHTS TO LIVELIHOOD AND DEVELOPMENT

Concrete Achievements as Human Rights Contribution : China highlights "historic accomplishments in socio-economic development" as its greatest human rights contribution.

China's "Historical and Developmental" Concept : Human rights are framed through a "historical and developmental" concept, where economic progress determines the scope of rights.

Foundation of Peace and Rights : Peace thrives only where people are safe, nourished, and free — when humanity’s basic rights are not a privilege but a promise kept.

PROMOTION OF NEW CONCEPTS AND COOPERATION

Community with a Shared Future for Mankind" (CSFM):

This ambitious concept, enshrined in the Chinese Constitution in 2018, is a vision for a revised global governance system, focused on peace, inclusive development, and ecological civilization. The aim is to reach a "normative consensus" on global problems (poverty, climate, human security) rather than debating political ideologies and human rights

III. COMPARISON WITH THE WESTERN VISION: TENSIONS AND REINTERPRETATIONS

A. HIERARCHY OF RIGHTS VS. INDIVISIBILITY

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B. "POLITICIZATION" AND "DOUBLE STANDARD" VS. DIALOGUE AND COOPERATION

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HIERARCHY OF RIGHTS VS. INDIVISIBILITY

“To deny people their human rights is to challenge their very humanity.”

NELSON MANDELA

"Western Vision: Indivisibility of rights (civil, political, economic, social) – all interdependent.Chinese Critique: Western 'accent' on civil/political rights; calls for 'equal importance' for all categories. Chinese Universality: 'Universality, but not uniformity' – adaptation to national conditions. Rights and Obligations: Art. 29 UDHR – rights are not absolute, accompanied by duties to the community.

European Contrast: Extraterritorial application of European Court of Human Rights (Al-Skeini), superiority of international law (French model)."

HIERARCHY OF RIGHTS VS. INDIVISIBILITY

LIST/PROCESSES

"-Contextualized" universalism: rights are universal, but their implementation must depend on national conditions and the level of development-Existence of a functional hierarchy: priority given to economic and social rights (development, stability, poverty reduction) over civil and political rights -Emphasis on collective well-being, social stability, economic development, improvement of living conditions -Rights inseparable from duties towards the community: freedoms may be limited to preserve public order / collective interests -Sovereignist vision: human rights fall under national jurisdiction -Rejection of any external interference or international supervision deemed contrary to sovereignty -Primacy of domestic law and national sovereignty: the international order must respect "national characteristics" and non-interference -Economic development is a prerequisite for the effective enjoyment of human rights -Rejection of external binding mechanisms: preference for bilateral dialogue and cooperation, not judicial coercion -China accuses the West of politicizing human rights, imposing double standards, and neglecting economic and social rights -Promotion of a dialogue of cooperation, not interference, focused on mutual respect and common development

-Strong universalism: Human rights are universal, interconnected, and must be protected everywhere and for everyone -Principle of indivisibility and interdependence: All rights (civil, political, economic, social, cultural) have equal value and must be guaranteed simultaneously -Emphasis on individual freedoms, democracy, the rule of law, and political participation -Individual rights are central; restrictions can only be limited and proportionate -"Post-sovereign" vision: States have international obligations that can apply beyond their borders (Al-Skeini v. the United Kingdom, ECHR, 2011) -Relative primacy of international law: In several European states (e.g., France), international treaties take precedence over national laws -Human rights are both an objective and a framework for development -Acceptance of international judicial review (European Court of Human Rights) -The West accuses China of violating fundamental civil and political rights (freedom of expression, political pluralism) -Promotion of a normative and binding dialogue, based on universal standards

HIERARCHY OF RIGHTS VS. INDIVISIBILITY

China's "Universality, but not Uniformity": Acknowledges universal human rights but stresses that implementation must reflect national conditions and people's needs, granting states wide discretion. Rights and Obligations: China insists rights are accompanied by duties to the community, justifying restrictions on individual freedoms for collective interest and public order.

Article 29 - the Universal Declaration of Human Rights 1. Every individual has duties to the community, in which alone the free and full development of his or her personality is possible. 2. In the exercise of his or her rights and enjoyment of his or her freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order, and the general welfare in a democratic society.

Extraterritoriality and Legal Supremacy: European Vision (e.g., ECHR) : Accepts enlarged responsibility, recognizing extraterritorial application of human rights obligations and often placing international law superior to domestic legislation (e.g., France). China's Stance: Invokes sovereignty to limit external oversight and maintains a position that often diverges from the precedence of international law over sovereignty.

"POLITICIZATION" AND "DOUBLE STANDARD" VS. DIALOGUE AND COOPERATION

Politicization of human rights selectivity& double standards

oppose

Promote cooperation and dialogue rather than confrontation '

support

Politicization of human rights

Core Definition: Refers to using human rights issues as a tool to achieve the political objectives of a particular country or group, rather than genuinely to promote and protect human rights themselves.

Core Definition: When focusing on and criticizing human rights conditions, consciously selecting targets based on political preferences or other criteria, rather than applying impartial and universally applicable principles.

Selective

Core Definition: For fundamentally identical or similar human rights issues, completely different evaluation standards and handling methods are adopted depending on the subjects involved. This is the application and embodiment of 'selectivity' in specific judgments.

Double standard

1 Equal dialogue

China insists that all countries, regardless of their size or strength, should exchange experiences on human rights protection through equal dialogue, and opposes politicizing human rights issues or making groundless accusations against other countries. China actively shares its achievements in human rights development by participating in mechanisms such as the Universal Periodic Review of the United Nations Human Rights Council.

China has always advocated and practiced the principles of dialogue and cooperation in the field of international human rights law, and this stance reflects China's steadfast commitment to the concept of a community with a shared future for mankind.

2 Constructive cooperation

China has acceded to 26 international human rights conventions and earnestly fulfills its obligations under these conventions through legislation, administration, and other measures. At the same time, China conducts various forms of technical cooperation with institutions such as the Office of the United Nations High Commissioner for Human Rights, including inviting special mechanisms to visit China.

3 Oppose double standards

China has always adhered to a just stance, opposing the selective application of human rights standards and the use of human rights as a tool to interfere in the internal affairs of other countries. This principle is systematically elaborated in the "Community of Shared Future for Mankind" white paper released by China in 2023.

4 Global human rights governance

Through initiatives such as the Global Development Initiative and the Global Security Initiative, China has promoted the establishment of a fair and inclusive international human rights governance system. For example, under the framework of South-South cooperation, it helps developing countries improve people's livelihoods and effectively promotes fundamental human rights such as the right to survival and the right to development.

"POLITICIZATION" AND "DOUBLE STANDARD" VS. DIALOGUE AND COOPERATION

Pragmatic strategy:

China believes that only through dialogue and cooperation based on mutual respect can the healthy development of global human rights be effectively promoted. This position has been widely recognized by developing countries and has contributed Chinese wisdom to the improvement of the international human rights system.

China does not seek to overthrow the existing Western-dominated international legal order, but adopts a strategy of "selective support" and "gradual reform" It seeks to reinterpret and correct international law in a more "Chinese" way.

China recalls that international human rights law is not uniquely Western, highlighting the influence of Confucian ethics (via Pengchun Chang) in the incorporation of the "conscience of one's fellow human beings"

OPEN question

Can we build a universal human rights system that respects diversity without sacrificing principle ?

SHARE YOUR OPINION

THANK you all!

谢谢大家 !

SOURCES

• ALSTON Philip, INTERNATIONAL HUMAN RIGHTS
• https://humanrightstextbook.org (free access - leading international human rights textbook) (2024)
• Ruijun Dai China and International Human Rights Law
• IN DE LA RASILLA and CAI (Eds) The Cambridge Handbook of China and International Law 2024
• Binxin Zhang China and International Humanitarian Law in DE LA RASILLA and CAI (Eds) The Cambridge Handbook of China and International Law 2024
• Dinah Shelton, The Oxford Handbook of International Human Rights Law， Oxford University Press（2013）
• Henry J. Steiner, Philip Alston, Ryan Goodman：
• International Human Rights in Context: Law, Politics, Morals
• Audrey Chapman, Sage Russell：International Economic, Social and Cultural Rights
• UN official website - Charter, ECHR official website,Chinese constitution

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Interactive visual communication step by step:

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• Define secondary messages

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• Establish a flow throughout

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Interactive visual communication step by step:

• Plan and structure

your communication.

• Prioritize and give visual weight

to the main points.

• Define secondary messages

with interactivity.

• Establish a flow throughout

the content.

• Measure the results.

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Use graphics in your presentation. Interactive visual communication enhances communication results on any topic and in any context you can imagine. Make numbers turn into stories.

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Use graphics in your presentation. Interactive visual communication enhances communication results on any topic and in any context you can imagine. Make numbers turn into stories.