(This article was published by
Syracuse Journal of International Law and Commerce Fall 2001)



CHINA AND UNIVERSAL HUMAN RIGHTS STANDARDS
(Jiangyu Wang)

Abstract

This article discusses the relationship between the universal human rights standards proposed by the West and the "Chinese value" asserted by China. First it explores the evolution of the universal human rights standards. The author finds that the universal human rights, though basically a Western creation, has become an open concept and it can be construed to accommodate different values of the many nations of the world. Secondly, it examines China's participation in international human rights regime, and analyzes China's arguments and theories in this regard. The author opines that, on one hand, subsistence, sovereign and cultural relativism are not strong defenses for a truly poor human rights record; on the other hand, in promoting universal human rights standards, much attention should be given to a country's cultural distinction, national condition, and development stage. In brief, a subtle balance should be sought. In the final part of this article, the author presents four recommendations for the West and China to deal with each other in terms of human rights protection, of which the most important ones are economic engagement, and cultural and educational exchanges.



Contents

Introduction
Part I. The Evolution of the Universal Human Rights
Part II. China and the International Human Rights Regime
A. PRC'S Participation in International Human Rights Regime before 1989
B. International Pressures and China's Responses After 1989
C. China's Arguments and Theories on the International Protection of Human Rights
1. social and economic rights
2. state sovereignty
3. cultural relativism

Part III. Universal Standards versus Chinese Value: Incorporation and Compromise
Part IV. Recommendations and Conclusion

 

 






 
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