The Discourse and Practice of Sovereignty in the People's Republic of China
The Discourse and Practice of Sovereignty in the People's Republic of China

Author: Sow Keat Tok

Publisher:

Published: 2011

Total Pages:

ISBN-13:

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This dissertation has two objectives: one, to dispel the "myth" and assumption that China holds on to an "absolute" view of sovereignty, and has arguably acted in accordance to this view; and two, to forward an alternative view of sovereignty as seen through Beijing's eyes. This dissertation argues that China's sovereignty is one which flexibly accommodates, at times voluntarily concedes, different mix of de facto rights according to each respective context and issue. This is attributed to China's historical experiences with the concept, as well as its discourses. When "sovereignty" was introduced into Chinese thinking, the result is a "view" of sovereignty which juxtaposed Chinese previous understanding of "supreme authority" with an interpretation of the Western concept of sovereignty. "Sovereignty," in this view, is essentially a de jure construct as its de facto component (or "right of governance") is purposely and effectively detached from the concept to serve the political needs of the regime. It thus approximates one grounded on graded rings of sovereignty, where authority emanates from the core, but each "level of sovereignty" is entrusted to exercise different "right of governance." As long as no overt challenge is posed to the idea that a single, de jure sovereignty-- more specifically understood as a nominal "supreme authority" --resides in Beijing, this Chinese view of sovereignty is upheld. A "light" constructivist approach which explores the relationship between norms, ideational structures, agency and "discursive formations" is applied to the case studies of Hong Kong (and Macao) and Taiwan to support the arguments in this dissertation. Chinese discourses on "sovereignty" were examined in details through analysing a large sample size of Chinese academic writings from 1980 till 2008, in addition to policy documents and announced official positions of the Chinese leadership. This is further augmented by analyses of Beijing's policy behaviours towards, in particular, Hong Kong's autonomy and Taiwan's international space.

Human rights violation in China
Human rights violation in China

Author: Talat Chaudhary

Publisher: GRIN Verlag

Published: 2021-01-29

Total Pages: 23

ISBN-13: 3346337421

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Academic Paper from the year 2020 in the subject Politics - Topic: Public International Law and Human Rights, , course: Law, language: English, abstract: Human rights, a concept deeply ingrained in global discourse, serves as a cornerstone for evaluating the ethical foundations of societies and their treatment of individuals. This paper delves into the discourse surrounding human rights in the context of the People's Republic of China (PRC), exploring the historical evolution, ideological shifts, and incidents that have shaped its trajectory. While international attention on human rights violations in China has intensified over the years, the Chinese government's stance, rooted in notions of sovereignty and socialist principles, has presented a complex narrative. The paper unfolds chronologically, navigating through key milestones in China's human rights discourse. The Democracy Wall Movement in 1978-1979 and the Tiananmen Square protests of 1989 serve as pivotal moments that challenged the official stance on human rights, leading to international condemnation. The paper scrutinizes China's engagement with the United Nations, its signing and ratification of human rights conventions in the 1980s, and the subsequent realities that questioned the alignment of rhetoric with practice. China's approach to human rights is shaped by a unique blend of socialist ideology and historical context. The prioritization of economic and social rights over political rights, as articulated in official white papers, reflects a distinct emphasis on collective well-being. The paper critically examines China's assertion that the right to subsistence is the paramount human right, portraying human rights as a noble goal pursued by the state rather than a stringent set of obligations. Despite China's active involvement in international human rights frameworks, incidents such as the Tiananmen Square massacre expose a stark contrast between rhetoric and reality. The invocation of sovereignty as a shield against international criticism, a principle rooted in China's historical struggle for autonomy, adds layers of complexity to the discourse. This paper aims to unravel the intricacies of China's stance on human rights, examining the ideological underpinnings, historical developments, and the dissonance between rhetoric and actions. In subsequent sections, we will delve into specific incidents of human rights violations, shedding light on the challenges and contradictions that define the contemporary discourse on human rights in China.

Sovereignty in China
Sovereignty in China

Author: Maria Adele Carrai

Publisher: Cambridge University Press

Published: 2019-08

Total Pages: 301

ISBN-13: 1108474195

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This book provides a comprehensive history of the emergence and the formation of the concept of sovereignty in China from the year 1840 to the present. It contributes to broadening the history of modern China by looking at the way the notion of sovereignty was gradually articulated by key Chinese intellectuals, diplomats and political figures in the unfolding of the history of international law in China, rehabilitates Chinese agency, and shows how China challenged Western Eurocentric assumptions about the progress of international law. It puts the history of international law in a global perspective, interrogating the widely-held belief of international law as universal order and exploring the ways in which its history is closely anchored to a European experience that fails to take into account how the encounter with other non-European realities has influenced its formation.

Beyond History and Sovereignty
Beyond History and Sovereignty

Author: Wim Muller

Publisher:

Published: 2013

Total Pages: 347

ISBN-13:

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Since the beginning of its 'reform and opening up' policy in 1978, the People's Republic of China has grown into a major power in international relations. This thesis explores the implications of this development for public international law, which itself has grown and undergone structural changes since the end of the Second World War. The number of actors has grown, the place of the individual has been enhanced and efforts have been made towards the development of normative hierarchy and in the views of some even constitutionalisation. Yet the PRC has retained an outlook firmly rooted in the concept of state sovereignty, emphasising non-interference and equality of states. This approach stems from the history of China's encounter with the international legal order in the nineteenth century, when its own sinocentric world order fell victim to its violent encounter with western international law. The current international legal order still retains traces of the legacy of imperialism, although international law has also served as a vehicle for the realisation of the humanitarian ideals of its practitioners and participants. In China's sovereigntist approach to international law, the rhetoric and the interests of the developing world play a major role, as China tries to combine the sometimes contradictory roles of a 'responsible great power' on the one hand, and leading developing nation on the other. This thesis analyses its practice in international human rights law, the law of armed conflict, international criminal law, and various areas related to international peace and security, at normative levels from general political and diplomatic discourse to the acceptance and interpretation of positive law. This analysis demonstrates that China brings a welcome alternative voice to a still western-centric international legal system. Its defensive adherence to sovereignty, however, creates the risk of normative erosion or dilution in various areas in which it claims to have accepted existing international norms. China is not yet a creator of new norms, but has grown very adept at modifying and reshaping existing norms, both legal and societal, to bring them more in line with its preferences. This presents both challenges and opportunities.

Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development
Furthering the Frontiers of International Law: Sovereignty, Human Rights, Sustainable Development

Author: Niels M. Blokker

Publisher: BRILL

Published: 2021-07-19

Total Pages: 494

ISBN-13: 9004459898

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This rich collection focuses on the broad research interests of Professor Nico Schrijver, in whose honour it was created. Written by a wide range of international scholars affiliated with Leiden University's Grotius Centre for International Legal Studies, the essays reflect Professor Schrijver's important contribution to academia and practice, particularly in the fields of sovereignty, human rights and sustainable development. The authors aim to reflect on changes in international law and on new developments in the diverse fields they explore. "Furthering frontiers" is the research theme of the Grotius Centre. Its exploration in this thought-provoking volume is a fitting homage to Nico Schrijver's achievements on the occasion of his retirement as Chair of Public International Law of Leiden University.

Political Warfare
Political Warfare

Author: Kerry K. Gershaneck

Publisher: Independently Published

Published: 2020

Total Pages: 0

ISBN-13:

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"Political Warfare provides a well-researched and wide-ranging overview of the nature of the People's Republic of China (PRC) threat and the political warfare strategies, doctrines, and operational practices used by the Chinese Communist Party (CCP). The author offers detailed and illuminating case studies of PRC political warfare operations designed to undermine Thailand, a U.S. treaty ally, and Taiwan, a close friend"--

Re-envisioning Sovereignty
Re-envisioning Sovereignty

Author: Trudy Jacobsen

Publisher: Routledge

Published: 2016-04-08

Total Pages: 392

ISBN-13: 1317069706

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Sovereignty, as a concept, is in a state of flux. In the course of the last century, traditional meanings have been worn away while the limitations of sovereignty have been altered as transnational issues compete with domestic concerns for precedence. This volume presents an interdisciplinary analysis of conceptions of sovereignty. Divided into six overarching elements, it explores a wide range of issues that have altered the theory and practice of state sovereignty, such as: human rights and the use of force for human protection purposes, norms relating to governance, the war on terror, economic globalization, the natural environment and changes in strategic thinking. The authors are acknowledged experts in their respective areas, and discuss the contemporary meaning and relevance of sovereignty and how it relates to the constitution of international order.

The Final Years of British Hong Kong
The Final Years of British Hong Kong

Author: J. Flowerdew

Publisher: Springer

Published: 1998-02-12

Total Pages: 274

ISBN-13: 1349261351

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This book critically reviews the British experience in Hong Kong with special emphasis on the tenure of the last governor, Chris Patten, and the discourse he used in guiding the transfer of sovereignty to China. While the People's Republic of China proclaimed the recovery of Hong Kong to be just retribution for a century and a half of national shame under British rule, Patten, as the spokesperson for the British, was concerned that Britain's exit from its last significant colony should be an honourable one.

Understanding China's Political System
Understanding China's Political System

Author: Susan Lawrence

Publisher: Createspace Independent Publishing Platform

Published: 2012-05-10

Total Pages: 38

ISBN-13: 9781477566725

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This report is designed to provide Congress with a perspective on the contemporary political system of China, the only Communist Party-led authoritarian state in the G-20 grouping of major economies. China's Communist Party dominates state and society in China, is committed to maintaining a permanent monopoly on power, and is intolerant of those who question its right to rule. Nonetheless, analysts consider China's political system to be neither monolithic nor rigidly hierarchical. Jockeying among leaders and institutions representing different sets of interests is common at every level of the system.

The New Sovereignty
The New Sovereignty

Author: Abram Chayes

Publisher: Harvard University Press

Published: 1998-10-01

Total Pages: 440

ISBN-13: 9780674617834

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In an increasingly complex and interdependent world, states resort to a bewildering array of regulatory agreements to deal with problems as disparate as climate change, nuclear proliferation, international trade, satellite communications, species destruction, and intellectual property. In such a system, there must be some means of ensuring reasonably reliable performance of treaty obligations. The standard approach to this problem, by academics and politicians alike, is a search for treaties with "teeth"--military or economic sanctions to deter and punish violation. The New Sovereignty argues that this approach is misconceived. Cases of coercive enforcement are rare, and sanctions are too costly and difficult to mobilize to be a reliable enforcement tool. As an alternative to this "enforcement" model, the authors propose a "managerial" model of treaty compliance. It relies on the elaboration and application of treaty norms in a continuing dialogue between the parties--international officials and nongovernmental organizations--that generates pressure to resolve problems of noncompliance. In the process, the norms and practices of the regime themselves evolve and develop. The authors take a broad look at treaties in many different areas: arms control, human rights, labor, the environment, monetary policy, and trade. The extraordinary wealth of examples includes the Iran airbus shootdown, Libya's suit against Great Britain and the United States in the Lockerbie case, the war in Bosnia, and Iraq after the Gulf War. The authors conclude that sovereignty--the status of a recognized actor in the international system--requires membership in good standing in the organizations and regimes through which the world manages its common affairs. This requirement turns out to be the major pressure for compliance with treaty obligations. This book will be an invaluable resource and casebook for scholars, policymakers, international public servants, lawyers, and corporate executives.