USD $190.00
Self-determination and Minority Rights in China
Series: - Chinese and Comparative Law Series, Volume: 7
Author:
In Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China’s minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China’s ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.
Linzhu Wang, Ph.D. (2014), Lancaster University, is a Lecturer in Law at the School of International Law, Southwest University of Political Science and Law. She has published widely in the field of minority and group rights in different languages.
Introduction 1 Aims and Scope 2 Methodology 3 An Outline of the Book PART 1 Self-determinaion in the Chinese Context 1 The Nation of China 1.1 Pre-modern Chinese Identity 1.2 The Nation of China 1.2.1 Sun Yat-sen and the Nationalism of the Nationalist Party (1) The Republican Era (2) The Nationalist Definition of the Chinese Nation 1.2.2 The Communist Nationalism (1) The Peasant Nationalism (2) The Communist Nation Building: 1949–1978 (3) The Communist Nation Building: 1978 Onwards 1.2.3 The Nation of China 1.3 Sovereignty: China’s Perspective (1) The Imperial Understanding of Sovereignty (2) The Modern Concept of Chinese Sovereignty 1.4 Concluding Remarks 2 China and the Political Principle of Self-determination 2.1 National Self-determination at the Peace Conference of Paris and the Shandong (Shantung) Issue 2.1.1 Conflict in the Former Yugoslavia 2.1.2 Japanese and Chinese Positions 2.1.3 Consequences of the Conference 2.2 Lenin’s Theory of Self-determination and Its Influences upon China 2.2.1 The Nationalist Self-determination 2.2.2 The Cpc and Soviet Self-determination (1) The Pre-Long March Period (1921–1934) (2) The Long March Period (1934–1936) (3) The Anti-Japanese War (1937–1945) (4) The Civil War (1946–1949) 2.3 Concluding Remarks 3 The Right to Self-determination in the Chinese Context 3.1 An Overview of the Right to Self-determination in International Law 3.1.1 Colonial Self-determination 3.1.2 Self-determination in the Post-colonial Era (1) Remedial Secession (2) The Right to Self-determination in the Human Rights Context 3.2 The Question of Tibet 3.2.1 The Background 3.2.2 Resolution 1353 (1959) 3.2.3 Resolution 1723 (1961) 3.2.4 Resolution 2079 (1965) 3.3 Self-determination in the Situation of Hong Kong and Macau 3.3.1 Hong Kong (1) The Origin of the Issue (2) Hong Kong as a Non-self-governing Territory (3) An Exception to the Colonial Self-determination 3.3.2 Macau 3.4 China’s Approach to the Right to Self-determination 3.4.1 Autonomy as a Means of Exercising Internal Self-determination (1) One Country Two Systems (2) Ethnic Territorial Autonomy PART 2 Minority Rights in China 4 The Regional Ethnic Autonomy Regime 4.1 Regions in the
REA
4.1.1 Historical Factors 4.1.2 The Size of Population 4.1.3 Other Factors 4.2 Autonomous Agencies 4.2.1 The Local People’s Congress and Local People’s Government 4.2.2 Minority Representation in Autonomous Agencies (1) Minorities in the People’s Congress and Its Standing Committee (2) Minority Representation in the LPG (3) Political Reality of Minority Representation 4.3 The Definition of Minorities 4.3.1 The Ethnic Identification Project 4.3.2 Problems of the Ethnic Identification Project 4.3.3 International Obligations of China in Relation to Minority Recognition (1)
ICESCR
(2)
ICERD
4.4 The Definition of Indigenous Peoples and Indigenous Situation in China 4.4.1 Criteria for Identifying Indigenous Peoples in International Law (1) Defining “Indigenous” (2) The Meaning of “Peoples” (3) The Definition Advocated by China 4.4.2 The Applicability of the Concept of Indigenous Rights in China (1) The Ilo Convention 169 (2) The African Interpretation 4.4.3 Indigenous Peoples in Taiwan 4.4.4 Indigenous Small-numbered Peoples in Russia (1) The Ewenki Groups (2) The Hezhe Group (3) The Tuvinians 4.5 Concluding Remarks 5 Autonomous Rights under the rea: Legislative and Financial Rights 5.1 Legislative Power of Autonomous Agencies 5.1.1 Legislative Power 5.1.2 Adaptation Power 5.1.3 Adaptive Implementation Power 5.2 Autonomous Financial Power 5.2.1 Financial Rights of Autonomous Regions (1) The Local Government’s Own Revenue—Tax income (2) The Local Government’s Own Revenue—Intergovernmental Transfers (3) The Tax Refund (4) The General Financial Transfer (5) The Special Fund 5.2.2 Financial Autonomy of Sub- provincial Autonomous Units 5.3 Concluding Remarks 6 The Cultural Rights of the Minorities 6.1 China’s International Obligations Concerning Minority Rights 6.1.1 Commitments Under The
ICESCR
6.1.2 State Obligations under the
ICCPR
6.1.3 State Obligations under the
ICERD
6.2 The Rights of the Minorities to Culture under Chinese Law 6.2.1 Freedom of Religious Belief (1) Religious Freedom before the 1980s (2) Religious Freedom in Contemporary China Institutional Religions Minority Belief Systems 6.2.2 The Language Rights of the Minorities (1) Linguistic Planning for the Minorities before the 1980s The Situation of Minority Languages Minority Writing Systems (2) Language Policy in the New Era Legal Provisions on Minority Languages Language Use in Public Service Language Use in Education Language Use in Business and Other Aspects 6.3 Concluding Remarks Conclusion 1 China’s Practice of Self- determination and Minority Rights 2 Prospects for Ethnic Territorial Autonomy in China References
All of those who are interested in China’s human rights record, and anyone concerned with self-determination and minority rights in China.