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Series:

Guofu Liu

Understanding Chinese refugee law is difficult for those outside China or unfamiliar with it due to the complex factors involved. Chinese Refugee Law offers a comprehensive, up-to-date, and readily accessible reference to Chinese refugee law. It focuses first on existing laws and practices relating to refugees in China, then offering a scholar's proposal for a law to handle with refugee affairs and implement the Convention Relating to the Status of Refugees. The book provides the detail, insight and background information needed to understand this complex area of law. It examines both existing Chinese statutes and relevant international documents, drawing on and comparing Chinese and English language sources. It is thus an invaluable resource for both Chinese and non-Chinese readers alike.

The Asian Yearbook of Human Rights and Humanitarian Law

Volume 3, 2019, Law, Gender and Sexuality

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Edited by Javaid Rehman, Ayesha Shahid and Steve Foster

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.

The focused theme of Volume 3 is Law, Gender and Sexuality.

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Lyu Ning and Wang Xigen

Abstract

Coordinated regional development is a protracted, complex and arduous process. Its route choice relying on the legalization of its process and the authorization of its development patterns. Therefore, the realization of a regional development right requires a strong guarantee of the legal system. The construction of this legal system first needs clarification of some basic principles in order to provide guidance for making relevant laws. These include four main principles: interest balancing principle, the principle of social justice, the principle of double standards, and the power active principle.

China’s Theoretical Innovation and Practical Contribution to the Right to Development

In Commemoration of the Thirtieth Anniversary of the United Nations Declaration on the Right to Development

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Wang Xigen

Abstract

The power of discourse over the right to development is the basis for value consensus and practical effect of the right to development. Over the three decades since the adoption of the United Nations Declaration on the Right to Development, China has developed an innovative discourse system for the right to development and the practices for this right, and contributed a series of original concepts, new propositions and new ideas to this right, which may be generally summarized as ten major aspects: in terms of orientation, the right to development is taken as a primary fundamental human right; in terms of nature, the right to development is an essential requirement of socialism; in terms of strategy, the right to development is implemented by the strategy that “development is the primary task”, “development is the top priority”; in terms of content, the right to development is integrated into the comprehensive process of construction of economy, politics, culture, society and ecological conservation; in terms of concept, people’s equal rights to participation and development have been proposed by the Chinese government; in terms of principle, people-centered orientation of development is the core principle to guide the practice of the right to development; in terms of steps, the right to development has been put into the context of the “Chinese dream” for the great revitalization of the Chinese nation; in terms of focus, the right to development can be implemented by distributive justice especially a fair social security and wealth distribution system; in terms of methodology, the rule of law is a compulsory measure to promote the right to development; in terms of ideas, we should guide the right to development by an innovative, coordinated, environmentally friendly, open and sharing outlook on development.

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Zhu Liyu

Abstract

As a global jurisprudential movement rooted in the US policy circle and legal academia, there is growing evidence that law and development in the 21st century is beginning to transform from a “movement” to a “field”. The main purpose of this chapter is to elaborate on four sub-fields of today’s law and development. As an applied field, aid-funded law and development policy is a by-product of the Western rule of law promotional industry and aims at exporting rule of law assistance programs to recipient countries. As a scholarly field, the intellectual styles of the law and development movement consist of mixed characteristics of policy action, scholarly autonomy, theoretical construction and scientific inquiry. As an academic field, interdisciplinary-based law and development studies encompass a wide range of subtopics relating to the issues of economic, political and social development from both macro and micro perspectives. As a scientific field, fact-based law and development research involves the legal indicators movement, the rule of law assessment movement and the diffusion of legal knowledge. The key purpose of this chapter is to appeal to law and development scholars in the Global South to join hands and make efforts to explore context-sensitive local legal knowledge, by first concentrating on the new right to development under the policy support of UN post-2015 Development Agenda.

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Li Erping and Yao Yunsong

Abstract

The Belt and Road Initiative is an important contribution to both the theory and the practice of the right to development. Since China’s reform and opening up, the Chinese government has put the right to life and the right to development as the priority of human rights over other rights, and this has greatly facilitated the rapid economic development in China. Nowadays, the Belt and Road Initiative has linked those countries along the road to “a Community of Shared Future”. Countries within this Community not only enjoy the right to development with relevant responsibilities, rights and benefits, but they also enjoy the win-win cooperation of the right to development as well. Therefore, the Belt and Road Initiative enriches the Declaration on the Right to Development adopted by the United Nations, meanwhile the “Community of Shared Future” consisting of related nations will become an entity with a high profile to boost the right to development.

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Tom Zwart

Abstract

As the first successful joint action undertaken by the Global South at the international level in the area of human rights, the Declaration on the Right to Development can serve as a source of inspiration for drafting a Comprehensive Southern Vision on Human Rights. The drafters will have the Universal Declaration of Human Rights (udhr) to fall back on. The udhr is a “people’s charter” aimed at applying human rights in people-to-people relations. As a combination of different world views, it is meant to appeal to people from different backgrounds. It includes multiple human rights approaches, including community-oriented ones, and calls for relying on the local political, social and cultural context. It allows rights to be implemented through formal as well as social institutions, and puts duties on a par with rights. The following elements could be included in the document: the need to rely on culture, customary law, and morality; the need to respect subsidiarity and non-interference; the importance of collective rights; the recognition that the right to subsistence and development are paramount rights; the acknowledgement that rights and duties complement each other; and the acceptance that human rights need to be implemented within their local political, social and cultural context.

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Li Hongbo

Abstract

The right to development and the right to the environment are both third-generation rights, closely related to human development and world peace. For developing countries, there is a de facto conflict between development and the environment, which leads to serious consequences. To coordinate development and the environment, countries take the path of sustainable development and realize environmental protection and ecological balance while promoting economic growth.

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He Zhipeng

Abstract

The significance of including development in the spectrum of human rights lies in the fact that the notion of human rights is thus expanded, instead of being limited only to Western philosophical exploration and political experiments. Moreover, in practice, such newly added elements to human rights may correct the traditional idea in some states that the only correct version of human rights is political freedom; and those states that performed not so well in such freedoms should be criticized or even punished. When adopting a developing perspective of human rights, more tolerance and cooperation may be expected in international politics.