Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Euro-American human rights scholarship has depicted an over-simplified account of China's human rights issues that emphasizes a confrontational nature of Sino-Western dialogue on human rights. But a picture of an unyielding and nationalistic China inevitably leaves out the story of a rapidly evolving China that has certainly been locked in an irreversible path of development of market-oriented economy, which calls for deeper and more comprehensive reform in her political structure. China needs a head-to-toe reform in executive, legislative and judicial branches that facilitates further economic growth and maintains social stability. Unprecedented challenges require brand new solutions, and stability must be sustained through change. China has to learn from countries, IGOs, and NGOs familiar with the principles of liberal democracy that correspond to a market-oriented economy. China has realized and steadily addressed that need, especially after her accession into WTO. And her recognition of those challenges reflects a sense of rising self-confidence about her survival and prosperity in the near future. Acknowledging the constantly creative tension between economic development and corresponding legal-political structure would help us better understand human rights and democracy in today?s China without uncritically endorsing Chinese government?s developmentalist argument. Although Western countries have failed in almost every attempt at the annual meeting of UN Human Rights Commission to raise concerns about China?s human rights condition, and Beijing?s compromises in response to international human rights protest during the 1990s were at best passive, tactical, and sporadic, international socialization efforts have undergone through alternative channels and approaches: bilateral human rights dialogues, cooperation projects of judicial reform, official or non-official assistance in codifying new laws, programs of legal scholar/practitioner exchange, etc. On another front is establishment of transnational linkages between China?s grassroots NGOs (not those sponsored by government) and their foreign/international counterparts in various issue-areas, like environmental protection, gender, HIV/AIDS, education, cultural activities (Morton 2005). Quantity and quality of these dialogues and cooperative projects have grown exponentially after China?s accession to WTO in 1999.However, projects of China?s legal-judicial reform based upon Sino-Western communication and cooperation have only recently become an object and interest of Western scholarship. We have learned that China?s recalcitrant attitude has prompted Western countries, IGOs and non-governmental advocacy organizations to shift their approach from public shaming and multilateral pressure to bilateral dialogue and selective cooperation. But we are not sure what factors caused an accelerated, booming Sino-Western communication and cooperation on human rights issues since the late 1990s. Could it be attributed to a changed and softened approach of socialization efforts? Is it due to a growing degree of interdependence between China and the World economy, especially when China was working on her WTO membership? Or maybe an updated perception of Chinese leadership concerning international socialization efforts has created a more conciliatory environment that made cooperation and joint projects easier. These questions have been rarely visited. Furthermore, not only do we know so little about which countries, which IGOs, and which NGOs/Foundations have been involved in what projects at which level, and who their Chinese counterparts are, but we also lack a probe into the efficacy of Western engagement in China?s legal-judicial reform: how much, and in what aspect, has Sino-Western human rights dialogue and cooperation influenced China?s legal-judicial reform? Have at least some Western proposals and advices been incorporated into those newly codified or re-written laws? These questions should be worth my pursuing in order to have a better grasp on the extent to which China has embraced international socialization efforts.