欧洲与中国的人权观差异

在欧中关系中,人权问题最为敏感,分歧最大。在对人权的理解上,双方不仅官方立场存在分歧,而且公众的人权观念也存在重要差异。欧洲人通常认为,更多的人权有助于经济发展,或者经济发展将导致更多的人权,并期望或假设随着中国经济的持续发展,中国人对人权和民主的需要也将不断上升。但是,本文对大量调查数据的分析说明,欧洲人的这种预期是不切实际的。实际上,欧洲与中国有关人权的观念差距可能在日益扩大。     

The highway of Europe and Asia

The Art and Architecture of the Ancient Orient. By Henri Frankfort. The Pelican History of Art. Penguin Books, Harmondsworth, Essex. 1954. Pp. xxvi + 270; 192 plates and 117 figures in the text. Price 42s.

The History and Culture of the Indian People. The Classical Age. By Bharatiya Vidya Bhavan. Bombay: Arthur Probsthain. 1554. Pp. lx + 745, with four maps and 43 plates (two, of Ajanta paintings, in colour).

Malaya, Indonesia, Borneo and the Philippines. By Charles Robequain. Translated by E. D. Laborde. Longmans. 1954. Pp. 456; 15 photographs, 36 maps, bibliography and index. 30s.

Iran. By Professor R. Ghirshman. Translated from the French for the Pelican Series. 1951 (1954, translation). 5s.

A Bibliography of Painting in Islam. By K. A. C. Creswell. (Publications de l'Institut Français d'Archéologie Orientale du Caire : Art Islamique, tome I.) Cairo, 1953.

The Arabian Peninsula. By Richard Sangar. Cornell University Press, Ithaca, New York. 1954. Pp. 296. Ill. $5.

Qataban and Sheba. Exploring Ancient Kingdoms on the Biblical Spice‐routes of Arabia. By Wendell Phillips. Gollancz. 1955. Pp. 335. Ill. Price 21s.

The Old Turkey and the New. From Byzantium to Ankara. By Sir Harry Luke, K.C.M.G., D.Litt. London : Geoffrey Bles. 1955. Pp. 233. 16s.

The Sūfi Path of Love. An Anthology of Sūfism. Compiled by Margaret Smith, D.Lit. Luzac and Co. 1954. Pp. 154. 21s.

The Road to Mecca. By Muhammad Asad. London: Max Reinhardt. 1954. Pp. xiii + 381. Illustrated. 21s.

Danger in Kashmir. By Josef Korbel. With a Foreword by C. W. Nimitz, Fleet Admiral, U.S.N. Princeton (New Jersey) University Press. 1954. Pp. xvi + 351. Two maps drawn by Waldo R. Barton. Oxford University Press, London. $5.

The Life of Lord Roberts. By David James. (Foreword by L. S. Amery, C.H.) London : Hollis and Carter. 1954. 5¾” × 8¾”. Pp. xxiii + 503; Index, 18 maps, 16 illustrations. 30s. net.

Jinnah. By Hector Bolitho. John Murray. London. 1954. Pp. 244. Ill. 18s.

Tibetan Marches. By André Migot. London : Rupert Hart‐Davis. Pp. 288; 40 illustrations; 2 maps. 18s.

South Col. By Wilfrid Noyce. Heinemann. London. 1954. Pp. 303; 40 plates with line drawings and maps. 21s.

Journey by Junk. By Willard Price. Wm. Heinemann Ltd. 1954. Pp. 219 and Index. Illustrated. 18s.

The Indus Civilization. By Sir Mortimer Wheeler. A supplementary volume to the Cambridge History of India. Cambridge University Press. Pp. 95 and xxiv plates of illustrations. 18s.

Iran. By Richard N. Frye. George Allen and Unwin. London. 1954. Pp. 120; 2 sketch‐maps. 7¼” × 4¼”. 8s. 6d.

Al Yemen. A General Social, Political and Economic Survey. By Dr. Gamal‐Eddine Heyworth‐Dunne. Cairo: Renaissance Bookshop. 1952. Pp. X + 118; sketch‐map. 50 piastres.

Report from Malaya. By Vernon Bartlett. Published by Derek Verschoyle. 1954. Pp. 128. Ill. 10s. 6d.

Babylonian and Assyrian Religion. By S. H. Hooke. London: Hutchinson's University Library. 1953. Pp. 128. 8s. 6d.     

China and the International Human Rights Covenants

ABSTRACT

In 1966 the UN passed two International Human Rights Covenants that are among the great achievements of humankind. The covenants were adopted in five equally binding languages, one of which was Chinese. The People's Republic of China (PRC) is generally assumed to have ratified one and signed (but not ratified) the other. In 1973, however, soon after the PRC began representing China in the UN, new Chinese-language versions of each mysteriously came into existence. These are the versions one is likely to find on the UN website, and they are what the Chinese government treats as the “covenants.” The authors of this article show that these contain substantial revisions from the covenants that had been passed by the UN 1966 and subsequently ratified by at least 164 countries. The revised versions are so different, in fact, that one could well question whether the PRC actually embraced either covenant. The covenants granted rights that the revisions would later withdraw, and in at least one case the revisions recognize a right that is absent in the covenants. Based on their comparative analysis of the various versions, the question arises as to whether China is a responsible actor in the international legal order and a reliable partner when it comes to entering into agreements with other countries or acceding to international treaties. Given that China comprises over one-fifth of humanity, it also brings into question whether the principles in the covenants can claim absolute validity and anything like universal acceptance.     

Limits of diaspority in Central Asia: contextualizing Dungan's multiple belongings

This article shows different ways of defining, understanding and performing ‘diaspority’ in the border region of Kordai (Kazakhstan) and Tokmok (Kyrgyzstan). Taking the example of Dungan people, as the Sinophone Muslims are known in Central Asia, both academic and political definitions of the concept of ‘diaspora’ are compared. This ethnographic account problematizes Kazakhstani Shaanxi Dungan ‘diaspority’. Together with this, the political definitions of ‘diaspora’ are also analysed. I show that while in China and Kazakhstan the definitions of the Dungans as a ‘diaspora’ of ‘China’ are somewhat complementary, once the Shaanxi Dungan emic perspective is taken into account, this concept becomes rather problematic. The kinds of diaspority defined by the states involved are ways of implementing particular cultural hegemonies that legitimate the two political regimes analysed in this article. Concurrently, this dual diaspority is used by the Dungan people in distinct ways in defining their own identities. Nevertheless, I show in this article that the ‘Chinese card’ is not necessarily played by all Dungans. Moreover, there are some Dungans for whom ‘Chinese-ness’ is not even relevant.     

Property and Human Rights in Cyprus: The European Court of Human Rights as a Platform of Political Struggle

It has become accepted that, during the Soviet period, Turkey ‘ignored the plight’ of the Crimean Tatars, who were brutally deported to Central Asia by Stalin in 1944. This narrative of Turkish indifference with respect to the Crimean Tatar ‘question’ overlooks a corpus of material that tells something of a different story. This corpus is literary. The Crimean Tatars figured centrally in Pan-Turkist poems and pulp fiction novels as protagonists whose victimization by the Communist regime was represented in order to provoke outrage and action, not silence and passivity. These literary texts seek to elicit in the reader what can be called ‘irredentist solidarity’, a convergence of fellow-feeling that involves a total identification of the Other as the same.     

The Koreans of Japan: An Issue of Human Rights

Abstract

By 1965, Taiwan has changed from a labor surplus economy into a labor shortage economy. This article examines how rising demand for labor due to rapid economic growth in Taiwan has been met since 1965. This article attempts to answer 1) Where did the labor supply come from? 2) Has all of the potential labor supply been tapped and exhausted? 3) Is it possible for labor shortage and unutilized labor reserve to occur simultaneously? The authors hope that this study will lead to a better understanding of the limitation of the free market mechanism and help identify the proper public policies to enhance labor utilization.     

The African Commission on Human and People's Rights and the future African Court of Justice and Human Rights: Comparative lessons from the European Court of Human Rights

This article focuses on two regional human rights systems — the system that exists in Africa and the mechanism that exists within the Council of Europe. It examines the development and specifics of each system to determine what lessons the African Commission and the future African Court of Justice and Human Rights can learn from the European model and its Court of Human Rights. The article also examines what can be learnt from the role of the African Commission on Human and Peoples’ Rights and the role of the present human rights court: the African Court of Human and Peoples' Rights. It examines the strengths and weaknesses of each system and the challenges that exist for each. The article also examines the experience of the European Commission, which is no longer in existence, in addition to European Court on Human Rights, which has taken over the functions of the Commission, to determine what can be drawn from their experiences. Issues examined include the institutional strengths and weaknesses of these bodies, state compliance with the decisions of the human rights institutions and the resources available to these bodies.     

Defining Rights in Democratization: The Argentine Government and Human Rights Organizations, 1983–2003

Defining the rights that must be protected in a democracy is an integral component of the process of democratization. In the case of Argentina, the definition of these rights results partly from important debates between human rights organizations (HROs) and the state. Argentine HROs have framed their demands for state protection of human rights in terms of the need to protect the family. Yet HROs' successes in using international courts as arbiters may be reducing their need to present their demands in this framework.     

认识大国:中国与日本在东南亚的软实力比较研究

软实力大小是由受力国的认识和回应决定的。对外政策、国家治理和文化是衡量一国软实力的三个指标。对外政策具有明显的外向性,能够直接地影响受力国的认识和反应,国家治理和文化则是内源性的,在一定程度上,它们更能反映一国的吸引力。从受力国的角度看,国家治理的软实力不是由占优的要素决定的,相反是由最弱的要素决定的。在东南亚国家看来,中国的文化软实力相比于日本具有明显的优势,但是国家治理和对外政策软实力则稍显不足。中日两国的软实力外交具有各自的优势,在实践中可以相互学习借鉴。     

Protecting Human Rights: The Legitimacy of Judicial System Reforms in EL Salvador

Abstract — Research on democratic transitions in Latin America often ignore the importance of judicial systems — and related institutions — in achieving 'liberal democracy' and effectively safeguarding human rights, as contrasted with the restoration of 'electoral democracy.' This proves especially problematic in the instances of the former military-dominated authoritarian regimes of Central America. This article examines the efforts at judicial system and related reforms in EL Salvador since the 1992 Peace Accords, and relates those reforms to popular perceptions, both of previous institutions and of the institutional reforms and new institutions that have been created as part of the peace-making process. The reported survey research results suggest that the reforms on which liberal democracy in El Salvador depends, while generally viewed positively in the abstract, still rest on shaky foundations.     

The Human Rights State: Justice Within and Beyond Sovereign Nations

The Human Rights State: Justice Within and Beyond Sovereign Nations. By Benjamin Gregg (Philadelphia: University of Pennsylvania Press, 2016). pp.viii + 283. US$59.95 (hb).     

Learning the Limits of Power: Privatization and State-Labor Interactions in Mexico

Despite repeated conflict with organized labor, the government of Carlos Salinas de Gortari (1988–94) pushed an aggressive divestment agenda that transformed Mexico into Latin America's leading privatizer. Explanations of Salinas's achievements typically emphasize centralized presidential power (including control over the ruling party) and autonomy; technocratic and political savvy; and weak labor opposition. This article questions such a pure "capacity-outcome" approach. Of equal importance are the learning effects of repeated interaction between the state and labor, which changed the course of divestment struggles and thereby influenced their outcomes. Lessons learned in successive confrontations led to patterns of interaction conducive to widescale privatization. The article develops this argument through comparative analysis of major divestment episodes in the aviation, mining, steel, and telecommunications sectors.     

地理的不确定性:关于俄罗斯、欧洲和亚洲的四个论题

针对俄罗斯归属于欧洲还是亚洲的问题,传统上公认的解说有:俄罗斯是一个欧洲国家;俄罗斯不同于亚洲;俄罗斯是一个欧亚国家。这些观点各有道理,但需细化。下面几个论题将有助于对俄罗斯属性的进一步认识:1)俄罗斯不仅是一个欧洲国家,而且是一个欧洲帝国。2)激进的欧亚主义者不反对俄罗斯的欧洲性,但反对认为俄罗斯是一个帝国。3)欧亚主义者宣称俄罗斯—欧亚不是亚洲的一个部分。欧亚主义者将欧亚理解为与欧洲或者亚洲完全不同的文明。4)欧亚主义者重新将俄罗斯—欧亚视为一个潜在的殖民地,而俄罗斯的使命是反殖民的领导者。     

论中国在东南亚的软实力

近年来,中国与东南亚国家的关系越来越密切,中国在东南亚的影响也越来越大。这种变化不是靠恐吓和威慑达到,而是通过中国不断增强的软实力来实现的。以东南亚地区为舞台,中国从援助、外交、外贸与投资、机制建设、自由贸易区建设、关税减让、非传统安全合作、教育、留学生交换、中华文化弘扬等方面展示了自己的软实力及其魅力。当这些得到东南亚各国认可,中国的政策和做法得到理解和支持,中国在东南亚的软实力就获得了提升。中国在东南亚地区软实力的提升进一步密切了两者的关系,保证了中国和东南亚的共同安全。