Author: Jerome A. Cohen
Publisher: Springer
ISBN: 9811303509
Category : Law
Languages : en
Pages : 692
Book Description
This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.
Taiwan and International Human Rights
Author: Jerome A. Cohen
Publisher: Springer
ISBN: 9811303509
Category : Law
Languages : en
Pages : 692
Book Description
This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.
Publisher: Springer
ISBN: 9811303509
Category : Law
Languages : en
Pages : 692
Book Description
This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.
Political Reform in Taiwan and the International Human Rights Regime
Author: Mab Huang
Publisher: Cambridge Scholars Publishing
ISBN: 1527559130
Category : Law
Languages : en
Pages : 162
Book Description
This collection of essays brings together several papers published by the author in the past 45 years, arranged chronologically, so the reader will follow the unfolding development of the author’s thinking on the issues discussed here. The essays primarily investigate the political reform promoted by intellectuals and the professional classes in Taiwan beginning in the 1970s and the introduction of a national human rights commission in the 1990s. The latter is here analysed under three headings: the creation of a national human rights commission; the drafting and review by foreign experts of the national reports on two international human rights covenants; and the handling of transitional justice. This book will be useful for historians and social scientists of 20th century Taiwan, as well as anyone interested in contemporary politics in the state.
Publisher: Cambridge Scholars Publishing
ISBN: 1527559130
Category : Law
Languages : en
Pages : 162
Book Description
This collection of essays brings together several papers published by the author in the past 45 years, arranged chronologically, so the reader will follow the unfolding development of the author’s thinking on the issues discussed here. The essays primarily investigate the political reform promoted by intellectuals and the professional classes in Taiwan beginning in the 1970s and the introduction of a national human rights commission in the 1990s. The latter is here analysed under three headings: the creation of a national human rights commission; the drafting and review by foreign experts of the national reports on two international human rights covenants; and the handling of transitional justice. This book will be useful for historians and social scientists of 20th century Taiwan, as well as anyone interested in contemporary politics in the state.
International Engagement in China's Human Rights
Author: Titus Chen
Publisher: Routledge
ISBN: 1317752724
Category : Social Science
Languages : en
Pages : 218
Book Description
Since the Tiananmen Square incident in 1989 there has been increasing international pressure on China to improve its approach to human rights, whilst at the same time the Chinese government has itself realised that it needs to improve its approach, and has indeed done much to implement improvements. This book explores systematically the international engagement in human rights in China and assesses the impact of such foreign involvement. It looks at particular areas including criminal justice, labour, and religious freedom, considers the processes by which international pressure is brought to bear and the processes by which improvements are implemented in China, and concludes that, whilst China’s human rights record has improved more than many people realise, further improvements are still needed.
Publisher: Routledge
ISBN: 1317752724
Category : Social Science
Languages : en
Pages : 218
Book Description
Since the Tiananmen Square incident in 1989 there has been increasing international pressure on China to improve its approach to human rights, whilst at the same time the Chinese government has itself realised that it needs to improve its approach, and has indeed done much to implement improvements. This book explores systematically the international engagement in human rights in China and assesses the impact of such foreign involvement. It looks at particular areas including criminal justice, labour, and religious freedom, considers the processes by which international pressure is brought to bear and the processes by which improvements are implemented in China, and concludes that, whilst China’s human rights record has improved more than many people realise, further improvements are still needed.
Confucianism, Democratization, and Human Rights in Taiwan
Author: Joel S. Fetzer
Publisher: Rowman & Littlefield
ISBN: 0739173006
Category : History
Languages : en
Pages : 117
Book Description
Responding to the "Asian values" debate over the compatibility of Confucianism and liberal democracy, Confucianism, Democratization, and Human Rights in Taiwan, by Joel S. Fetzer and J. Christopher Soper, offers a rigorous, systematic investigation of the contributions of Confucian thought to democratization and the protection of women, indigenous peoples, and press freedom in Taiwan. Relying upon a unique combination of empirical analysis of public opinion surveys, legislative debates, public school textbooks, and interviews with leading Taiwanese political actors, this essential study documents the changing role of Confucianism in Taiwan's recent political history. While the ideology largely bolstered authoritarian rule in the past and played little role in Taiwan's democratization, the belief system is now in the process of transforming itself in a pro-democratic direction. In contrast to those who argue that Confucianism is inherently authoritarian, the authors contend that Confucianism is capable of multiple interpretations, including ones that legitimate democratic forms of government. At both the mass and the elite levels, Confucianism remains a powerful ideology in Taiwan despite or even because of the island's democratization. Borrowing from Max Weber's sociology of religion, the writers provide a distinctive theoretical argument for how an ideology like Confucianism can simultaneously accommodate itself to modernity and remain faithful to its core teachings as it decouples itself from the state. In doing so, Fetzer and Soper argue, Confucianism is behaving much like Catholicism, which moved from a position of ambivalence or even opposition to democracy to one of full support. The results of this study have profound implications for other Asian countries such as China and Singapore, which are also Confucian but have not yet made a full transition to democracy.
Publisher: Rowman & Littlefield
ISBN: 0739173006
Category : History
Languages : en
Pages : 117
Book Description
Responding to the "Asian values" debate over the compatibility of Confucianism and liberal democracy, Confucianism, Democratization, and Human Rights in Taiwan, by Joel S. Fetzer and J. Christopher Soper, offers a rigorous, systematic investigation of the contributions of Confucian thought to democratization and the protection of women, indigenous peoples, and press freedom in Taiwan. Relying upon a unique combination of empirical analysis of public opinion surveys, legislative debates, public school textbooks, and interviews with leading Taiwanese political actors, this essential study documents the changing role of Confucianism in Taiwan's recent political history. While the ideology largely bolstered authoritarian rule in the past and played little role in Taiwan's democratization, the belief system is now in the process of transforming itself in a pro-democratic direction. In contrast to those who argue that Confucianism is inherently authoritarian, the authors contend that Confucianism is capable of multiple interpretations, including ones that legitimate democratic forms of government. At both the mass and the elite levels, Confucianism remains a powerful ideology in Taiwan despite or even because of the island's democratization. Borrowing from Max Weber's sociology of religion, the writers provide a distinctive theoretical argument for how an ideology like Confucianism can simultaneously accommodate itself to modernity and remain faithful to its core teachings as it decouples itself from the state. In doing so, Fetzer and Soper argue, Confucianism is behaving much like Catholicism, which moved from a position of ambivalence or even opposition to democracy to one of full support. The results of this study have profound implications for other Asian countries such as China and Singapore, which are also Confucian but have not yet made a full transition to democracy.
Chinese (Taiwan) Yearbook of International Law and Affairs, Volume 31 (2013)
Author: Ying-jeou Ma
Publisher: BRILL
ISBN: 9004306501
Category : Law
Languages : en
Pages : 422
Book Description
The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan. This volume discusses issues on Cross-Straits relations, Hong Kong, South China Sea disputes, and Japanese cases relating to war compensation. It provides a detailed account of the 2013 Guang Da Xing No. 28 incident and Taiwan’s participation in the International Civil Aviation Organization and free trade agreements with New Zealand and Singapore.
Publisher: BRILL
ISBN: 9004306501
Category : Law
Languages : en
Pages : 422
Book Description
The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Asia-Pacific and the Republic of China on Taiwan. This volume discusses issues on Cross-Straits relations, Hong Kong, South China Sea disputes, and Japanese cases relating to war compensation. It provides a detailed account of the 2013 Guang Da Xing No. 28 incident and Taiwan’s participation in the International Civil Aviation Organization and free trade agreements with New Zealand and Singapore.
The U.S.-Taiwan-China Relationship in International Law and Policy
Author: Lung-chu Chen
Publisher: Oxford University Press
ISBN: 0190601124
Category : Law
Languages : en
Pages : 441
Book Description
This volume describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. Lung-Chu Chen gives particular attention Taiwan's status under international law and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan.
Publisher: Oxford University Press
ISBN: 0190601124
Category : Law
Languages : en
Pages : 441
Book Description
This volume describes the central issues animating the dynamic U.S.-Taiwan-China relationship and the salient international and domestic legal issues shaping U.S. policy in the Asia Pacific region. Lung-Chu Chen gives particular attention Taiwan's status under international law and the role of the U.S. Taiwan Relations Act (TRA) in the formulation and execution of U.S. policy toward Taiwan.
Asian Yearbook of International Law, Volume 23 (2017)
Author: Seokwoo Lee
Publisher: BRILL
ISBN: 9004415823
Category : Law
Languages : en
Pages : 343
Book Description
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
Publisher: BRILL
ISBN: 9004415823
Category : Law
Languages : en
Pages : 343
Book Description
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
Debating Human Rights in China
Author: Marina Svensson
Publisher: Rowman & Littlefield Publishers
ISBN: 9780742516960
Category : History
Languages : en
Pages : 414
Book Description
Drawing on little-known sources, Marina Svensson argues that the concept of human rights was invoked by the Chinese people well before the adoption of the Universal Declaration of Human Rights in 1948, and it has continued to have strong appeal after 1949, both in Taiwan and on the mainland. These largely forgotten debates provide important perspectives on and contrasts to the official PRC line. The author gives particular attention to the issues of power and agency in describing the widely divergent views of official spokespersons, establishment intellectuals and dissidents. Until recently the PRC dismissed human rights as a bourgeois slogan, yet the globalization of human rights and the growing importance of the issue in bilateral and multilateral relations has grown. Thus, the regime has been forced to embrace, or rather appropriate, the language of human rights, an appropriation that continues to be vigorously challenged by dissidents at home and abroad.
Publisher: Rowman & Littlefield Publishers
ISBN: 9780742516960
Category : History
Languages : en
Pages : 414
Book Description
Drawing on little-known sources, Marina Svensson argues that the concept of human rights was invoked by the Chinese people well before the adoption of the Universal Declaration of Human Rights in 1948, and it has continued to have strong appeal after 1949, both in Taiwan and on the mainland. These largely forgotten debates provide important perspectives on and contrasts to the official PRC line. The author gives particular attention to the issues of power and agency in describing the widely divergent views of official spokespersons, establishment intellectuals and dissidents. Until recently the PRC dismissed human rights as a bourgeois slogan, yet the globalization of human rights and the growing importance of the issue in bilateral and multilateral relations has grown. Thus, the regime has been forced to embrace, or rather appropriate, the language of human rights, an appropriation that continues to be vigorously challenged by dissidents at home and abroad.
China’s Path of Human Rights Development
Author: Huawen Liu
Publisher: Springer Nature
ISBN: 9811639817
Category : Law
Languages : en
Pages : 233
Book Description
This book focuses on China’s evolution in the field of human rights protection, highlighting its achievements in various systems of human rights protection, as well as its role in international human rights governance and the healthy development of human rights. From the perspective of China’s human rights protection, starting with various types of citizens, e.g. women, children and the disabled, the book analyzes and discusses the changes and major events in the country’s human rights development path one by one, while also explaining the Chinese stance on human rights development. China is becoming more active in the international human rights cooperation field, playing its unique and constructive role and serving as the participant, builder and contributor of the international human rights governance.
Publisher: Springer Nature
ISBN: 9811639817
Category : Law
Languages : en
Pages : 233
Book Description
This book focuses on China’s evolution in the field of human rights protection, highlighting its achievements in various systems of human rights protection, as well as its role in international human rights governance and the healthy development of human rights. From the perspective of China’s human rights protection, starting with various types of citizens, e.g. women, children and the disabled, the book analyzes and discusses the changes and major events in the country’s human rights development path one by one, while also explaining the Chinese stance on human rights development. China is becoming more active in the international human rights cooperation field, playing its unique and constructive role and serving as the participant, builder and contributor of the international human rights governance.
International Human Rights Law and Diplomacy
Author: Kriangsak Kittichaisaree
Publisher: Edward Elgar Publishing
ISBN: 1839102195
Category : Law
Languages : en
Pages : 355
Book Description
This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.
Publisher: Edward Elgar Publishing
ISBN: 1839102195
Category : Law
Languages : en
Pages : 355
Book Description
This incisive book provides an unparalleled insight into the ways in which international human rights law functions in a real world context across cultural, religious and geopolitical divides. Written by a professor, former ambassador and international judge, the book demonstrates how power, diplomacy, tactics and processes operate within the human rights system from the perspective of a non-Western insider with more than three decades’ experience in the field.