The Cross-cultural Human Rights Centre (hereafter, “the Centre”) is committed to bringing together and developing researchers from multiple academic disciplines to study the sources, scopes and contents, and mechanisms for safeguarding human rights and fundamental freedoms in various cultures. QIAO, Congrui, a post-doc with the Centre, has initiated a China-focused panel at the sixth annual conference of the World Interdisciplinary Network for Institutional Research that took place at the Lund University in Sweden from 19 to 21 September 2019.
The conference panel was a collaborative effort with JING, Chao and WANG, Chenyu, two Ph.D. candidates at the Law School of Utrecht University, that sought to make sense of rather under-explored topics concerning law and governance transitions in modern and contemporary China. The three researchers presented their papers to an attentive international audience on 21 September, which were titled, respectively: “Dispute over the Status of Tibet underInternational Law – From Sovereignty to Suzerainty” (by Chenyu), “Controlling the Government in China: Principles and Practices” (by Congrui), and “Impact of China’s National Security Law upon Human Rights” (by Chao).
In specific, Chenyu shared his major findings that on the basis of sovereignty theories available to his study, he has focused on (in)divisibility as the key component to approach sovereignty, compared the similarity and difference in how (in)divisibility was dealt with under the European and Asian sovereignty and suzerainty systems, and in these lights, explained why Tibet was a vassal State under the suzerainty of China in the late nineteenth and early twentieth centuries.
Congrui’s topic was about how to control government, i.e. controlling the exercise of government powers, incontemporary China where the practice of holding government actions accountable to the law has been emerging since the 1990s. She delved into three principles: transparency, impartiality and proportionality of government decision making and implementation, and explained how these principles had been applied by adjudicative bodies in resolving disputes over government actions. She also identified new challenges to those principles arising from the implementation of the Social Credit System.
Chao’s paper adopted the comparative and human rights approaches to understanding China’s national security framework. He analysed the contents of the National Security Law that served as a leading legislation to build thenational security legal system in China, and compared them with administrative and criminal legislations relevant to the national security issue. Thereafter, he sumamrised the powers granted to and measures taken by China’s security authorities, and assessed inherent challenges therein to rights protection based on the international human rights standards.
The conference, consisting of around 170 scholars from many disciplines including anthropology, economics, law, history, philosophy and sociology, is a renowned platform for researchers sharing a common concern – how to understand the nature, function, evolution, and impact of institutions significant to humankind. This year’s theme,”Institutions for Inclusive Societies: Global & Comparative Perspective”, was a timely response to the rise of new growth poles and the emergence of new institutional dynamics that have been challenging the old divide between the developed and developing world.