EU EU R Rul ule e of Law w Promo moti tion on Abr Abroad oad and nd Its ts Cooperation peration wi with th China ina in th the e Context xt of Interna ernational tional Rul ule e of of Law By ZHANG Jiao Supervised by Prof. ZENG Lingliang zjecupl2014@163.com
Con ontent ents Research question Structure Findings Contributions
I. I. Rese esear arch ch Qu Quest estio ion Is there any possibility of the cooperation between the EU and China in the area of the rule of law, which may - satisfy the EU policy concerning the rule of law promotion ; - substantively assist the rule of law process in China ; - contribute to the building of an international rule of law . Justifications: Difficulties Origin Strategy
Or Orig igin in of of th the r e rese esear arch ch que uesti stion on
Or Orig igin in of of th the r e rese esear arch ch que uesti stion on European Foreign Policy Scorecard – Rule of Law and Human Rights in China Year Unity Resources Outcome Total Grade 2014 2/5 2/5 4/10 8/20 C 2013 3/5 3/5 2/10 8/20 C 2012 2/5 1/5 2/10 5/20 D+ 2010/11 2/5 2/5 1/10 5/20 D+
Or Orig igin in of of th the R e Rese esear arch ch Qu Quest estio ion
Str trat ateg egy: y: th the e Rul ule e of Law w Promo motio tion Rule of Law Values Good Human Governance Rights Democracy
Str trat ateg egy: y: th the e Rul ule e of Law w Promo motio tion Urfan Khaliq (2008), Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal ; Dimitry Kochenov (2007), EU Enlagement and the Failure of Conditionality: Pre-accession Conditionality in the Fields of Democracy and the Rule of Law ; Amichai Magen and Leonard Morlino (2009), International Actors, Democratization and the Rule of Law: Anchoring Democracy? ; Sonia Lucarelli and Ian Manners (eds.) (2006), Values and Principles in European Union Foreign Policy .
Str trat ateg egy: y: th the e Rul ule e of Law w Promo motio tion Jeff Bridoux and Milja Kurki (2014), Democracy Promotion: A Critical Introduction ; Zhang Hua (2010), Ouzhou Lianmeng Duiwai Guanxifa zhong de RenquanTiaokuanWentiYanjiu (Human Rights Clause in the EU External Relations Law) ; Kepha Natolooka (2012), The Role of USAID in Promoting Good Governance in Uganda ; Thomas Carothers (ed.) (2006), Promoting the Rule of Law Abroad: In Search of Knowledge .
Str trat ateg egy: y: In Inter erna nati tion onal al Rul ule e of of La Law Categories and Subcategories of UN Rule of Law Activities Teaching, dissemination and promotion of international law; At the International Level Assistance in the domestic implementation of international law; Dispute resolution at the international level; Conflict resolution and transitional justice; Strengthening of administrative institutions and public law and governance issues; At the National Level Administration of justice and law enforcement. Three Main “Baskets” of UN Rule of Law Activity International level UN Charter, multilateral treaties, international dispute resolution mechanisms, the International Criminal Court and advocacy, training and education regarding international law. Transitional justice: national transitional justice consultation processes, truth and reconciliation Conflict and post-conflict situations processes, reparations, international and hybrid tribunals, national human rights institutions, vetting processes and ad hoc investigations, fact-finding and commissions of inquiry. Strengthening of national justice systems and institutions Long-term development - Strengthen legal and judicial institutions, policing, penal reform, the administration of trust funds and monitoring. - Additional priority areas: customary, traditional and community-based justice and dispute resolution mechanisms; victim and witness protection and assistance; combating corruption, organized crime, transnational crime and trafficking, and drug control; legal education; public law issues; interim law enforcement and executive judicial functions performed by the UN; and security support to national police agencies
II II. . Str truc uctur ture Part I Part II Part III Conceptualizing the Understanding the Considering the EU rule of law EU rule of law rule of law promotion promotion promotion in China • Rule of law promotion • Rationalistic analysis • China’s specialty as a phenomenon • Policy analysis • EU rule of law • Rule of law promotion promotion in China: as a field past and future
III. . Fi Findi ndings ngs – Concep nceptu tualizing alizing th the e rul ule e of law w pr promo motion tion Globalization – worldwide political project Democratization – law and democracy Liberalization – law and development Colonial – “human rights advocates believe that the rule of law can prevent and legal remedy human rights abuses; security analysts believe that establishing intervention the rule of law is crucial to rebuilding states plagued by internecine conflict; development experts assert the rule of law is a critical factor behind economic growth.”
Fi Findi ndings ngs – Concep nceptu tualizing alizing th the e rul ule e of law w pr promo motion tion Thomas Carothers (ed.) (2006), Promoting the Rule of Law Abroad: In Search of Knowledge Per Bergling, Jenny Ederlöf & Veronica L. Taylor (eds.) (2009), Rule of Law Promotion: Global Perspectives, Local Applications Stephen Humphreys (2010), Theatre of the Rule of Law: Transnational Legal Intervention in Theory and Practice Pilippo Fontanelli, Guiseppe Martinico & Paolo Carrizza (eds.) (2010), Shaping Rule of Law through Dialogue: International and Supranational Experience Michael Zürn, André Nollkaemper & Randy Peerenboom (eds.) (2012), Rule of Law Dynamics in an Era of International and Transnational Governance
Fi Findi ndings ngs – Concep nceptu tualizing alizing th the e rul ule e of law w pr promo motion tion -A concept of the rule of law at the national level; -Formulated by the joint efforts of donors and the host country, What is ‘the rule of law with full consideration and respect to the host country’s operational being promoted’? contexts; -A rule of the law of the host country. Strategies -A single important objective and ultimate goal; -Together with the promotion of other values; -For the promotion of other values; -As a conditionality. How to promote the rule of Scope The concept of ‘the rule of law being promoted’ law? conceived by the donor. Path Top-down & bottom-up Means Coercive, persuasive, cooperative How to evaluate the rule of -Public survey and data collection law promotion? -Performance indicators -Legal system monitoring
II II. . Str truc uctur ture Part I Part II Part III Conceptualizing the Understanding the Considering the EU rule of law EU rule of law rule of law promotion promotion promotion in China • Rule of law promotion • Rationalistic analysis • China’s specialty as a phenomenon • Policy analysis • EU rule of law • Rule of law promotion promotion in China: as a field past and future
Fi Findi ndings ngs – Und Under erstanding standing th the EU e EU rul ule e of law w pr promo motion tion Military Civilian Normative Internally Externally Internationally
Fi Findi ndings ngs – Und Under erstanding standing th the EU e EU rul ule e of law w pr promo motion tion Human rights clause, political dialogue & specific human rights dialogue Development cooperation policy; Economic, Common Foreign and Area of Freedom, financial and technical Security Policy; Security and Justice cooperation with third Humanitarian Aid countries; Common Commercial Policy AFSJ-related rule of law CFSP-related rule of law promotion promotion Development-related rule of law promotion
II II. . Str truc uctur ture Part I Part II Part III Conceptualizing the Understanding the Considering the EU rule of law EU rule of law rule of law promotion promotion promotion in China • Rule of law promotion • Rationalistic analysis • China’s specialty as a phenomenon • Policy analysis • EU rule of law • Rule of law promotion promotion in China: as a field past and future
Fi Findi ndings ngs: : Cons nsidering idering th the EU e EU rul ule e of law w pr promo motion tion in China na China – Rule of Law - there are clear signs of the positive transitions of rule of law in China; - no longer a country ruled by man, but a country ruled by law, and a country working for a rule of law; - based on its own historical and cultural context. China – Foreign Policy - increasingly involved in international affairs and participating in global governance; - initiatively displaying the country and explaining national policies to the world; - innovatively exploring new approaches and channels for conducting foreign affairs.
Fi Findi ndings ngs: : Cons nsidering idering th the EU e EU rul ule e of law w pr promo motion tion in China na Use less – judicial restraints on the use of the death penalty in China Governance for Equitable Development: Strengthening the Rule of Law and Civil Society Participation in China
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