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A Theoretical Study On Human Rights Internationalization

Posted on:2005-06-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z P HeFull Text:PDF
GTID:1116360125450975Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This thesis focuses on the phenomenon of human rights internationalization, tracing its origin, evaluating its reality, analysis its theory and assessing its future. As a phenomenon emerged in the middle of the twenties century, human rights internationalization attracted global attention from not only political circle, but also academic circle. Therefore, a thorough theoretical exploration of this phenomenon is quite necessary.Before the in-depth discussion of why and how human rights could be internationalized, it seems to be valuable to define the terminology of human rights in order to circumscribe the scope of discussion. Human rights, as we observe in contexts, is a multi-dimension word which means not only the rights believed to be held by every person, but also the system of a certain society including how it treat different classes of people, what's the mechanism of protecting general people. In the dimension of rights, although it is often declared that human rights are rights belong to every person, but actually when a lower class has the rights which they did not have previously, we can say that's progress in human rights. Internationalization, as a similar word to globalization, integration and other modern terms, means that something goes beyond the border of countries, calls for cooperation, coordination and coherence among all states in the world. Strictly, globalization has a wider meaning that internationalization, but in the process of discussion, it is not so technically defined. To sum up, human rights internationalization means that the thought, idea, ideal, legal system and administration of human rights goes beyond the border of the countries; at the same time, international concerns and endeavors goes to the field of human rights.The preliminary problem in the discussion of human rights internationalization is the motive of human rights internalization. It should be noted that, if the doctrine of natural rights tells the truth, the motive of human rights internalization is nothing but the innerrequirements of human rights. So the crux of this issue is to investigate the doctrine of natural rights. Firstly, with detailed inspection in the history of thoughts, the doctrine of natural rights is merely a type of political/legal thought deeply rooted in the western society. All the ideas forming the foundation of natural rights can be set into the background of western history: the idea of equality among people, natural law, social contract and human nature have the philosophical basis and the reason of social structure, so are understandable in the western world from the fountain of ancient Greek, Roman, the medieval and enlightenment times. Logically, the doctrine of natural rights is not so believable, because there are gaps between the premier and the conclusion. Then, one step further, we can see that the foundations of natural rights are all from imagination without real evidence. Therefore, the doctrine itself is not a truth. With the help of modern psychology, economics, sociology and philosophy, rights are from the struggle of the people. The reason that people struggle for rights is that the idea of rights becomes a method to express their original expectations for life, and human life itself is where the ontology of philosophy and the highest value exists. To state succinctly, human rights are from human society, from the original extinctive for a better life. The motive of human rights must be analysis from this angle of view. The inner motive is the desire of every ordinary person for a safe, comfort living environment and a sense of active, the external motive is the growth of social ability in material and political resources.Since it is proved that rights develops with the society, there is no doubt that human rights, as the main express method of rights, also goes along with the development of society. When people contact and have transaction with each other beyond the territory of states, the thoughts and mechanism of human rights also appear appears to be internation...
Keywords/Search Tags:Internationalization
PDF Full Text Request
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