Informace o kvalifikační práci The right to internal self-determination of the Uyghur minority in the Xinjiang Uyghur Autonomous Region, 1949-2019: Implications for the evolution of Uyghur-Chinese state relations
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Hlavní téma
Právo na vnitřní sebeurčení ujgurské menšiny v Ujgurské autonomí oblasti Xinjiang v letech 1949-2019: Implikace pro vývoj vztahů mezi Ujgury a čínským státem
Hlavní téma v angličtině
The right to internal self-determination of the Uyghur minority in the Xinjiang Uyghur Autonomous Region, 1949-2019: Implications for the evolution of Uyghur-Chinese state relations
Název dle studenta
The right to internal self-determination of the Uyghur minority in the Xinjiang Uyghur Autonomous Region, 1949-2019: Implications for the evolution of Uyghur-Chinese state relations
Název dle studenta v angličtině
The right to internal self-determination of the Uyghur minority in the Xinjiang Uyghur Autonomous Region, 1949-2019: Implications for the evolution of Uyghur-Chinese state relations
This Ph.D. dissertation is a contribution to the scientific debate about the Chinese legal system, Chinese policy towards minorities and the rule of law in the PRC. It discusses the level of implementation of the right to internal self-determination in the context of the PRC, with a specific focus on the Uyghur minority living in the Xinjiang Uyghur Autonomous Region. It is a predominantly law-based study which combines various interdisciplinary elements, such as politics and history.
The central question of this dissertation is what constitutes the right to internal self-determination and whether there are legal guarantees and legal enforcement mechanisms for this right in the Xinjiang Uyghur Autonomous Region. This dissertation identifies the core values constituting the right to internal self-determination as non-discrimination and freedom in the political, economic, social, and cultural pursuits of the people. These values are nominally guaranteed and protected by China's jurisprudence as Beijing portrays itself as a responsible international actor. This study shows that the actual situation is quite the opposite. There is no political will to endorse and implement international human rights standards in China, nor to clarify the considerably vague formulations of the relevant legal provisions. Although the primary concern of this research is internal self-determination, in case of grave breaches, external self-determination as a remedy of last resort is viewed as legally plausible. This dissertation suggests that it is impossible to talk about self-determination in China because the "self" has no place in contemporary Chinese politics.
Anotace v angličtině
This Ph.D. dissertation is a contribution to the scientific debate about the Chinese legal system, Chinese policy towards minorities and the rule of law in the PRC. It discusses the level of implementation of the right to internal self-determination in the context of the PRC, with a specific focus on the Uyghur minority living in the Xinjiang Uyghur Autonomous Region. It is a predominantly law-based study which combines various interdisciplinary elements, such as politics and history.
The central question of this dissertation is what constitutes the right to internal self-determination and whether there are legal guarantees and legal enforcement mechanisms for this right in the Xinjiang Uyghur Autonomous Region. This dissertation identifies the core values constituting the right to internal self-determination as non-discrimination and freedom in the political, economic, social, and cultural pursuits of the people. These values are nominally guaranteed and protected by China's jurisprudence as Beijing portrays itself as a responsible international actor. This study shows that the actual situation is quite the opposite. There is no political will to endorse and implement international human rights standards in China, nor to clarify the considerably vague formulations of the relevant legal provisions. Although the primary concern of this research is internal self-determination, in case of grave breaches, external self-determination as a remedy of last resort is viewed as legally plausible. This dissertation suggests that it is impossible to talk about self-determination in China because the "self" has no place in contemporary Chinese politics.
Klíčová slova
China, self-determination, Xinjiang, human rights law, ethnic policy
Klíčová slova v angličtině
China, self-determination, Xinjiang, human rights law, ethnic policy
Rozsah průvodní práce
210 s.
Jazyk
AN
Anotace
This Ph.D. dissertation is a contribution to the scientific debate about the Chinese legal system, Chinese policy towards minorities and the rule of law in the PRC. It discusses the level of implementation of the right to internal self-determination in the context of the PRC, with a specific focus on the Uyghur minority living in the Xinjiang Uyghur Autonomous Region. It is a predominantly law-based study which combines various interdisciplinary elements, such as politics and history.
The central question of this dissertation is what constitutes the right to internal self-determination and whether there are legal guarantees and legal enforcement mechanisms for this right in the Xinjiang Uyghur Autonomous Region. This dissertation identifies the core values constituting the right to internal self-determination as non-discrimination and freedom in the political, economic, social, and cultural pursuits of the people. These values are nominally guaranteed and protected by China's jurisprudence as Beijing portrays itself as a responsible international actor. This study shows that the actual situation is quite the opposite. There is no political will to endorse and implement international human rights standards in China, nor to clarify the considerably vague formulations of the relevant legal provisions. Although the primary concern of this research is internal self-determination, in case of grave breaches, external self-determination as a remedy of last resort is viewed as legally plausible. This dissertation suggests that it is impossible to talk about self-determination in China because the "self" has no place in contemporary Chinese politics.
Anotace v angličtině
This Ph.D. dissertation is a contribution to the scientific debate about the Chinese legal system, Chinese policy towards minorities and the rule of law in the PRC. It discusses the level of implementation of the right to internal self-determination in the context of the PRC, with a specific focus on the Uyghur minority living in the Xinjiang Uyghur Autonomous Region. It is a predominantly law-based study which combines various interdisciplinary elements, such as politics and history.
The central question of this dissertation is what constitutes the right to internal self-determination and whether there are legal guarantees and legal enforcement mechanisms for this right in the Xinjiang Uyghur Autonomous Region. This dissertation identifies the core values constituting the right to internal self-determination as non-discrimination and freedom in the political, economic, social, and cultural pursuits of the people. These values are nominally guaranteed and protected by China's jurisprudence as Beijing portrays itself as a responsible international actor. This study shows that the actual situation is quite the opposite. There is no political will to endorse and implement international human rights standards in China, nor to clarify the considerably vague formulations of the relevant legal provisions. Although the primary concern of this research is internal self-determination, in case of grave breaches, external self-determination as a remedy of last resort is viewed as legally plausible. This dissertation suggests that it is impossible to talk about self-determination in China because the "self" has no place in contemporary Chinese politics.
Klíčová slova
China, self-determination, Xinjiang, human rights law, ethnic policy
Klíčová slova v angličtině
China, self-determination, Xinjiang, human rights law, ethnic policy
Zásady pro vypracování
This doctoral dissertation is a contribution to the scientific debate about the Chinese legal system, Chinese policy towards minorities and the rule of law in the PRC. It discusses the level of implementation of the right to internal self-determination in the context of the PRC, with a specific focus on the Uyghur minority living in the Xinjiang Uyghur Autonomous Region. It is a predominantly law-based study which combines various interdisciplinary elements, such as politics and history.
The central question of this thesis is what constitutes the right to internal self-determination and whether there are legal guarantees and legal enforcement mechanisms for this right in the Xinjiang Uyghur Autonomous Region.
Zásady pro vypracování
This doctoral dissertation is a contribution to the scientific debate about the Chinese legal system, Chinese policy towards minorities and the rule of law in the PRC. It discusses the level of implementation of the right to internal self-determination in the context of the PRC, with a specific focus on the Uyghur minority living in the Xinjiang Uyghur Autonomous Region. It is a predominantly law-based study which combines various interdisciplinary elements, such as politics and history.
The central question of this thesis is what constitutes the right to internal self-determination and whether there are legal guarantees and legal enforcement mechanisms for this right in the Xinjiang Uyghur Autonomous Region.
Seznam doporučené literatury
Barten, Ulrike. 2015. Minorities, Minority Rights and Internal Self-Determination. London: Springer.
Bovingdon, Gardner. 2004. Autonomy in Xinjiang: Han Nationalist Imperatives and Uyghur Discontent. Washington: East-West Center.
Cassese, Antonio. 1995. Self-Determination of Peoples: A Legal Reappraisal. Reprinted. Cambridge: Cambridge University Press.
Chen, Jianfu. 2008. Chinese Law: Context and Transformation. Leiden: Martinus Nijhoff Publishers.
Fisch, Jörg. 2015. The Right of Self-Determination of Peoples: The Domestication of an Illusion. New York, NY: Cambridge University Press.
French, Duncan. 2013. Statehood and Self-Determination: Reconciling Tradition and Modernity in International Law. New York: Cambridge University Press.
Gallagher, Mary E. 2017. Authoritarian Legality in China: Law, Workers, and the State. Cambridge: Cambridge University Press.
Hannum, Hurst. 1996. Autonomy, Sovereignty, And Self-Determination: The Accommodation of Conflicting Rights. Rev. ed. Philadelphia: University of Pennsylvania Press.
Ma, Huaide and Jingbo Wang. 2018. Building a Government Based on the Rule of Law: History and Development. Singapore: Springer.
Mackerras, Colin. 2001. “Xinjiang at the Turn of the Century: The Causes of Separatism.” Central Asian Survey 20 (3): 289-303.
McCorquodale, Robert. 2000. Self-Determination in International Law. Libraries of Essays in International Law. Brookfield, Vermont: Ashgate/Dartmouth.
Moeckli, Daniel, et al. 2010. International Human Rights Law. Oxford: Oxford University Press.
Ng, Kwai Hang and Xin He. 2017. Embedded Courts: Judicial decision-making in China. Cambridge: Cambridge University Press.
Potter, Pitman B. 2013. China´s Legal System. Cambridge: Polity Press.
Sautman, Barry. 1999. “Ethnic Law and Minority Rights in China.” Law and Policy 21 (3): 283–314.
Wang, Linzhu. 2019. Self-Determination and Minority Rights in China. Leiden: Brill Nijhoff.
Seznam doporučené literatury
Barten, Ulrike. 2015. Minorities, Minority Rights and Internal Self-Determination. London: Springer.
Bovingdon, Gardner. 2004. Autonomy in Xinjiang: Han Nationalist Imperatives and Uyghur Discontent. Washington: East-West Center.
Cassese, Antonio. 1995. Self-Determination of Peoples: A Legal Reappraisal. Reprinted. Cambridge: Cambridge University Press.
Chen, Jianfu. 2008. Chinese Law: Context and Transformation. Leiden: Martinus Nijhoff Publishers.
Fisch, Jörg. 2015. The Right of Self-Determination of Peoples: The Domestication of an Illusion. New York, NY: Cambridge University Press.
French, Duncan. 2013. Statehood and Self-Determination: Reconciling Tradition and Modernity in International Law. New York: Cambridge University Press.
Gallagher, Mary E. 2017. Authoritarian Legality in China: Law, Workers, and the State. Cambridge: Cambridge University Press.
Hannum, Hurst. 1996. Autonomy, Sovereignty, And Self-Determination: The Accommodation of Conflicting Rights. Rev. ed. Philadelphia: University of Pennsylvania Press.
Ma, Huaide and Jingbo Wang. 2018. Building a Government Based on the Rule of Law: History and Development. Singapore: Springer.
Mackerras, Colin. 2001. “Xinjiang at the Turn of the Century: The Causes of Separatism.” Central Asian Survey 20 (3): 289-303.
McCorquodale, Robert. 2000. Self-Determination in International Law. Libraries of Essays in International Law. Brookfield, Vermont: Ashgate/Dartmouth.
Moeckli, Daniel, et al. 2010. International Human Rights Law. Oxford: Oxford University Press.
Ng, Kwai Hang and Xin He. 2017. Embedded Courts: Judicial decision-making in China. Cambridge: Cambridge University Press.
Potter, Pitman B. 2013. China´s Legal System. Cambridge: Polity Press.
Sautman, Barry. 1999. “Ethnic Law and Minority Rights in China.” Law and Policy 21 (3): 283–314.
Wang, Linzhu. 2019. Self-Determination and Minority Rights in China. Leiden: Brill Nijhoff.