{"title":"Robin Ramcharan和Bertrand Ramcharan新加坡:《亚洲与世界人权宣言的起草》:Palgrave Macmillan,2019。255页精装本:99.99欧元","authors":"Atul Alexander, Smriti Rajhesh","doi":"10.1017/asjcl.2022.6","DOIUrl":null,"url":null,"abstract":"Asia and the Drafting of the Universal Declaration of Human Rights is one of the pioneering works on Asian contributions to the drafting of the Universal Declaration of Human Rights (UDHR). Authors Robin Ramcharan and Bertrand Ramcharan detail the Asian values of freedom, tolerance, equality, equity, respect, and diversity in ten chapters, which focus on the drafting of the UDHR, the principles of the UDHR, as well as its implementation and future. The book’s focus is on the drafting stages of the UDHR. The authors’ prime contention is that even after 70 years of the adoption of the UDHR, Asian states continue to repose faith in the UDHR both in governance and development. According to the authors, until 1993, Asian states expounded the relativist argument, which disputed the universality of the Western values of individualism on the basis of the lived experiences of Asian societies. The 1993 Bangkok Declaration was a watershed event for human rights in Asia. The Bangkok Declaration recognised that all human rights were universal and therefore must be interpreted in the context of a dynamic and evolving process of international norms. Moreover, the Bangkok Declaration reaffirmed the commitments laid down in the UDHR. These acknowledgments were contrary to the main narrative of Third-World scholars, who perceived the universal nature of human rights as an attempt to impose western practices on Asian countries. The book discusses Asian approaches to the drafting of the UDHR. The authors point out that, whereas the Western drafters preferred a non-binding instrument, the Asian drafters called for a solid, binding legal instrument. Asian delegates argued for self-determination and emancipation (Romulo), non-discrimination and gender equality (Hansa Mehta), and the freedom of religion (Zafarullah Khan). The Chinese delegate, PC Chang, pointed out that the Western thinkers on human rights had been influenced by Chinese values. The book also describes the Asian vision for the UDHR, which sought to bring into focus the ‘new humanism’ of the declaration and its universal values. The authors demonstrate that Asian values influenced concepts in the UDHR, such as the right of self-determination, equality and justice. The authors also provide a comprehensive account of the role of Asian constitutions in the formulation of the UDHR. In this respect, the authors could have delved more into the subsequent developments in terms of Asian contribution in interpreting UDHR, which would have rendered a complete picture of contemporary Asian practice. Having said that, the authors discuss the inefficacy of the regional and national protection systems with the growing human rights violations across countries, arguing that a strong state, the rule of law, and democratic accountability are fundamental for implementing the principles of UDHR.","PeriodicalId":39405,"journal":{"name":"Asian Journal of Comparative Law","volume":"17 1","pages":"194 - 195"},"PeriodicalIF":0.0000,"publicationDate":"2022-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Asia and the Drafting of the Universal Declaration of Human Rights by Robin Ramcharan & Bertrand Ramcharan Singapore: Palgrave Macmillan, 2019. 255 pp. Hardcover: €99.99\",\"authors\":\"Atul Alexander, Smriti Rajhesh\",\"doi\":\"10.1017/asjcl.2022.6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Asia and the Drafting of the Universal Declaration of Human Rights is one of the pioneering works on Asian contributions to the drafting of the Universal Declaration of Human Rights (UDHR). Authors Robin Ramcharan and Bertrand Ramcharan detail the Asian values of freedom, tolerance, equality, equity, respect, and diversity in ten chapters, which focus on the drafting of the UDHR, the principles of the UDHR, as well as its implementation and future. The book’s focus is on the drafting stages of the UDHR. The authors’ prime contention is that even after 70 years of the adoption of the UDHR, Asian states continue to repose faith in the UDHR both in governance and development. According to the authors, until 1993, Asian states expounded the relativist argument, which disputed the universality of the Western values of individualism on the basis of the lived experiences of Asian societies. The 1993 Bangkok Declaration was a watershed event for human rights in Asia. The Bangkok Declaration recognised that all human rights were universal and therefore must be interpreted in the context of a dynamic and evolving process of international norms. 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Asia and the Drafting of the Universal Declaration of Human Rights by Robin Ramcharan & Bertrand Ramcharan Singapore: Palgrave Macmillan, 2019. 255 pp. Hardcover: €99.99
Asia and the Drafting of the Universal Declaration of Human Rights is one of the pioneering works on Asian contributions to the drafting of the Universal Declaration of Human Rights (UDHR). Authors Robin Ramcharan and Bertrand Ramcharan detail the Asian values of freedom, tolerance, equality, equity, respect, and diversity in ten chapters, which focus on the drafting of the UDHR, the principles of the UDHR, as well as its implementation and future. The book’s focus is on the drafting stages of the UDHR. The authors’ prime contention is that even after 70 years of the adoption of the UDHR, Asian states continue to repose faith in the UDHR both in governance and development. According to the authors, until 1993, Asian states expounded the relativist argument, which disputed the universality of the Western values of individualism on the basis of the lived experiences of Asian societies. The 1993 Bangkok Declaration was a watershed event for human rights in Asia. The Bangkok Declaration recognised that all human rights were universal and therefore must be interpreted in the context of a dynamic and evolving process of international norms. Moreover, the Bangkok Declaration reaffirmed the commitments laid down in the UDHR. These acknowledgments were contrary to the main narrative of Third-World scholars, who perceived the universal nature of human rights as an attempt to impose western practices on Asian countries. The book discusses Asian approaches to the drafting of the UDHR. The authors point out that, whereas the Western drafters preferred a non-binding instrument, the Asian drafters called for a solid, binding legal instrument. Asian delegates argued for self-determination and emancipation (Romulo), non-discrimination and gender equality (Hansa Mehta), and the freedom of religion (Zafarullah Khan). The Chinese delegate, PC Chang, pointed out that the Western thinkers on human rights had been influenced by Chinese values. The book also describes the Asian vision for the UDHR, which sought to bring into focus the ‘new humanism’ of the declaration and its universal values. The authors demonstrate that Asian values influenced concepts in the UDHR, such as the right of self-determination, equality and justice. The authors also provide a comprehensive account of the role of Asian constitutions in the formulation of the UDHR. In this respect, the authors could have delved more into the subsequent developments in terms of Asian contribution in interpreting UDHR, which would have rendered a complete picture of contemporary Asian practice. Having said that, the authors discuss the inefficacy of the regional and national protection systems with the growing human rights violations across countries, arguing that a strong state, the rule of law, and democratic accountability are fundamental for implementing the principles of UDHR.
期刊介绍:
The Asian Journal of Comparative Law (AsJCL) is the leading forum for research and discussion of the law and legal systems of Asia. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to one or more Asian legal systems, as well as work that compares one or more Asian legal systems with non-Asian systems. The Journal seeks articles which display an intimate knowledge of Asian legal systems, and thus provide a window into the way they work in practice. The AsJCL is an initiative of the Asian Law Institute (ASLI), an association established by thirteen leading law schools in Asia and with a rapidly expanding membership base across Asia and in other regions around the world.