States monitoring states: The united States, Australia, and China's human rights, 1990-2001

Human Rights Quarterly

Volumn 23, Issue 3, 2001, Pages 583-624

  Kent, Ann ^b  

^a AUSTRALIAN NATIONAL UNIVERSITY   (Australia)

^b NONE

Author keywords

[No Author keywords available]

Indexed keywords

HUMAN RIGHTS; INTERNATIONAL RELATIONS;

AUSTRALIA; CHINA; UNITED STATES;

EID: 0034866935     PISSN: 02750392     EISSN: None     Source Type: Journal    
DOI: 10.1353/hrq.2001.0037     Document Type: Article

References (178)

1. This article is a synthesis and update of Ann Kent, The United States and MFN (20 June 1995) (unpublished paper, on file with author); Ann Kent, Australia and China: Monitoring by a Middle Power (20 July 1995) (unpublished paper, on file with author).
2. For a comparison between the role of multilateral and bilateral mechanisms, and the role of NGOs, see ANN KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS: THE LIMITS OF COMPLIANCE (1999). For an earlier assessment of the value of multilateral human rights bodies, see Ann Kent, China and the International Human Rights Regime: A Case Study of Multilateral Monitoring, 1989-1994, 17 HUM. RTS. Q. 1-47 (1995).
3. For a comparison between the role of multilateral and bilateral mechanisms, and the role of NGOs, see ANN KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS: THE LIMITS OF COMPLIANCE (1999). For an earlier assessment of the value of multilateral human rights bodies, see Ann Kent, China and the International Human Rights Regime: A Case Study of Multilateral Monitoring, 1989-1994, 17 HUM. RTS. Q. 1-47 (1995).
4. For instance, one of the proposals of the UN Human Rights Commission Working Group to the Human Rights Sub-Commission at its August 1999 session was to forbid the Sub-Commission from adopting resolutions relating to country situations. See David Weissbrodt, et al., An Analysis of the Fifty-first Session of the United Nations Sub-Commission on the Protection and Promotion of Human Rights, 22 HUM. RTS. Q. 789, 834 (2000). In the 2000 session of the Human Rights Commission, the Chairman ruled that proceedings would be conducted in accordance with the recommendations of the report of the Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission of Human Rights, one of which was that "the Sub-Commission should not adopt country-specific resolutions." See Andrea Coomber, Analytical Report of the 56th Session of the Commission on Human Rights, HUM. RTS. MON. 49-50, at 90-91 (2000).
5. For instance, one of the proposals of the UN Human Rights Commission Working Group to the Human Rights Sub-Commission at its August 1999 session was to forbid the Sub-Commission from adopting resolutions relating to country situations. See David Weissbrodt, et al., An Analysis of the Fifty-first Session of the United Nations Sub-Commission on the Protection and Promotion of Human Rights, 22 HUM. RTS. Q. 789, 834 (2000). In the 2000 session of the Human Rights Commission, the Chairman ruled that proceedings would be conducted in accordance with the recommendations of the report of the Working Group on Enhancing the Effectiveness of the Mechanisms of the Commission of Human Rights, one of which was that "the Sub-Commission should not adopt country-specific resolutions." See Andrea Coomber, Analytical Report of the 56th Session of the Commission on Human Rights, HUM. RTS. MON. 49-50, at 90-91 (2000).
6. In addition, in a letter on 17 April 2000 to Commission members, Human Rights Watch noted that while in 1987, nearly half (47 percent) of all resolutions on human rights abuses in specific countries adopted by the Human Rights Commission were voted upon, by 1999 the number had dropped to 29 percent. See also, Human Rights Watch, UN Human Rights Commission Urged to Vote on Abuses, HUMAN RIGHTS INFORMATION NETWORK (17 Apr. 2000).
7. Barbara Crossette, US is Voted Off Rights panel of the UN for the First Time, N.Y. TIMES, 4 May 2001, available at 〈http://www.nytimes.com/2001/05/04/world〉.
8. See KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2, at 11-12.
9. Jan Egeland has identified an "Atlantic gap" between the approaches of the US, the "impotent superpower," and Norway, the "potent small state" as deriving from three main differences: strategic status, wherein the superpower has a more complex and security oriented foreign policy than the middle power; the sense of dominant international conflicts, wherein the superpower is more conscious of East-West differences than North-South inequalities; and differences in political culture. See JAN EGELAND, IMPOTENT SUPERPOWER - POTENT SMALL STATE: POTENTIALS AND LIMITATIONS OF HUMAN RIGHTS OBJECTIVES IN THE FOREIGN POLICIES OF THE UNITED STATES AND NORWAY 175 (1988).
10. Rhoda Howard differentiates more simply according to political cultures, between the individualistic, competitive liberalism of the United States and the social democratic tradition of human rights which is typical in most West European countries, Canada and Australia. See Rhoda E. Howard, Monitoring Human Rights: Problems of Consistency, 4 ETHICS & INT'L AFF. 36-37 (1990). Jack Donnelly sees the size and power of the monitoring state and the structure of the international system as of secondary significance to the state's political culture, which encompasses the distinction between liberalism and social democracy as well as the nature of the specific political system. See JACK DONNELLY, INTERNATIONAL HUMAN RIGHTS 131 (1993).
11. Rhoda Howard differentiates more simply according to political cultures, between the individualistic, competitive liberalism of the United States and the social democratic tradition of human rights which is typical in most West European countries, Canada and Australia. See Rhoda E. Howard, Monitoring Human Rights: Problems of Consistency, 4 ETHICS & INT'L AFF. 36-37 (1990). Jack Donnelly sees the size and power of the monitoring state and the structure of the international system as of secondary significance to the state's political culture, which encompasses the distinction between liberalism and social democracy as well as the nature of the specific political system. See JACK DONNELLY, INTERNATIONAL HUMAN RIGHTS 131 (1993).
12. See EGELAND, supra note 6.
13. See Donnelly, supra note 7.
14. See Howard, supra note 7, at 129.
15. See id.; EGELAND, supra note 6.
16. See Howard, supra note 7, at 35.
17. See EGELAND, supra note 6, at 44-45.
18. LOUIS HENKIN, THE AGE OF RIGHTS 66 (1990).
19. Under the Foreign Assistance Act of 1961 as amended in 1974, foreign aid, military assistance, and the sale of agricultural commodities were denied to states guilty of gross violations of internationally recognized rights, defined as "torture or cruel, inhuman or degrading treatment or punishment, prolonged detention without charges, causing the disappearance of persons by the abduction and clandestine detention of those persons, or other flagrant denial of the right to life, liberty or the security of person." 22 U.S.C. § 2151n(a) and § 2304 (1994). The Secretary of State was also required to transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations, by 31 January each year, a comprehensive report on the human rights conditions of countries receiving foreign assistance and all other foreign countries which were members of the United Nations. See id. at 68.
20. See The Jackson-Vanick Amendments to the Trade Act of 1974, 19 U.S.C.A. § 2193, § 2432, § 2437, and § 2439 (1975).
21. See The Trade Act of 1974, 19 U.S.C.A. § 2101 (1974).
22. It stated that: [T]o assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and not withstanding any other provision of law, on or after January 3, 1975, no nonmarket economy country shall participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country -(1) denies its citizens the right or opportunity to join permanently through emigration, a very close relative in the United States, such as a spouse, parent, child, brother or sister; (2) imposes more than a nominal tax on the visas or other documents required for emigration described in paragraph (1); or (3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate as described in paragraph (1), and ending on the date on which the president determines that such country is no longer in violation of paragraph (1), (2), or (3). 19 U.S.C.A. § 2439.
23. For a detailed discussion of relevant legislation, see LAWYERS' COMMITTEE FOR HUMAN RIGHTS, HUMAN RIGHTS DIPLOMACY AND STRATEGIES: A COUNTRY CASE STUDY OF CHINA 15-40 (1991).
24. See The Foreign Assistance Act of 1961, § 239 (i), 22 U.S.C.A. § 2199 (2001).
25. The International Financial Institutions Act, 22 U.S.C.A. § 262 (1977), in LAWYERS' COMMITTEE FOR HUMAN RIGHTS, supra note 19, at 20.
26. See The McKinley Tariff Act, ch. 1244, 26 Stat. 567 (1890).
27. See The Smoot-Hawley Tariff Act of 1930, 19 U.S.C.A. § 1304 (1930).
28. See The Foreign Assistance Act § 660, 22 U.S.C. § 2420 (2001).
29. US containment of China in the post 1949 period brought economic pressures to bear on the relationship. Between 1974 and 1977 China also used trade pressures to express dissatisfaction with the lack of progress in the establishment of formal diplomatic relations. US-China trade dropped by half, and China diversified its sources of raw materials. For an analysis, see TAN QINGSHAN, THE MAKING OF US-CHINA POLICY: FROM NORMALIZATION TO THE POST-COLD WAR ERA 60-64 (1992).
30. The July 7, 1979 Agreement on Trade relations between the United States and China, 19 U.S.C.A. § 2434 (1979).
31. See id. at 57.
32. See id. at 79-80.
33. As a result of President Carter's intervention, as well as the effect of the Soviet invasion of Afghanistan, Congress retracted its previous insistence that MFN status be extended both to China and the Soviet Union. On 24 January 1980, the House voted 294-88 to approve the trade agreement for China, and the Senate voted 74-8 on the same day.
34. See Roberta Cohen, People's Republic of China: The Human Rights Exception, 9 HUM. RTS. Q. 447 (1987).
35. For literature consulted on the United States, China, and MFN, see generally HARRY HARDING, A FRAGILE RELATIONSHIP: THE UNITED STATES AND CHINA SINCE 1972 (1992); BEYOND MFN: TRADE WITH CHINA AND AMERICAN INTERESTS (James R. Lilley & Wendell L. Wilkie eds., 1994); Robert F. Drinan, S.J. & Teresa T. Kuo, The 1991 Battle for Human Rights in China, 14 HUM. RTS. Q. 21 (1992); David M. Lampton, America's China Policy in the Age of the Finance Minister: Clinton Ends Linkage, 139 CHINA Q. 597, 621 (1994); Andrew J. Nathan, Human Rights in Chinese Foreign Policy, 139 CHINA Q. 622, 643 (1994); James D. Seymour, Human Rights in Chinese Foreign Relations, in CHINA AND THE WORLD: CHINESE FOREIGN RELATIONS IN THE POST-COLD WAR ERA 202-25 (Samuel S. Kim ed., 1994); Holly Burkhalter, Bargaining Away Human Rights: The Bush Administration's Human Rights Policy Towards Iraq and China, 4 HARV. HUM. RTS. J. 105, 116 (1991);
36. For literature consulted on the United States, China, and MFN, see generally HARRY HARDING, A FRAGILE RELATIONSHIP: THE UNITED STATES AND CHINA SINCE 1972 (1992); BEYOND MFN: TRADE WITH CHINA AND AMERICAN INTERESTS (James R. Lilley & Wendell L. Wilkie eds., 1994); Robert F. Drinan, S.J. & Teresa T. Kuo, The 1991 Battle for Human Rights in China, 14 HUM. RTS. Q. 21 (1992); David M. Lampton, America's China Policy in the Age of the Finance Minister: Clinton Ends Linkage, 139 CHINA Q. 597, 621 (1994); Andrew J. Nathan, Human Rights in Chinese Foreign Policy, 139 CHINA Q. 622, 643 (1994); James D. Seymour, Human Rights in Chinese Foreign Relations, in CHINA AND THE WORLD: CHINESE FOREIGN RELATIONS IN THE POST-COLD WAR ERA 202-25 (Samuel S. Kim ed., 1994); Holly Burkhalter, Bargaining Away Human Rights: The Bush Administration's Human Rights Policy Towards Iraq and China, 4 HARV. HUM. RTS. J. 105, 116 (1991);
37. For literature consulted on the United States, China, and MFN, see generally HARRY HARDING, A FRAGILE RELATIONSHIP: THE UNITED STATES AND CHINA SINCE 1972 (1992); BEYOND MFN: TRADE WITH CHINA AND AMERICAN INTERESTS (James R. Lilley & Wendell L. Wilkie eds., 1994); Robert F. Drinan, S.J. & Teresa T. Kuo, The 1991 Battle for Human Rights in China, 14 HUM. RTS. Q. 21 (1992); David M. Lampton, America's China Policy in the Age of the Finance Minister: Clinton Ends Linkage, 139 CHINA Q. 597, 621 (1994); Andrew J. Nathan, Human Rights in Chinese Foreign Policy, 139 CHINA Q. 622, 643 (1994); James D. Seymour, Human Rights in Chinese Foreign Relations, in CHINA AND THE WORLD: CHINESE FOREIGN RELATIONS IN THE POST-COLD WAR ERA 202-25 (Samuel S. Kim ed., 1994); Holly Burkhalter, Bargaining Away Human Rights: The Bush Administration's Human Rights Policy Towards Iraq and China, 4 HARV. HUM. RTS. J. 105, 116 (1991);
38. For literature consulted on the United States, China, and MFN, see generally HARRY HARDING, A FRAGILE RELATIONSHIP: THE UNITED STATES AND CHINA SINCE 1972 (1992); BEYOND MFN: TRADE WITH CHINA AND AMERICAN INTERESTS (James R. Lilley & Wendell L. Wilkie eds., 1994); Robert F. Drinan, S.J. & Teresa T. Kuo, The 1991 Battle for Human Rights in China, 14 HUM. RTS. Q. 21 (1992); David M. Lampton, America's China Policy in the Age of the Finance Minister: Clinton Ends Linkage, 139 CHINA Q. 597, 621 (1994); Andrew J. Nathan, Human Rights in Chinese Foreign Policy, 139 CHINA Q. 622, 643 (1994); James D. Seymour, Human Rights in Chinese Foreign Relations, in CHINA AND THE WORLD: CHINESE FOREIGN RELATIONS IN THE POST-COLD WAR ERA 202-25 (Samuel S. Kim ed., 1994); Holly Burkhalter, Bargaining Away Human Rights: The Bush Administration's Human Rights Policy Towards Iraq and China, 4 HARV. HUM. RTS. J. 105, 116 (1991);
39. For literature consulted on the United States, China, and MFN, see generally HARRY HARDING, A FRAGILE RELATIONSHIP: THE UNITED STATES AND CHINA SINCE 1972 (1992); BEYOND MFN: TRADE WITH CHINA AND AMERICAN INTERESTS (James R. Lilley & Wendell L. Wilkie eds., 1994); Robert F. Drinan, S.J. & Teresa T. Kuo, The 1991 Battle for Human Rights in China, 14 HUM. RTS. Q. 21 (1992); David M. Lampton, America's China Policy in the Age of the Finance Minister: Clinton Ends Linkage, 139 CHINA Q. 597, 621 (1994); Andrew J. Nathan, Human Rights in Chinese Foreign Policy, 139 CHINA Q. 622, 643 (1994); James D. Seymour, Human Rights in Chinese Foreign Relations, in CHINA AND THE WORLD: CHINESE FOREIGN RELATIONS IN THE POST-COLD WAR ERA 202-25 (Samuel S. Kim ed., 1994); Holly Burkhalter, Bargaining Away Human Rights: The Bush Administration's Human Rights Policy Towards Iraq and China, 4 HARV. HUM. RTS. J. 105, 116 (1991);
40. For literature consulted on the United States, China, and MFN, see generally HARRY HARDING, A FRAGILE RELATIONSHIP: THE UNITED STATES AND CHINA SINCE 1972 (1992); BEYOND MFN: TRADE WITH CHINA AND AMERICAN INTERESTS (James R. Lilley & Wendell L. Wilkie eds., 1994); Robert F. Drinan, S.J. & Teresa T. Kuo, The 1991 Battle for Human Rights in China, 14 HUM. RTS. Q. 21 (1992); David M. Lampton, America's China Policy in the Age of the Finance Minister: Clinton Ends Linkage, 139 CHINA Q. 597, 621 (1994); Andrew J. Nathan, Human Rights in Chinese Foreign Policy, 139 CHINA Q. 622, 643 (1994); James D. Seymour, Human Rights in Chinese Foreign Relations, in CHINA AND THE WORLD: CHINESE FOREIGN RELATIONS IN THE POST-COLD WAR ERA 202-25 (Samuel S. Kim ed., 1994); Holly Burkhalter, Bargaining Away Human Rights: The Bush Administration's Human Rights Policy Towards Iraq and China, 4 HARV. HUM. RTS. J. 105, 116 (1991);
41. For literature consulted on the United States, China, and MFN, see generally HARRY HARDING, A FRAGILE RELATIONSHIP: THE UNITED STATES AND CHINA SINCE 1972 (1992); BEYOND MFN: TRADE WITH CHINA AND AMERICAN INTERESTS (James R. Lilley & Wendell L. Wilkie eds., 1994); Robert F. Drinan, S.J. & Teresa T. Kuo, The 1991 Battle for Human Rights in China, 14 HUM. RTS. Q. 21 (1992); David M. Lampton, America's China Policy in the Age of the Finance Minister: Clinton Ends Linkage, 139 CHINA Q. 597, 621 (1994); Andrew J. Nathan, Human Rights in Chinese Foreign Policy, 139 CHINA Q. 622, 643 (1994); James D. Seymour, Human Rights in Chinese Foreign Relations, in CHINA AND THE WORLD: CHINESE FOREIGN RELATIONS IN THE POST-COLD WAR ERA 202-25 (Samuel S. Kim ed., 1994); Holly Burkhalter, Bargaining Away Human Rights: The Bush Administration's Human Rights Policy Towards Iraq and China, 4 HARV. HUM. RTS. J. 105, 116 (1991);
42. Patricia Wing Lau & Jeffrey Sims, Human Rights in Tibet: An Emerging Foreign Policy Issue, 5 HARV. HUM. RTS. J. 193, 203 (1992);
43. Gary W. Vause, Tibet to Tiananmen: Chinese Human Rights and United States Foreign Policy, 42 VANDERBILT L. REV. 1575, 1615 (1989);
44. Robert A. Manning, Clinton and China: Beyond Human Rights, 38 ORBIS 193 (1994);
45. Allen S. Whiting, Chinese Nationalism and Foreign Policy After Deng, 142 CHINA Q. 295, 316 (1995);
46. Alan D. Romberg, The Role of Human Rights in US Foreign Policy and the Implications for Relations with China, in UNITED STATES AND CHINA: RELATIONS AT A CROSSROADS 169 (David M. Lampton & Alfred D. Wilhelm Jr. eds., 1995).
47. For studies of the international sanctions, see INTERNATIONAL LEAGUE FOR HUMAN RIGHTS (TIMOTHY GELATT), BUSINESS AS USUAL . . . ?: THE INTERNATIONAL RESPONSE TO HUMAN RIGHTS VIOLATIONS IN CHINA (New York, 29 May 1991); INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, GETTING DOWN TO BUSINESS: THE HUMAN RIGHTS RESPONSIBILITIES OF CHINA'S INVESTORS AND TRADE PARTNERS (July 1992); LAWYERS' COMMITTEE FOR HUMAN RIGHTS, supra note 19; James D. Seymour, The International Reaction to the 1989 Crackdown in China, EAST ASIAN INSTITUTE (1990); Peter Van Ness, Analysing the Impact of International Sanctions on China, Working Paper 1989/94 (Australian National University, 1989); ANN KENT, BETWEEN FREEDOM AND SUBSISTENCE: CHINA AND HUMAN RIGHTS 185-92, 213-17 (1995).
48. For studies of the international sanctions, see INTERNATIONAL LEAGUE FOR HUMAN RIGHTS (TIMOTHY GELATT), BUSINESS AS USUAL . . . ?: THE INTERNATIONAL RESPONSE TO HUMAN RIGHTS VIOLATIONS IN CHINA (New York, 29 May 1991); INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, GETTING DOWN TO BUSINESS: THE HUMAN RIGHTS RESPONSIBILITIES OF CHINA'S INVESTORS AND TRADE PARTNERS (July 1992); LAWYERS' COMMITTEE FOR HUMAN RIGHTS, supra note 19; James D. Seymour, The International Reaction to the 1989 Crackdown in China, EAST ASIAN INSTITUTE (1990); Peter Van Ness, Analysing the Impact of International Sanctions on China, Working Paper 1989/94 (Australian National University, 1989); ANN KENT, BETWEEN FREEDOM AND SUBSISTENCE: CHINA AND HUMAN RIGHTS 185-92, 213-17 (1995).
49. For studies of the international sanctions, see INTERNATIONAL LEAGUE FOR HUMAN RIGHTS (TIMOTHY GELATT), BUSINESS AS USUAL . . . ?: THE INTERNATIONAL RESPONSE TO HUMAN RIGHTS VIOLATIONS IN CHINA (New York, 29 May 1991); INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, GETTING DOWN TO BUSINESS: THE HUMAN RIGHTS RESPONSIBILITIES OF CHINA'S INVESTORS AND TRADE PARTNERS (July 1992); LAWYERS' COMMITTEE FOR HUMAN RIGHTS, supra note 19; James D. Seymour, The International Reaction to the 1989 Crackdown in China, EAST ASIAN INSTITUTE (1990); Peter Van Ness, Analysing the Impact of International Sanctions on China, Working Paper 1989/94 (Australian National University, 1989); ANN KENT, BETWEEN FREEDOM AND SUBSISTENCE: CHINA AND HUMAN RIGHTS 185-92, 213-17 (1995).
50. For studies of the international sanctions, see INTERNATIONAL LEAGUE FOR HUMAN RIGHTS (TIMOTHY GELATT), BUSINESS AS USUAL . . . ?: THE INTERNATIONAL RESPONSE TO HUMAN RIGHTS VIOLATIONS IN CHINA (New York, 29 May 1991); INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, GETTING DOWN TO BUSINESS: THE HUMAN RIGHTS RESPONSIBILITIES OF CHINA'S INVESTORS AND TRADE PARTNERS (July 1992); LAWYERS' COMMITTEE FOR HUMAN RIGHTS, supra note 19; James D. Seymour, The International Reaction to the 1989 Crackdown in China, EAST ASIAN INSTITUTE (1990); Peter Van Ness, Analysing the Impact of International Sanctions on China, Working Paper 1989/94 (Australian National University, 1989); ANN KENT, BETWEEN FREEDOM AND SUBSISTENCE: CHINA AND HUMAN RIGHTS 185-92, 213-17 (1995).
51. For studies of the international sanctions, see INTERNATIONAL LEAGUE FOR HUMAN RIGHTS (TIMOTHY GELATT), BUSINESS AS USUAL . . . ?: THE INTERNATIONAL RESPONSE TO HUMAN RIGHTS VIOLATIONS IN CHINA (New York, 29 May 1991); INTERNATIONAL LEAGUE FOR HUMAN RIGHTS, GETTING DOWN TO BUSINESS: THE HUMAN RIGHTS RESPONSIBILITIES OF CHINA'S INVESTORS AND TRADE PARTNERS (July 1992); LAWYERS' COMMITTEE FOR HUMAN RIGHTS, supra note 19; James D. Seymour, The International Reaction to the 1989 Crackdown in China, EAST ASIAN INSTITUTE (1990); Peter Van Ness, Analysing the Impact of International Sanctions on China, Working Paper 1989/94 (Australian National University, 1989); ANN KENT, BETWEEN FREEDOM AND SUBSISTENCE: CHINA AND HUMAN RIGHTS 185-92, 213-17 (1995).
52. See Foreign Relations Authorization Act, FY90-FY91, 16 Feb. 1990 (Pub. L. 101-246). See also HARDING, supra note 31, at 232.
53. See Keith Bradsher, Senate Backs Curbs on Beijing's Access to Markets in US, N.Y. TIMES, 26 Feb. 1992, at A1, A9. The latter conditions were laid down by the Senate when it agreed to conference report on bill re-extension of MFN treatment to Chinese products on 25 February 1992. See also THE FEDERAL INDEX 1992 ANNUAL EDITION, vol. 1 (1992), at 374.
54. See Keith Bradsher, Senate Backs Curbs on Beijing's Access to Markets in US, N.Y. TIMES, 26 Feb. 1992, at A1, A9. The latter conditions were laid down by the Senate when it agreed to conference report on bill re-extension of MFN treatment to Chinese products on 25 February 1992. See also THE FEDERAL INDEX 1992 ANNUAL EDITION, vol. 1 (1992), at 374.
55. Nicholas D. Kristof, China Reports Release of 573 Held in Revolt, N.Y. TIMES, 19 Jan. 2990, at A5.
56. Fox Butterfield, Beijing Aims Jail Releases at Influencing US, N.Y. TIMES, 11 May 1990, at A6.
57. See Thomas L. Friedman, US Welcomes Move, N.Y. TIMES, 11 May 1990, at A7.
58. 211 Involved in Turmoil Released, 33 BEIJING REV. 5 (21-27 May 1990).
59. See Clyde H. Farnsworth, Assailing Beijing, House Votes a Rise in China's Tariffs, N.Y. TIMES, 19 Oct. 1990, at A1, A8.
60. For documentation of these continuing practices, see reports by Amnesty International, Human Rights Watch/Asia, and Human Rights in China.
61. For detailed study of the congressional politics, see Drinan & Kuo, supra note 31, at 21-42.
62. See Asia Watch (Human Rights Watch/Asia), The Beijing Trials: Secret Judicial Procedures and the Exclusion of Foreign Observers (27 Feb. 1991).
63. See Information Office of the State Council of the P.R.C., HUMAN RIGHTS IN CHINA (1991) (China's first White Paper on Human Rights).
64. See Chinese Dissident is Freed, Human Rights Group Says, N.Y. TIMES, 1 Nov. 1992, at L6; Sheryl WuDunn, Chinese Dissident Freed from Prison, N.Y. TIMES, 26 Nov. 1992, at A13 .
65. See Chinese Dissident is Freed, Human Rights Group Says, N.Y. TIMES, 1 Nov. 1992, at L6; Sheryl WuDunn, Chinese Dissident Freed from Prison, N.Y. TIMES, 26 Nov. 1992, at A13 .
66. See Nicholas D. Kristof, Chinese Apparently Halt Rights Talks with US, N.Y. TIMES, 25 Nov. 1992, at A12.
67. Yoshikazu Shimuzu, The Clinton Administration's Failed China Policy: Implications of US-China Negotiations over MFN and Human Rights, INSTITUTE REPORTS 3 (East Asian Institute, Columbia University, June 1996).
68. These conditions included: two relating to emigration and prison labor exports, observance of the Universal Declaration of Human Rights, protection of Tibet's distinctive culture, humane treatment of prisoners, allowing international radio and television broadcasts in China, and the release and accounting for of political prisoners. See Lampton, America's China Policy, supra note 31, at 602.
69. See ASIA WATCH, DETAINED IN CHINA AND TIBET: A DIRECTORY OF POLITICAL AND RELIGIOUS PRISONERS 58 (1994).
70. See KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2, at 23.
71. Shimuzu, supra note 46, at 11.
72. Its key points were: reaffirmation by the US of a "One China" policy; US recognition of China's importance as a regional and global player; resumption of high-level contacts, including direct military discussions; liberalizing technology controls on US exports to China; and expansion of financial support for US exports to China. See Richard Brecher, Comprehensive Engagement: Clinton's New China Policy, 21 CHINA BUS. REV. 6 (1994), in Shimuzu, The Clinton Administration's Failed China Policy, supra note 46, at 11-12.
73. Its key points were: reaffirmation by the US of a "One China" policy; US recognition of China's importance as a regional and global player; resumption of high-level contacts, including direct military discussions; liberalizing technology controls on US exports to China; and expansion of financial support for US exports to China. See Richard Brecher, Comprehensive Engagement: Clinton's New China Policy, 21 CHINA BUS. REV. 6 (1994), in Shimuzu, The Clinton Administration's Failed China Policy, supra note 46, at 11-12.
74. See Lampton, supra note 31, at 619.
75. Hardev Kaur, Kinder, Gentler Clinton Shifts US Asia Policy, BUS. TIMES, 30 May 1994, at 20.
76. Sophia Woodman, From the Editor, CHINA RTS. FORUM 2 (Summer 1994) (author's underlining).
77. Kaur, supra note 53, at 20.
78. Id.
79. Id.
80. See Robin Wright & Jim Mann, Clinton Outlines Program Aimed at Human Rights in China, L.A. TIMES, 31 May 1994, at A6.
81. On 9 August the House of Representatives, by a vote of 356-75, overwhelmingly rejected a resolution from Republican George Solomon urging Congress to revoke MFN outright. It then voted by 280 votes to 152 for legislation endorsing Mr. Clinton's decision to delink MFN and human rights. Finally, it convincingly defeated by 270 votes to 158 an alternative version proposed by Nancy Pelosi that would have revoked MFN on products of Chinese state-owned industries, including those produced by the People's Liberation Army. A bill similar to Pelosi's had been introduced in the Senate by Democratic leader George Mitchell, but the House vote made any Senate action irrelevant. See Simon Beck, Clinton MFN Verdict Backed, S. CHINA MORNING POST, 11 Aug. 1994, at 9.
82. See Susumu Awanohara & Lincoln Kaye, Full Circle, 157 FAR E. ECON. REV. 15 (9 June 1994).
83. See Willy Wo-Lap Lam, Agents Hunt 120 Dissidents, S. CHINA MORNING POST, 22 June 1994, at 9.
84. HUMAN RIGHTS WATCH/ASIA, PRESSURE OFF, CHINA TARGETS ACTIVISTS (1994).
85. Geoffrey Crothall, Crackdown on Dissent Follows MFN Decision, S. CHINA MORNING POST, 29 July 1994, at 11.
86. See Ted Plafker, Human Rights in Danger of Being Forgotten, S. CHINA MORNING POST, 5 Sept. 1994, at B3.
87. John Kohut, Business Deal and Rights Pledge Delight Brown, S. CHINA MORNING POST, 31 Aug. 1994, at 1.
88. As on all previous occasions since 1990, part from 1995, the 2001 draft resolution on the situation of human rights in China (E/CN.4/2001/L.13) was not acted on by the Commission, since, in a roll-call vote of 23 for, and 17 against, and 12 abstentions, the Commission passed the no-action motion requested by China. See UN Press Release, Commission on Human Rights Adopts Resolutions on the Right to Development and Lebanese Detainees Held by Israel, 18 Apr. 2001, at 1-2, available on 〈http:// www.unhchr.ch/〈.
89. International Religious Freedom Act of 1998, 22 U.S.C.A. § 6401 (1998).
90. See US Policy Options toward China: Rule of Law and Democracy Programs, Hearing before the Subcommittee on Asia and the Pacific of the Committee on International Relations, House of Representatives, 105th Congress, 2nd Sess., 30 Apr. 1998, at 2; (letter from John Kamm) (22 Apr. 2001).
91. The White House China Trade Relations Working Group, China's Human Rights Record, Online NewsHour (6 Apr. 2000) 〈http://www.pbs.org/newshour〉 (visited 14 Mar. 2001).
92. He claimed: "By forcing China to slash subsidies and tariffs that protect inefficient industries, which the Communist Party has long used to exercise day-to-day control, by letting our high-tech companies in to bring the Internet and the information revolution to China, we will be unleashing forces that no totalitarian operation . . . can control." Arshad Mohammed, Clinton Calls China Vote Moral Imperative, REUTERS CHINA NEWS, 21 May 2000.
93. China's Accession to the WTO and Human Rights, Online NewsHour (16 Feb. 2000) 〈http://www.pbs.org/newshour〉 (visited Apr. 9, 2001).
94. Universal Declaration of Human Rights, adopted 10 Dec. 1948, G.A. Res. 217A (III), U.N. GAOR, 3d Sess. (Resolutions, pt. 1), at 71, U.N. Doc. A/810 (1948), reprinted in 43 AM. J. INT'L L. 127 (Supp. 1949).
95. For analysis, see KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2, at 71-72. See also Tao-tai Hsia & Wendy Zeldin, Law Library of Congress, China: Legal Developments in the Rule of Law, in US Policy Options, supra note 68, at 96-102
96. For analysis, see KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2, at 71-72. See also Tao-tai Hsia & Wendy Zeldin, Law Library of Congress, China: Legal Developments in the Rule of Law, in US Policy Options, supra note 68, at 96-102
97. KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2, at 194-215.
98. See Department of Foreign Affairs and Trade, Report of the Second Australian Human Rights Delegation to China, 8-20 November 1992 (10 Mar. 1993); Visit to China by the Delegation led by Lord Howe of Aberavon: Report (London, HMSO, 1993); LAWYERS' COMMITTEE FOR HUMAN RIGHTS, CRIMINAL JUSTICE WITH CHINESE CHARACTERISTICS (1993).
99. See Department of Foreign Affairs and Trade, Report of the Second Australian Human Rights Delegation to China, 8-20 November 1992 (10 Mar. 1993); Visit to China by the Delegation led by Lord Howe of Aberavon: Report (London, HMSO, 1993); LAWYERS' COMMITTEE FOR HUMAN RIGHTS, CRIMINAL JUSTICE WITH CHINESE CHARACTERISTICS (1993).
100. See Department of Foreign Affairs and Trade, Report of the Second Australian Human Rights Delegation to China, 8-20 November 1992 (10 Mar. 1993); Visit to China by the Delegation led by Lord Howe of Aberavon: Report (London, HMSO, 1993); LAWYERS' COMMITTEE FOR HUMAN RIGHTS, CRIMINAL JUSTICE WITH CHINESE CHARACTERISTICS (1993).
101. See Freedom index, cited in S. CHINA MORNING POST, 24 Nov. 1991; CHARLES HUMANA, WORLD HUMAN RIGHTS GUIDE 72-75 (1992).
102. See Freedom index, cited in S. CHINA MORNING POST, 24 Nov. 1991; CHARLES HUMANA, WORLD HUMAN RIGHTS GUIDE 72-75 (1992).
103. For a general assessment of China's human rights before 1992, see KENT, BETWEEN FREEDOM AND SUBSISTENCE, supra note 32.
104. See KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2, at 232-50.
105. Drinan & Kuo, supra note 31.
106. See Minxin Pei, Testimony before the Asia-Pacific Subcommittee of the House International Relations Committee, in US Policy Options, supra note 68, at 92.
107. See Kaur, supra note 53.
108. See Amnesty International Testimony, US-China Relations and Human Rights: Is Constructive Engagement Working?, before the House International Relations Committee, International Operations and Human Rights, in US/CHINA RELATIONS AND HUMAN RIGHTS: IS CONSTRUCTIVE ENGAGEMENT WORKING? 86 (Christopher Smith ed., 1998).
109. For instance, as the debate on PNTR began in the US Senate, Chinese dissidents in Hong Kong claimed that at least thirty members of the Falun Gong sect had died after being tortured and beaten, and that an estimated 47,000 practitioners had been jailed, purged, or sent to labor camps to be re-educated. See Eric Schmitt, As Vote on China Trade Bill Nears, Senate Looks to Smooth its Passage, N.Y. TIMES, 6 Sept. 2000; Chinese Dissidents Report Deaths of 30 Falun Gong Sect Members, EFE via Comtex, REUTERS CHINA NEWS, 6 Sept. 2000. See also U.S. STATE DEPT., COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1993 (1994).
110. For instance, as the debate on PNTR began in the US Senate, Chinese dissidents in Hong Kong claimed that at least thirty members of the Falun Gong sect had died after being tortured and beaten, and that an estimated 47,000 practitioners had been jailed, purged, or sent to labor camps to be re-educated. See Eric Schmitt, As Vote on China Trade Bill Nears, Senate Looks to Smooth its Passage, N.Y. TIMES, 6 Sept. 2000; Chinese Dissidents Report Deaths of 30 Falun Gong Sect Members, EFE via Comtex, REUTERS CHINA NEWS, 6 Sept. 2000. See also U.S. STATE DEPT., COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1993 (1994).
111. For instance, as the debate on PNTR began in the US Senate, Chinese dissidents in Hong Kong claimed that at least thirty members of the Falun Gong sect had died after being tortured and beaten, and that an estimated 47,000 practitioners had been jailed, purged, or sent to labor camps to be re-educated. See Eric Schmitt, As Vote on China Trade Bill Nears, Senate Looks to Smooth its Passage, N.Y. TIMES, 6 Sept. 2000; Chinese Dissidents Report Deaths of 30 Falun Gong Sect Members, EFE via Comtex, REUTERS CHINA NEWS, 6 Sept. 2000. See also U.S. STATE DEPT., COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1993 (1994).
112. See The Clinton Years (PBS Home Video 1999).
113. See Steven Mufson, US Issues Warning on Travel to China, WASH. POST, 20 Apr. 2001, at A16.
114. John Kamm, Accounting for China's Prisoners: Implications for Humanitarian Intervention and Systemic Reform, Contemporary China Centre Seminar, Australian National University, Canberra (8 June 2000).
115. See id.
116. Interview with Chinese human rights expert, Canberra, Australia (Aug. 2001).
117. See White House China Trade Relations Working Group, supra note 69.
118. For an analysis, see KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2, at 204.
119. Crossette, US is Voted Off Rights Panel, supra note 4. China and Cuba, in particular, expressed satisfaction at the outcome of voting.
120. See EGELAND, supra note 6;
121. DONNELLY, supra note 7.
122. For details of Forum, see Asia Pacific Forum of National Human Rights Institutions, Report on Forum Activities, http://www.apf.hreoc.gov.au.
123. See Ann Kent, Australia and the International Human Rights Regime, in AUSTRALIA IN WORLD AFFAIRS, 1996-2000 (James Cotton & John Ravenhill eds., forthcoming 2001).
124. See id.
125. See Ann Kent, Human Rights, in AUSTRALIAN FOREIGN POLICY: INTO THE NEW MILLENNIUM 164-65 (F.A. Mediansky ed., 1997).
126. See GARETH EVANS & BRUCE GRANT, AUSTRALIA'S FOREIGN RELATIONS: IN THE WORLD OF THE 1990s 153-62 (2d ed. 1995).
127. Evans has written Aid has an obviously important role to play in improving human rights in the broadest sense of the term . . . But experience has shown that it is not necessarily helpful to try to directly link - as some advocate - the level of Australian aid to the recipient's human rights performance in any obvious carrot-and-stick fashion. Id. at 161. For philosophy of foreign aid, see JOINT STANDING COMMITTEE ON FOREIGN AFFAIRS, DEFENCE AND TRADE, A REVIEW OF AUSTRALIA'S EFFORTS TO PROMOTE AND PROTECT HUMAN RIGHTS 69-73 (Commonwealth Parliament, Nov. 1994).
128. See Howard, supra note 7.
129. See Ann Kent, Australia and China: Asymmetry and Congruence in an Evolving Relationship, 1966-1996, INSTITUTE REPORTS (East Asian Institute, Columbia University, Dec. 1996).
130. See KIM RICHARD NOSSAL, THE BEIJING MASSACRE: AUSTRALIAN RESPONSES 49-52 (1993).
131. Minister of Foreign Affairs and Trade, Delegation to Visit China to Discuss Human Rights, News Release (5 May 1992).
132. Department of Foreign Affairs and Trade, Report of the Australian Human Rights Delegation to China, 14-26 July 1991, at ix-xiii, 37 (9 Sept. 1991).
133. See id. at 1. Between 14 and 26 July 1991, the delegation visited Beijing, Chengdu (Sichuan, Tibet, and Shanghai. In Beijing they visited the People's Institute of Foreign Affairs; the Ministry of Public Security; the Supreme People's Procuratorate and the Supreme People's Court; the Ministry of Justice; Defense lawyers; the State Council Information Office; the Religious Affairs Bureau; International Organizations Department, Ministry of Foreign Affairs; and Beijing No 1 Prison. See id. at 39.
134. Id.
135. Id.
136. Id.
137. Id.
138. See id.
139. Department of Foreign Affairs and Trade, supra note 102, at 68.
140. See id.
141. Id. at 75-77.
142. According to a member of the delegation, Chinese officials strongly objected to this section of the report.
143. See also KENT, BETWEEN FREEDOM AND SUBSISTENCE, supra note 32, at 217-18.
144. Department of Foreign Affairs and Trade, Report of the Second Australian Human Rights Delegation to China, 8-20 November 1992, at 3-4 (10 Mar. 1993).
145. See id.
146. Id. at 23, 34, 35.
147. See id.
148. See id.
149. See id. at 84-86.
150. Debriefing by delegation to original briefing panel, Parliament House, Canberra, 15 Dec. 1992. (On file with author.)
151. Id.
152. JOHN BRAITWAITE, CRIME, SHAME AND REINTEGRATION (1989).
153. See Kent, supra note 99, at 373.
154. See Henry S. Albinski, Responding to Asia-Pacific Human Rights Issues: Implications for Australian-American Relations, 50 AUSTRALIAN J. INT'L AFF. 43-58 (1996).
155. For a detailed analysis of European, Brazilian, and Australian dialogue delegations, see HUMAN RIGHTS IN CHINA, FROM PRINCIPLE TO PRAGMATISM: CAN "DIALOGUE" IMPROVE CHINA'S HUMAN RIGHTS SITUATION? (1998). See also KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2; Ann Kent, Form over Substance: The Australia-China Bilateral Human Rights Dialogue, CHINA RTS. FORUM 30-33, 46 (Sept. 1999).
156. For a detailed analysis of European, Brazilian, and Australian dialogue delegations, see HUMAN RIGHTS IN CHINA, FROM PRINCIPLE TO PRAGMATISM: CAN "DIALOGUE" IMPROVE CHINA'S HUMAN RIGHTS SITUATION? (1998). See also KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2; Ann Kent, Form over Substance: The Australia-China Bilateral Human Rights Dialogue, CHINA RTS. FORUM 30-33, 46 (Sept. 1999).
157. For a detailed analysis of European, Brazilian, and Australian dialogue delegations, see HUMAN RIGHTS IN CHINA, FROM PRINCIPLE TO PRAGMATISM: CAN "DIALOGUE" IMPROVE CHINA'S HUMAN RIGHTS SITUATION? (1998). See also KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2; Ann Kent, Form over Substance: The Australia-China Bilateral Human Rights Dialogue, CHINA RTS. FORUM 30-33, 46 (Sept. 1999).
158. The only publication issuing from it was a brief report, containing an itinerary and a short list of issues raised, by the first parliamentarian to take part in the dialogue, Peter Nugent, who was obliged by parliamentary rules to issue a personal report. See Report of the Parliamentary Representative on the Australian Delegation the Third Round Australia-China Bilateral Human Rights Dialogue, Beijing, 14-21 August 1999 (18 Oct. 1999).
159. Although author cannot reveal sources, she can verify accuracy of information.
160. Bob Burton, Politics - China, Australia Tussle over Rights, Missle System, REUTERS CHINA NEWS 17 Aug. 2000.
161. See Interview with human rights expert, in Canberra (7 Sept. 2000).
162. See The Native Title Act, 1993, No. 110 of 1993 (Austl.).
163. Scott Hillis, Australia Pledges Human Rights Aid to China, REUTERS CHINA NEWS, 14 Aug. 1997; Dept. of Foreign Affairs and Trade letter, 15 July 1999 (on file with author).
164. They had a full schedule, organized by the Attorney General's Department, involving an introduction to Australia's Constitutional framework and human rights protection, including a discussion of the separation of powers; talks with the Human Rights Sub-Committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade; with the Senate Regulation and Ordinances Committee; with the Joint Standing Committee on Treaties; the Department of the Parliamentary Library; with the Institute of Criminology; and the Office of the Status of Women. Lectures included discussions of the relationship between international human rights law and domestic law; and an introduction to reporting to UN Committees. See Human Rights Technical Assistance Program, Attorney General's Department, 13-25 May 2000.
165. For details of activities, see Australian Dept. Of Foreign Affairs & Trade, Australia-China Human Rights Technical Cooperation Program, http:/www.dfat.gov.au/hr/achrd/hrta.html.
166. Hillis, supra note 131.
167. See also an excellent article, Bruce Gilley, Real Aid, No Band-Aids: Promoting Democracy in China, ASIAN WALL ST. J., 4 Mar. 2001, at 4.
168. For government's response to criticisms by the UN Committee on the Elimination of Racial Discrimination and the UN Committee on Human Rights, see Geoffrey Barker, UN-friendly, AUSTLN. FIN. REV., 17 July 2000, at 30. For UN criticisms of the Australian government's policy towards Aboriginals and refugees, see Summary record of the 1856th meeting: Australia, U.N. Doc. CCPR/C/SR.1856 (2000); Concluding Observations by the Committee on the Elimination of Racial Discrimination: Australia, U.N. Doc. CERD/C/304/Add.101 (2000).
169. For government's response to criticisms by the UN Committee on the Elimination of Racial Discrimination and the UN Committee on Human Rights, see Geoffrey Barker, UN-friendly, AUSTLN. FIN. REV., 17 July 2000, at 30. For UN criticisms of the Australian government's policy towards Aboriginals and refugees, see Summary record of the 1856th meeting: Australia, U.N. Doc. CCPR/C/SR.1856 (2000); Concluding Observations by the Committee on the Elimination of Racial Discrimination: Australia, U.N. Doc. CERD/C/304/Add.101 (2000).
170. For government's response to criticisms by the UN Committee on the Elimination of Racial Discrimination and the UN Committee on Human Rights, see Geoffrey Barker, UN-friendly, AUSTLN. FIN. REV., 17 July 2000, at 30. For UN criticisms of the Australian government's policy towards Aboriginals and refugees, see Summary record of the 1856th meeting: Australia, U.N. Doc. CCPR/C/SR.1856 (2000); Concluding Observations by the Committee on the Elimination of Racial Discrimination: Australia, U.N. Doc. CERD/C/304/Add.101 (2000).
171. China's response to the human rights treaty system has been more cooperative. See KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2.
172. For a comparative analysis, see Albinski, supra note 124; see also Ann Kent, The Limits of Ethics in International Politics: The International Human Rights Regime, 16 ASIAN STUD. REV. 26-35 (1992).
173. For a comparative analysis, see Albinski, supra note 124; see also Ann Kent, The Limits of Ethics in International Politics: The International Human Rights Regime, 16 ASIAN STUD. REV. 26-35 (1992).
174. See Telephone interview with government expert, in Canberra (27 June 1995).
175. For details of their support see US Policy Options, supra note 68, at 77-88; interview with Sydney Jones, Human Rights Watch/Asia, in Canberra (21 July 1995).
176. See Minister of Foreign Affairs and Trade, supra note 102; Minister of Foreign Affairs and Trade, supra note 114.
177. See supra notes 6-7.
178. See KENT, CHINA, THE UNITED NATIONS AND HUMAN RIGHTS, supra note 2, at 194-215; Highlights from the Noon Briefing of Fred Eckhard, Spokesman of the UN Secretary General, New York, 28 Mar. 2001 (http:/www.un.org/News/ossg/hilities.htm). He announced that on 27 March, China became the 148th country to ratify the ICESCR.