CHINESE AND U.S. HUMAN RIGHTS LAW; HOW CULTURE AND PHILOSOPHICAL THEORY INFLUENCE IMPLEMENTATION OF POLICIES AND THE NATIONAL AGENDA
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This thesis begins with a brief history ofU.S.-China relations, government structure, and differing human rights philosophies and theories. Treaties signed by both parties are discussed. Chapter 2 defines human rights law and international human rights law. A literature review is presented. Chapter 3 analyzes the Tibet Question legally and culturally, and the PRC's implementation of the Right of Self Determination. Chapter 4 will seek to analyze the second of three case studies: PRC alleged human rights violations of international labour laws. Chapter 5 will analyze the third case study, which is censorship by the PRC government and its violations against the Universal Declaration of Human Rights. Chapter 6 serves as a general analysis of the three case studies and what they illustrate about the relationship between culture and implementation of human rights. Chapter 7 concludes that human rights are theoretically universal but implemented with cultural influences from differing philosophies. This thesis argues that the People's Republic of China and the United States of America agree on a universal goal for international human rights, but have differing priorities in implementation due to different worldviews and national goals. The two have differing agendas, histories and are at different stages of development with differing perceptions of where the country should head into the future.