Abstract: The Belt and Road Initiative makes an important contribution to the right to development in theory and practice in the current world. Since the reform and opening-up, the Chinese government puts the rights to subsistence and development before any other human right, which effectively guarantees and accelerates a rapid economic development in China. Nowadays, countries along the Belt and Road have joined a “community of common destiny”. Inside the “community of common destiny,” countries have enjoyed not only the responsibility, rights and benefit of the right to development, but also a win-win cooperation that ensured the right to development. Therefore, the Belt and Road initiative enriches the UN Declaration on the Right to Development, and “community of common destiny” of countries becomes a higher form of the right to development.

 

Keywords: right to development, the Belt and Road Initiative,  community of common destiny

 

In 2013, President Xi Jinping of China put forward the important proposal of the Belt and Road Initiative to the international society, which gained the attention from the international society and responses from many countries. Meanwhile, however, some western media talked about a “neocolonialism” from time to time, insulting the proposal. What is the relation between the Belt and Road Initiative and the right to development of the countries along the Belt and Road? Can it promote and realize the right to development mentioned in the Declaration on the Right to Development by UN? What contributions can it make to the theory of the world’s right to development? The paper is to explore all of these questions.

 

 

Countries are one of the subjects of the right to development. The aim of studying the current situation of right to development at a country level is to explore the relations between the national development and the international politics as well as the economic order—to find out the factors and systems that affect or even impede the development of developing countries and those that could be further exploited or improved, thus helping the developing countries gain more opportunities for development and set up more effective development mechanism.

 

First, the right to development has become an unquestionable right. In 1972, Keba M’Baye, a member of the United Nations Commission on human rights (UNCHR) proposed the concept of “right to development” in his speech The Right to Development as a Human Right. In 1981, Article 22 of the African Charter on Human and People’s Rights pointed out that “all peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.” [The project team of international human rights, Course on the International Human Rights Law, Volume 2 (collection of document), China University of Political Science and Law Press, 2002, p. 215] On December, 4, 1986, resolution 41/128 by the United Nations General Assembly adopted the Declaration on the Right to Development. Therefore, the right to development has been recognized as an official right by UN document. In 1990, the United Nations Development Program (UNDP) has established the human development index. After continuous development, three indicators of this index—life expectancy, adult literacy rate and GDP per capita—became adequate guidance for the identification and the developing ways of developing countries. In 1992, the Rio Declaration on Environment and Development proposed that the right to development be promoted by a higher level of cooperation among states, important societal departments and the people; in 1993, the Vienna Declaration and Programme of Action redefined the right to development and reaffirmed that the right to development was a universal and inalienable right and an integral part of fundamental human rights. In 2007, the UN passed the Declaration on the Rights of Indigenous Peoples, calling on the international society to pay more attention to the rights of 370 million marginalized indigenous peoples of extreme poverty especially the right to development, which marked that the right to development has become a very important human right.

 

Second, the right to development undergoes the circulation of “controversy, supplement and enrichment” since its proposal. We should firstly acknowledge that the proposal of the right to development not only enriches the content of human rights, but also creates positive effects in changing the irrational order of international economy. However, so far we haven’t reached a consensus on questions like what kind of right it is—individual or collective—and how do we operate and realize the right to development for the individuals or the collectives. The reason is that development is a dynamic progress, linked with many factors, and does not have a fixed model or set of standards. Therefore, Professor Wang Xigen argues, “the basic way of defining the right to development lies in whether we can identify a general law that fits the realistic conditions and features of our times, and reflects in the joints of the past and future and the special and common.”1 And the webpage of UN human rights affairs has been continuously enriching and improving the meaning of the right to development, for example, OHCHR observes, “a debate has been raging in the halls of the United Nations and beyond. On one side, proponents of the right to development assert its relevance (or even primacy) and, on the other hand, sceptics (and rejectionists) relegated this right to secondary importance, or even deny its very existence.”2 However, “we, heads of State and Government… are committed to making the right to development a reality for everyone and to freeing the entire human race from want.”3

 

Third, the obstacles in the way of developing countries to realizing the right to development also change under the trend of globalization. With the acceleration of global economic integration since the 1990s, the interaction and connection between countries become more frequent, especially the flow of personnel and capital which has become more convenient. That has given developing countries with new development opportunities as well as difficulties. Meanwhile, the way that developed countries impede developing countries has also changed. On the one hand, developing countries, especially underdeveloped countries, lack the capacities of developing themselves. Though   stresses that countries have rights and obligations to create the responsibilities that would realize the right to development, it is hard to change the situation of “development difficulties” or “failure to develop” by the sole efforts of one or a few countries. For example, in the 1990s, 57% of the world population are of extreme poverty, living in sub-Sahara Africa. The rate has decreased to 41% by 2015, but sub-Sahara Africa’s problem of extreme poverty remains.4 On the other hand, globalization creates convenience for developed countries to harry the developing and the least developed countries, and the exploiters evolved from the open plunder of raw materials to the dumping of market products and from the reduction of cost to the huge absorption of hi-tech talents. With the protection of the so-called “intellectual property” armored by laws like Paris Convention for the Protection of Industrial Property, their plunder seems to be “fair,” but the more secret form of plunder is the invisible “hot money.” For example, Wall Street and the London Stock Exchange (LSE) largely affect or even control the economic lifeline of the emerging developing countries. In addition, some global issues like global warming also prevent developing countries from development. However, some developed countries, instead of changing their luxurious ways of life and shouldering related legal responsibilities and obligations, prefer to demand developing countries like China and India to stop work and production for a lower carbon emission, which would be reduced yet at the cost of development.

 

Fourthly, the regional organizations of economic cooperation and free trade zones have served as important ways of achieving the right to development. If the foregoing third point prevents developing countries from realizing the right to development, then joining a certain regional economic cooperation organization or free trade zone largely makes it possible for them to achieve such right. Since the 1960s, the regional economic integration and the establishment of free trade zone have become significant methods for nations and regions to develop their economies. Up till 2013, there are over 30 famous regional organizations economic cooperation or free trade zones in the world, including the North America Free Trade Zone (NAFTA), European Union (EU), “ASEAN 10+1” and over 1,200 smaller-scale organizations and zones. Among them, 425 have been set up by 15 developed countries, accounting for 35.4%, and 775 by over 67 developing countries, for 64.6%. The regional economic cooperation organizations are intended to optimally integrate the regional resource endowment, making certain regional industries more competitive in the international market. Likewise, the free trade zones are established to eliminate all or a majority of tariffs of import and export commodities through agreement among nations, and permit free storage and processing in the designated areas. This promotes the development of economy and foreign trade in the region. Basically, the earlier regional economic cooperation organizations were like clubs of great powers, such as the EU. To allow for complementary advantages, later some developing countries joined the European Union. The “ASEAN 10+1,” on the other hand, consists mainly of developing countries. The establishment of such free trade zone not only enables the region to gain the most potential for growth, but also offers an opportunity for the member states to enjoy the right to development.

 

In conclusion, for the past forty years since 1986 when Declaration on the Right to Development was passed, the nation-oriented theory of right to development undergoes constant update and improvement. Currently, the global economic pattern has witnessed a series of dramatic changes comparing with the year of 1986 when Declaration on the Right to Development was passed by the United Nations, and the greatest change is that a number of developing countries have obtained development opportunities by joining an economic cooperation organization or free trade zone. Thanks to the reform and opening-up, China has grown to be the world’s second economy and may become the No.1 investor over the past four decades. The rise of China will inevitably offer a new material for the UN’s theory of the right to development. The Belt and Road initiative proposed by the Chinese government is a sort of brand-new international economic mechanism, which can be yet another exploration in promoting the theory and practice of the right to development.

 

 

In 2013, Chinese government made the initiative to the world to carry out the construction of the Belt and Road, another new international regime following the most-favored-nation-treatment, WTO and “ASEAN 10+1”. It will provide tremendous development opportunities for the countries along the Belt and Road, and help achieve the right to development for developing and extremely poor countries along the Belt and Road.

 

As an international economic mechanism seeking resource endowment complementarity and win-win cooperation, the construction of the Belt and Road involves developed countries, developing countries and extremely poor countries. Among the 65 countries along the Belt and Road, there are only about a dozen of developed countries to an international neighborhood of developing countries and least developed countries. Though what qualifies one to be a developing country has not been defined yet, in 2011, the World Bank divides the global economies into four groups: the ones with an average income less than 1,005 dollars fall to the group of low-income economy, the ones with an average income between 1,006 and 3,975 dollars to low and middle income economy, the ones with an average income between 3,976 and 12,275 dollars to middle and high income economy, and the ones with an average income greater than 12,276 dollars to high income economy. The least developed countries and developing countries normally constitute the first three groups. Among the 10 ASEAN countries, only Singapore and Brunei are developed countries, and all of the rest are developing countries. Among the 18 West Asian countries, Qatar, the world’s third richest country, and other countries including Bahrain, Saudi Arabia, Yemen, Oman, the UAE and Israel, are considered developed countries. The other countries are still developing countries. The income per capital of Pakistan ranks below the 180th place globally, making Pakistan one of the least developed countries. The eight countries in South Asia including India, Bangladesh and Afghanistan are still in the course of development. Among the five Central Asian countries and the seven CIS countries, Russia may be classified as a developed country, and the rest are still developing countries. The sixteen countries in Central and Eastern Europe are all developed countries.

 

Taking developing countries as the major actors in the construction of the Belt and Road is not only because the developing countries and least developed countries urgently require development, but also because developing countries possess great potential for it. The developing countries and least developed countries along the Belt and Road have several different characteristics: a) low life standard, such as Bangladesh; b) low productivity, such as Afghanistan; c) rapid population growth and heavy burden of supporting one’s family, such as Pakistan; d) high unemployment rate and underemployment, such as Turkey; e) excessive dependence on agriculture, such as Laos; f) disadvantaged position in international relations, such as Syria; and g) underdeveloped market economy, such as Burma. Among the above-mentioned characteristics, the underdeveloped market economy is the most fundamental feature.

 

Concerned by the above-mentioned factors (characteristics) for years, the foregoing developing and underdeveloped countries are in desperate need for development and to get rid of the poverty and plight. China, being the world’s second largest economy, is likely to help the countries along the Belt and Road to grow with its achievements made over the past three decades since the reform and opening-up, as well as achieve a win-win situation. Reasons are: first, as the traditional economic powers have gone passed the peak period of “capital going global,” the developing countries can hardly expect to obtain any more assistance from them. For instance, as the US, Japan and three European countries including the UK, Germany and France have entered the period of their “re-industrialization,” the industry backflow and domestic demand for capital make it difficult for these countries to invest in the above-mentioned developing countries. Second, China is partly a country of excess capital and longs for capital export. According to the data released by China’s Ministry of Commerce, China has become a net capital exporter in 2014 and made a foreign investment of 140 billion dollars in 2015, compared to only 2.7 billion dollars in 2002. The figure has increased by over 40 times in about a decade.5 With the construction of the Belt and Road continuously moving forward, China will soon replace the US to become the world’s largest capital exporter. Moreover, the establishment of Asian Infrastructure Investment Bank (AIIB) will serve as a good platform for China’s capital export. Third, China has an excess production capacity and large-scale infrastructure construction capability. China’s excess capacity is basically consistent with the demand of countries along the Belt and Road, and the country’s infrastructure construction capability is what developing countries need in developing their economy, such as the construction of Pan-Asia high-speed railway that will surely fuel the economic growth of the sub-region of the Mekong River.

 

However, the Belt and Road Initiative aimed to benefit developing countries has been violently attacked and accused by some western media, contending that China is proceeding the neocolonialism under the cover of the Belt and Road Initiative which in essence is the Chinese version of the Marshall Plan. Indeed, a century ago, the western powers opened the gate of non-western countries through preaching, immigration, trade and the infamous slave trade guarded by their powerful weapons—there were barely any country outside the European continent spared. And now the offspring of western colonizers are even equating the criminal history of their own ancestors with the Belt and Road Initiative. Such comparison has shown nothing but the continuance of the Cold War mentality of some western countries, because China’s Belt and Road Initiative is obviously nothing like the western colonialism. China was the very victim of their colonialism a hundred years ago, so the Chinese government knows best the misery that the western colonialism imposed on the colonized countries. China’s Belt and Road Initiative, on the other hand, brings no neocolonialism but an opportunity of cooperation and mutual benefits to the countries along the Belt and Road and finally the right to development that is clearly stated by the United Nations. In addition, the foundation of cooperation of the Belt and Road Initiative is not any ideology but a Chinese culture of harmony. In the following section, I will elucidate how the Belt and Road Initiative will enhance the right to development of the countries along the line from the jurisprudential perspective.

 

 

In 2016, President Xi Jinping spoke on many occasions including the SCO Summit and Boao Forum for Asia that China “is willing to expand its joint interests with all countries to promote the establishment of a new international relationship focused on the cooperation and mutual benefits and a community of common destiny and interests”.6 On the instruction meeting for promoting the Belt and Road Initiative held on August 17, 2016, President Xi required the related parties “to hold on to the principle of achieving shared growth through discussion and collaboration, equality and mutual benefits, ...make full use of development as the greatest common divisor of all countries and benefit not only the Chinese people, but also people of all countries along the Belt and Road.”7 Therefore, to establish a community of common responsibility, common interests and common destiny where every member state is treated with respect and equality to achieve cooperation, mutual benefits and common development is not only the starting point and objective of the Belt and Road Initiative, but also of the jurisprudential analysis on the Initiative.

 

First, a jurisprudential analysis of the community of common responsibility. Responsibility is the obligation founded upon some fact from which a rational contract between two parties or among multiple parties is reached based on the will and freedom to choose without any temptation, fraud or coercion. The community of common responsibility proposed by the Chinese government for the Belt and Road Initiative is an agreement or a rational behavior under market contract between China and other countries. This agreement or market contractual behavior is based upon the fact that it was the Chinese government that proposed the Belt and Road, and any country that wants to be a part of this plan must bear certain obligation. Between fact and obligation, we have responsibility. As the initiator of the Belt and Road Initiative and the world’s second largest economy, China must shoulder the major responsibility. This responsibility is, as mentioned in Oppenheim’s International Law, “a major responsibility for the entire international society rather than one single country.”8 As a matter of fact, Article 3 of the Declaration on the Right to Development asserts that “states have the duty to co-operate with each other in ensuring development and eliminating obstacles to development.” And Article 4 points out that “as a complement to the efforts of developing countries, effective international co-operation is essential in providing these countries with appropriate means and facilities to foster their comprehensive development.”9 The Belt and Road Initiative and the community of common responsibility composed by countries along the Belt and Road have responded to and practiced the articles on cooperation and responsibility in the UN Declaration on the Right to Development.

 

Second, a jurisprudential analysis on the “community of common interest.” Interest refers to products needed to satisfy man’s material and spiritual desires. The word “common” always calls for the definition of a community, which can be an organization, a region, a country or even the entire human society Common interest is defined as the part of interest shared by all members when the summation of interest of an organization exceeds the normal interest of each single member. It is the interest that bonds together the countries along the Belt and Road Initiative. The interest is for China, countries along the line and the entire humanity. The common interest of the entire humanity is abstract yet definite. Speaking from a jurisprudential perspective, according to American Scholar Edgar Bodenheimer’s definition, common interest is neither the summation of interests pursued by all individuals nor the interest of the entire human race, but rather the total value of the things created in a society through cooperation of individuals. This common interest should be “in accordance with the wish of the greatest majority of the people in our time.”10 As far as the world is concerned, the majority of the developing countries are in poverty because of an unreasonable world economic order. Therefore, it is compliant with the common interest of most people in the world to support the Belt and Road Initiative and realize the wish of economic growth, cooperation and mutual benefits of countries along the Belt and Road. Sharing this common interest, these countries become the “community of common interest.”

 

Third, a jurisprudential analysis on the “community of common destiny.” Destiny in Chinese characters are 命(fate)运(fortune). Literally, only men could have a “destiny.” However, this word has been extended to an expression in social science where it refers to a combination pattern of the constant and the variable. Fate is the constant, and fortune is the variable. Different combinations will result in change to things. It is commonly believed that “the subject of the right to development is a compound that covers all countries, ethnicities and people.”11 That is to say, compounds of individuals, ethnicities or countries can all be the subject of the right to development, but the compound of various countries are not regarded as a subject of the right to development. However, considering the content of the Belt and Road Initiative, we can regard the “community of common responsibility” as “fate” and the “community of common interest” as “fortune,” whose combination makes the “community of common destiny” that can produce changes and become the compound of different countries, a subject of the right to development. In a world composed majorly by sovereign states, national interests will always come first and interest divergences will always exist, but at the same time, there must be some common interests that countries share. The Chinese culture of harmony is adopted in the Belt and Road Initiative to unite the countries along the Belt and Road to become a community of common destiny. The thought and idea of the community of common destiny come from the extensive and profound Chinese culture. As President Xi has put it, “the ‘community of common destiny’ is deeply rooted in the traditional Chinese culture of harmony which values harmonious relationship, inclusiveness, a united world, conservation of justice and peace with other countries, suggesting ‘harmony in diversity’ and ‘balance between two ends.’ ”

 

 

From the global point of view, under the leadership of the CPC, the formerly underdeveloped China has become a middle income country and world’s second largest economy since the reform and opening-up in the 1980s. China’s great achievements in economic and social development have been the practice and proof of the view stated in UN’s Declaration on the Right to Development that a state, responsible for development, is the subject to realize the right to development. The Belt and Road Initiative that is under way and already effective is another manifestation of the development of Chinese economy and society. In the meantime, it is a great contribution made by China to the development and right to development of the world. This paper generalizes the contribution of the Belt and Road Initiative to the development rights in the following four aspects:

 

First, China sets an example of prioritizing the rights to subsistence and development for other countries. For China, human rights is an imported concept. Now, after 30 years of reform and opening-up, human rights has become an indicator to measure the development and advancement of Chinese society. Subject to the national conditions, the Chinese government keeps regarding the rights to subsistence and development of the Chinese people as the chief human rights and respects them with constant economic growth. The uniformity of history and logic was fully manifested in the history of Chinese human rights development. When the right to development was proposed as a concept in 1970, China was accelerating the establishment of its own industrial system. By the time the Declaration on the Right to Development was passed by the United Nations General Assembly resolution 41/128 in 1986, the contracted responsibility system in rural areas of China has made huge achievements and soon solved the problem of food and clothing for the vast number of farmers. When the right to development was confirmed again in the Vienna Declaration and Program of Action in 1993, world economy integration was accelerating, and China embarked on the path of socialist market economy and soon became the country that attracted the most foreign investments, as well as manufactured and exported the most products. China became the second largest economy in the world in 2011 and proposed the Belt and Road Initiative in 2013, which was not only a result of the spillover of Chinese economic achievements, but also an announcement of China’s wish to share its economic achievements with the world. Western capitalist countries spent three hundred years realizing industrialization while China accomplished it in thirty. The most significant experience of China’s success is to keep on prioritizing the development of economy and putting the rights to subsistence and development in the first place. Only with growing economy and stable society can other rights be developed accordingly. This is the generalization of the Chinese experience. It contributes to UN’s theory and practice on the right to development, meanwhile it sets a referential example for other developing countries.

 

Second, the Belt and Road Initiative helps to realize the due right to development of developing countries. According to their existing forms, the right to development can be classified into due right, legal right and practical right.12 Due right is written in the Declaration as the goal. Legal right is the human right that should become due right through legal means. Practical right is the current situation of human rights. There is a huge gap between the due right written in the Declaration and the practical rights in reality. Considering that the right to development is more often than not the due right written in the Declaration on the Right to Development which is hard to be implemented into reality to become practical right, Chinese government takes the due right as the goal of the Belt and Road Initiative and tries to approach and realize the due rights to development of all countries by changing the current condition. For this reason, the Chinese government makes a solemn promise that the Belt and Road Initiative will endeavor to improve the infrastructure in the region, basically complete a safe and efficient sea-land-air channel network and bring the interconnectivity to a new level, because for developing countries, infrastructure such as roads and bridges are the foundation of development. “...to provide more convenience for investment and trade, establish a general, high-standard free trade zone network, and build closer economic connection, deeper political mutual trust and more extensive and profound cultural exchanges...” These promises and objectives are compliant with the practical situation of the economic and social development of countries along the Belt and Road, therefore, they can realize the right to development to the greatest extent.

 

The third contribution is the realization of the right to development that combines the responsibility, right and interest of the countries. The UN, World Bank, EU and some developed countries have all taken various actions and measures such as non-reimbursable assistance, low-interest loan, talent cultivation and technology transfer to help the developing countries. These measures all provided help for the development of developing countries to some degree, but they can hardly be an essential impetus to development of developing countries. The Belt and Road Initiative emphasizes on the community of common destiny and community of common interest between China and the countries along the Belt and Road. Combining responsibility, right and interest, this development mode will greatly improve the participation degree of governments and people of the developing countries in their own development process. Although a wide participation of state, government and people was stressed by United Nations in the Declaration on the Right to Development for multiple times, the participation under no restriction or incentive system will in most cases become a transfusion rather than hemopoiesis. What’s worth noting is that the combination of responsibility, right and interest to improve the rights to development constitutes no denial to the international humanitarian principles or the responsibilities of China as the permanent member state of the UN Security Council and the world’s second largest economy—China has always been and will always be aware of its responsibilities. This new mode that combines responsibility, right and interest is undoubtedly a Chinese innovation on the way to realize the right to development of the world.

 

Fourth, the right to development under the advocating of responsible great powers brings cooperation and mutual interests. After the Chinese government raised the Belt and Road Initiative proposal, countries along the Belt and Road responded to it quickly. In this process there is a relationship between the initiator and cooperator. The initiator raises a proposal and gets active responses and participation from the cooperator. This is how China cooperates with the countries along the line on the development of Belt and Road Initiative. The Initiative is not a purely spontaneous market behavior not another Marshall Plan, and not even remotely some kind of overseas colonialism or bare plunder under the Jungle Law which was followed by the early European capitalist powers. As the advocate of the Belt and Road Initiative, the Chinese government abandons the profit-oriented nature of modern capitalism to avoid disordered competition of early capitalism and bond with the countries along the line with “responsibility, right and interest.” With the advocate and cooperators enjoying the same right, responsibility and interest, all parties of the initiative will be able to realize cooperation and a win-win situation, thus promoting and realizing the right to development of countries along the Belt and Road. Advocating and promoting the right to development through win-win cooperation is definitely a great contribution made by China to the right of development of the world.

 

Fifth, the establishment of the “community of common destiny” of countries is an advance form to promote the right to development, which makes the Belt and Road Initiative a huge contribution to the right to development of the world. The destiny of a country is the highest expressive form of the country’s interest. Cooperation in competition has become an important way to maximize the national interest. As a whole new approach of international economic development, the Belt and Road Initiative bonds the “destiny” of countries along the line together to constitute the largest economic cooperation organization within which the Chinese government has treated the system design, mutual trust and responsibility as matters concerning the destiny of a country. The word destiny contains the law of development, the rises and falls, and the future trends of things. The thinking that the community of common destiny is taken as the core concept of the right to development means that a high sense of responsibility is required from all participants of the Belt and Road Initiative. Under the guidance of excellent traditional concepts in Chinese culture such as “harmony is the most valuable thing” and “harmony in diversity,” the Chinese government relates the Belt and Road Initiative to the destiny of human race and tries its best to realize the right to development of countries along the Belt and Road to the greatest extent. With the concept of “community of common destiny” added to the right to development, the UN Declaration on the right to Development has been given new connotations.

 

* LI Erping (黎尔平), professor and doctoral supervisor at Kunming University of Science and Technology and academic member of China Foundation for Human Rights Development.

 

1. Wang Xigen, “The Philosophical Analysis of Definition of Right to Development,” Modern Law Science, No.1, 2004, at 6.

 

2. OHCHR Publication, Realizing the Right to Development: Essays in Commemoration of 25 Years of the United Nations Declaration on the Right to Development.

 

3. UN Millennium Declaration, 2000.

 

4. Yu Fangdong, “International Poverty Line and Global Poverty Situation,” Research World, No. 5, 2016, at 46.

 

5. “A Historic Peak in Non-Finance Direct Investment for China in 2015”.

 

6. Zhao Yinping, “Xi Jinping’s Concept of Harmony: A Community of Common Destiny,” Xinhuanet.com.

 

7. Xinhua Press, “Xi Jinping Raises 8 requirements on Promoting the Belt and Road Initiative,” XinhuaNet.com.

 

8. Robert Jennings, Arthur Watts eds., Oppenheim's International Law, Volume 1, Book 1, Encyclopedia of China Publishing House, 1995, at 403.

 

9. Ibid, at 72.

 

10. Edgar Bodenheimer,Jurisprudence: The Philosophy and Method of the Law, Deng Zhenglai & Ji Jingwu (trans), Huaxia Publishing House, 1987, at 301.

 

11. Supra note 1, at 4.

 

12. Li Buyun, On Human Rights, China Social Sciences Press, 2010 edition, at 54.