Unseen influence: the diffusion of human rights law from the European Union to China

Thesis

In the current crisis of multilateralism, there appears to be little room for legal influences among international actors, especially among those with alternative governance systems. However, this thesis unveils the EU's imprint on human rights law and policy in the People's Republic of China, explaining how and why this influence is taking place in such a seemingly closed legal system and in such a sensitive area.

Following case studies and drawing on scholarship on legal diffusion, the thesis develops a theoretical framework that includes both Chinese and EU perspectives and integrates top-down and bottom-up dynamics. Human rights law diffuses from the EU through three interconnected modes. In the multilateral mode, the EU influences international norms, for example through participation in treaty-making, which are then implemented in China. In the bilateral mode, Brussels advocates human rights reforms through instruments vis-à-vis Beijing, such as mutual learning platforms or conditionality in the Comprehensive Agreement on Investment. In the unilateral mode, the EU implements its own instruments, like laws with an external reach or sanctions, which have an impact on the legal and policy framework in China.

However, this influence is happening because China wants it to, with the EU having limited control over the process. Beijing only adopts human rights norms that promote socio-economic development and reinforce political stability and territorial unity, ultimately seeking to strengthen the legitimacy of the Communist Party-led regime within Chinese society. Otherwise, norms are rejected, repurposed or superficially adopted. This selective filtering is rooted in China's socialist approach to human rights, which emphasises statism, legal instrumentalism and the prioritisation of the collective over the individual. As a result, more legal norms related to social, economic, cultural, environmental and digital rights are readily diffused than those concerning civil and political rights.

Authors: Garciandía Igal, D

• DOI: 10.5287/ora-6q86yxnr1
• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: European Union; EU external relations; legal diffusion; China; EU law; Chinese law; EU external relations law; international law; comparative law; human rights law
• Subjects: International and municipal law--European Union countries; Law; European Union; International relations; Human rights; China