Human rights & the state in
modern international relations
現代國際關係中的人權與國家
Dr. Titus C. Chen
Assistant Research Fellow,
Institute of International Relations,
National Chengchi University, Taipei, Taiwan, R.O.C.
Session I (02/26/2010) Agenda
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Synopsis
Course syllabus
Course policy
Self-introduction
Induction
Weekly readings
Course syllabus
1. Rise of international human rights regimes in
modern international relations
2. Approaching HR & the state from Int’l HR
conventions and mechanisms
3. Int’l HR norms and foreign policy
4. Internalizing int’l HR norms
5. Int’l HR NGOs
6. HR & the state under globalization
About mid-term
• An open-source test (bring all you can bring)
• Take-home or in-session?
Course policy 1
• Be real, be aggressive, be engaged
▫ Yes, readings MUST be finished!
▫ Multiple opportunities for showing off yourself
▫ Questions are welcome ANYTIME!
Course policy 2
• Self-discipline
▫ no roll call, but…
▫ 2 POINTS will get deducted from your
participation scores if you are absent (without a
prior report) when I call you to answer a question
▫ Nappers will be told to leave the room (don’t try
me…)
Course policy 3
• Mutuality & reciprocity
▫ ABSOLUTELY NO food nor alcohol
▫ Beverage ok ONLY with a lid
▫ No cell phone rings (I will ask you to leave the
room if you dare…)
▫ Leave the room to answer a phone call
Teacher’s bio
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B.A. in Diplomacy, NCCU, 1997
M.A. in Int’l Relations, American U, 2002
M.A. in Political Science, UC-Irvine, 2005
Ph.D. in Political Science, UC-Irvine, 2008
Post-Doctoral Fellow, USC, 2008-2009
Assistant Research Fellow, IIR-NCCU, 2009-
Induction
• Please answer the following questions:
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Your ID (name, affiliation, school year)
What are your motives for the course?
What are your goals/expectations for the course?
Have you taken HR courses before?
Have you ever been involved in HR activities?
What are your questions/doubts about HR in
international relations?
Weekly readings: the idea of HR
• Meanings of RIGHTS
▫ RECTITUDE (公義)
▫ ENTITLEMENT (權利)
HR always in human raltions
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A has a right to x with respect to B
A is entitled to claim x
A = right holder
X = object of the right
B = duty bearer
The right empowers A to invoke his/her claim
The right requires B’s agreement to A’s claim
over x
Possession paradox
• You don’t sense it when you have it
• Rights are invoked only when they are at issues
or are violated
• Double senses of “having a right”
▫ Entitlement
▫ Enjoyment
3 forms of rights enforcement
• Assertive exercise
• Active respect
• Objective enjoyment
Basic features of human rights
• Universal rights
• Inalienable rights
• Equal rights
Substance of human rights
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Is there a consensus?
Human needs as the foundation? Is it objective?
HRs based upon specific sets of values
Treating HRs as a set of agreements on the
substance and methods of human dignity
• Social construction of HRs
• Contentious & contending processes of defining
HRs
• Our agreement on the HR list of evolves
Moral purposes of human rights
• Moral theories that contain substantive models
and a set of practices for realizing a dignified
possibilities of human life.
• Not for the sustenance of life but a life with
dignity
• To bring political and legal institutions into line
with this moral theory
Human rights & legal rights
• Human rights are conceptually prior to legal
rights
• Legal rights formalizes & institutionalize
customary, value-based human rights into
positive statutes
Constitutive functions of HR
• Constitute individuals/subjects into equal
citizens
• Constitute the state into a particular type of
regime that sets limits to gov power
Have a great weekend!