Discussion on International Cooperation and Global Human rights Governance

I. International cooperation is the prerequisite for the establishment of international human rights protection system and the realization of global human rights governance

The inevitability of international cooperation: Where there are international exchanges, there will be international cooperation. International cooperation is both an end and a means. Before World War I, international cooperation was in a voluntary small-scale and regional state among countries, and it was mainly in the fields of international trade and the international economic relations. After World War I, Covenant of the League of Nations linked international cooperation with the maintenance of international peace and security, in which, it was first expressly stipulated that Member States should “promote international cooperation and ensure their peace and security”. After World War II, the establishment of the United Nations can be said to be an important symbol of the opening of comprehensive international cooperation in the fields such as global politics, economy, society and culture. The United Nations itself and the post-war international order it constructed are the product of international cooperation.

International cooperation is a fundamental principle of International Law. The principle of international cooperation refers to that various countries have the obligation to cooperate with each other in all aspects of international relations. Meanwhile, it also refers to the need for mutual cooperation between countries and international organizations and between international organizations to solve international issues of economic, social, cultural and human welfare nature, and jointly maintain international peace and security. As clearly stated in the Preamble to the Charter of the United Nations, “Member States should ‘work together’ to maintain international peace and security and promote economic and social progress and development of mankind.” The Charter of the United Nations clearly lists “promoting international cooperation” as one of its purposes, and has made a series of specific provisions to realize this purpose. The full name of the 1970 Declaration on Principles of International Law is “Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations”, which shows the importance that the international community attached to international cooperation. As declared in the Declaration, international cooperation “constitutes the fundamental principle of international law” and is “essential for the maintenance of international peace and security and the realization of other purposes of the United Nations.”

International cooperation is a prerequisite for the realization of global human rights governance. The provisions on human rights in the Charter of the United Nations marked that human rights entered the field of international law, international human rights law began to emerge and develop, and the international human rights protection system became an important part of the international system with the United Nations at the core and the post-war international order. Undoubtedly, without international cooperation, there would be no United Nations; Without the United Nations, there would be no international human rights protection system and today's global human rights governance.

International cooperation in the field of human rights is in line with the current common interests and needs of mankind. International cooperation is the only way to realize global human rights governance. The universal recognition by various countries of the ultimate value of human rights and the inherent dignity of human beings is the value basis for international human rights cooperation. The fundamental role of human rights in international peace, security and development highlights the importance of international cooperation on human rights. This is especially in line with the current urgent need to safeguard the common interests of mankind, i.e., various countries need to bridge divisions, enhance solidarity, and jointly address challenges and threats through exchanges and cooperation in an era of growing division and confrontation.

II. Carrying out international cooperation in the field of human rights is the obligation of the United Nations and its Member States under international law

The Charter of the United Nations is by nature a multilateral international convention legally binding on all Member States of the United Nations. The Charter is the world's first universal international law document that provides for human rights issues and sets legal obligations for the United Nations itself and its Member States to carry out international cooperation in the protection of human rights. At present, almost all countries in the world are contracting states to the Charter of the United Nations. Therefore, they have the obligation under international law to carry out international cooperation in the field of human rights.

As stipulated in the Charter of the United Nations, one of the purposes of the United Nations is to “promote international cooperation to solve international issues of economic, social, cultural and human welfare nature, and regardless of race, gender, language or religion, to promote and encourage respect for human rights and fundamental freedoms for all mankind.” One of the responsibilities of the United Nations General Assembly is to “initiate research and make recommendations... so as to promote international cooperation in all sectors of economy, society, culture, education and health, and regardless of race, gender, language or religion, to contribute to the realization of human rights and fundamental freedoms for all mankind.” As also stipulated in the Charter of the United Nations, Member States of the United Nations have the obligation to carry out international cooperation in the field of human rights. Besides, it also requires that all Member States pledge themselves to take joint and separate actions with the United States, so as to promote “universal respect for and observance of human rights and fundamental freedoms for all mankind, regardless of race, gender, language or religion”.

The 1970 Declaration of Principles of International Law also stipulates that Member States of the United Nations have the obligation to carry out international cooperation in the field of human rights in accordance with the Charter. As clearly stated in the Declaration, “All the countries, irrespective of their differences in political, economic and social systems, have the obligation to cooperate with each other in all aspects of international relations with a view to maintaining international peace and security and promoting international economic stability and progress, the general welfare of all countries and international cooperation free from discrimination arising from such differences”. To this end, the Declaration specifically stipulates that “all countries shall cooperate to promote universal respect for and observance of all human rights and fundamental freedoms of all people, and to eliminate all forms of racial discrimination and religious intolerance of all forms”; “Each country has the obligation to take joint and individual actions in accordance with the Charter to promote universal respect for and observance of human rights and fundamental freedoms.”

It is against international law to use human rights to interfere in the internal affairs of other countries and undermine international human rights cooperation. After World War II, when the imperialist colonial rule collapsed, some Western countries tried to continue to bully, interfere, divide and control other countries including their former colonies through other means. They took human rights as one of the means. To this end, it was specially stipulated in Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty adopted by the General Assembly of the United Nations in December 1965, “All countries have the obligation to refrain from abusing and distorting human rights issues as a means of interfering in the internal affairs of other States, exerting pressure on other States and causing distrust or confusion among countries or groups of countries.” Human rights are essentially matters under the domestic jurisdiction of a country. The original purpose of human rights entering the field of international law was to enable the international community to supervise whether sovereign states have violated human rights in their own countries.4 If there were conclusive evidence to prove that a country had indeed carried out human rights violations prohibited by international human rights law, or even systematically violated human rights on a large scale, the international community would criticize, condemn and sanction it, and even the Security Council would take enforcement actions through authorization in accordance with the Charter of the United Nations. Undoubtedly, this is the inherent meaning of the international human rights protection system, and it is one of the ways in which various countries carry out international cooperation to respect and protect human rights. However, this is not the case in reality. Louis Henkin, an American scholar, pointed out that when a country violated its obligations of international human rights protection, it generally infringed on the rights of its own citizens, but did not directly harm the interests of other countries. Therefore, for its own sake, the country generally would not risk damaging relations between the two countries because of the human rights situation of its citizens. History and reality have repeatedly demonstrated that a country or a group of countries often interfering with the human rights of another country is generally not a matter of conscience, but often a matter of issues in other aspects of the relationship between the two countries. Human rights are alienated as tools for realizing other national interests. For instance, they directly or indirectly support the opposition or separatist forces of domestic governments in some countries in the name of protecting human rights, incite color revolutions in many countries, overthrow governments, impose economic sanctions and even launch aggressive wars.

III. Key Fields and Topics for International Human Rights Cooperation

“Global human rights governance” is Grand Narrative. However, when it is put into action, it is confronted with specific fields and topics. In terms of promoting global human rights governance through international cooperation, the following fields and topics shall particularly be focused on.

(1) Peace and Human Rights

Nowadays, division and confrontation are constantly intensifying, and the theme of the era of peace and development has been severely affected. The Gulf War, The Kosovo War, the Iraq War, the Libyan War, the Syrian Wars, and the ongoing escalation of the Russian-Ukrainian military conflicts after the Cold War are all partial reversals of the suffering that mankind has experienced. Only after the experience of loss of life and the destruction of the country can a country truly understand the preciousness of peace.

Maintenance of world peace and security is one of the inherent requirements for the protection of individual human rights. Any war or armed conflict, regardless of the cause, will have a serious impact on the development of the relevant countries. The economy, without exception, will be hit hard for a considerable period of time. People's lives, safety and health will be seriously threatened, and people’s living standards will dramatically be decreased. Wars or armed conflicts often lead to disruptions in the supply of food, medicine and health supplies, threaten the supply of clean drinking water, seriously interfere with or destroy the functioning of basic health and education systems, and weaken or deprive the right to work. The guarantee of civil and political rights can only become an extravagant hope. Particularly, the reasonableness and appropriateness of some countries' military strikes against relevant countries on the grounds of “protecting human rights” are even more questionable. Causes of the use of force may be just or unjust, legal or illegal, but there is no humane force at all. The use of force and its harmful results can never be part of human rights and morality. Just as the International Court of Justice concluded in the “Nicaraqua Case”, use of force cannot be taken as an appropriate means of urging or ensuring respect for human rights.

Enjoyment of all human rights is closely related to security issues. This is true not only of the rights to life, liberty and security of person, but also of all other civil and political rights, as well as economic, social and cultural rights, which can only be fully enjoyed in a safe and fear-free environment. Peace is the best guarantee of human rights; Peace is a prerequisite for the enjoyment of all human rights. All countries in the world shall draw lessons from the history of the two world wars, reflect on the deep causes of the conflict between Russia and Ukraine, and avoid this generation from suffering from the unspeakable war disasters that mankind has suffered twice. Countries in East Asia and South Asia should particularly be vigilant, draw lessons and never act as pawns to repeat the tragedy of the Russia-Ukraine conflict. The international community, especially the United Nations, should not sit idly by when some countries supports and make propaganda for war. In this regard, it is necessary to reiterate the responsibilities and obligations of the United Nations Organization and its Member States in the maintenance of international peace and security under the Charter of the United Nations; It is necessary to reiterate the provisions of Universal Declaration of Human Rights on the relationship between human rights and the international order and the purposes and principles of the Charter of the United Nations; It is necessary to emphasize the obligation of contracting states, stipulated in Article 20 of International Covenant on Civil and Political Rights, to prohibit any propaganda or practice that incites war and national and racial hatred. The peace loving countries and people all over the world, in particular the Member States of the United Nations, have the obligation to take measures to promote peace education in their own countries, to prevent, prohibit and punish propaganda and practices that encourage wars, and shall carry out international cooperation in this regard.

(2) Technology and Human Rights

In Covenant on Economic, Social and Cultural Rights, the right of everyone to “enjoy the benefits arising from scientific progress and its application” is affirmed, and international cooperation among contracting states is encouraged in this field.

Technology is a double-edged sword. The benefits brought to mankind by development of technology are countless, but the potential threats to human beings by certain scientific and technological developments are equally chilling. It is reasonably foreseeable that the unchecked use of science and technology will inevitably lead to violations of individual human rights and fundamental freedoms and even endanger the future of mankind as a biological species.

However, technology itself is neutral, advantages and disadvantages of which lie in how the person who develops or uses it grasps and exerts his/her own initiative. The influence of technology knows no national boundaries, but any research or application of technology is within the jurisdiction or control of a sovereign state. Therefore, all countries should place the research, development and application of new technologies that may pose a potential threat to mankind under international supervision and conduct international cooperation in this regard. Various countries should regulate and guide the power of technology to better respect, protect and realize human rights and dignity for all people, so that they can benefit human beings without threatening their life, health and well-being of mankind. To this end, it is clearly stated in Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in Vienna in 1993 that “The World Conference on Human Rights noted that certain developments, particularly those in the areas of biomedical and life sciences and information technology, may have potentially negative consequences for the integrity and human rights of the individuals”, and called on “the international community to cooperate to ensure that human rights and dignity are fully respected in this field of general concern.”

According to the provisions concerning the obligations of contracting states under Article 2 of International Covenant on Civil and Political Rights, and International Covenant on Economic, Social and Cultural Rights, 1966, countries shall use all legal means at its command, including international cooperation, to promote the protection of the life, health and safety of the people; and including the enactment of laws, the investigation of violations, the punishment of offenders and the providing of the remedial measures for victims. Countries are not only responsible for their own actions and those of their representatives, but also have obligations to prevent private human rights violations, regardless of whether such violations are carried out under State control.

All countries shall attach great importance to and strengthen international cooperation in the formulation and implementation of international law norms in the research and development and application of new technologies such as digital technology (such as privacy, network security, data, monitoring, artificial intelligence, numbers, algorithms and biometrics), life sciences and biotechnology (mainly including gene editing, synthetic biology, brain science, stem cells, biological information storage and biological breeding), so as to ensure that human dignity and rights and fundamental freedoms are fully respected.

(3) Environment and Human Rights

Importance of international cooperation can best be demonstrated by environmental issues. The development of environmental issues in time and space crosses or breaks the scope of territory, boundaries and sovereignty, and will ultimately affect the changes of the entire ecosystem of the earth. The result, closely related to the survival of human beings on the earth, is a typical global issue. The principle of “Common but Differentiated Responsibilities” first emphasizes “common”, that is, international cooperation. Human beings have only one earth, and the deterioration of the environment quality of the earth will endanger the interests of all countries. Therefore, protecting the earth environment is the responsibility of every one of us; and international cooperation shall be carried out for this purpose.

All civil, political, economic, social and cultural rights should include the requirement for the protection and preservation of Natural Environment. Otherwise, space and material prerequisites for enjoying these rights will be lost. All of these requirements have been condensed into a sentence that everyone shall “have the right to enjoy a clean, healthy and sustainable environment.” On 8 October 2021, United Nations Human Rights Council adopted Resolution No. 48/13, recognizing for the first time that “the right to a clean, healthy and sustainable environment is a human right of importance to the enjoyment of human rights” and calling on Member States of the United Nations to carry out cooperation in the implementation of the right. On 29 July 2022, the United Nations General Assembly adopted Resolution No. 76/300, affirming that “the right to a clean, healthy and sustainable environment is a human right”. The resolution urged all the countries, international organizations, businesses enterprises and other stakeholders to take measures to strengthen international cooperation to ensure a clean, healthy and sustainable environment for all.  António Guterres, United Nations Secretary-General welcomed the adoption of the “historic resolution”, and pointed out that this landmark progress shows that Member States can come together to tackle the triple global crisis of climate change, biodiversity loss and pollution.

(4) Vulnerable Groups and Human Rights

Human rights are, first and foremost, the human rights of vulnerable groups. To assess the effectiveness of global human rights governance, we should first get to know the human rights situation of women, children, the disabled and the minorities and other groups. Strengthening the protection of human rights of vulnerable groups is the development trend of international human rights law. In recent decades, an important change has taken place in the human rights protection system of the United Nations, i.e., the abstract general human rights subject in International Bill of Human Rights has been transformed into the realistic, concrete and diverse people. By separating the minorities, women, children, migrant workers and the disabled from the abstract “man” and giving them special protection, the universal human rights advocated by the United Nations at the beginning of its establishment have more concrete and realistic significance.

Comparatively speaking, protection of human rights of vulnerable groups, especially women, children and the disabled, is less confrontational and politicized. It is easier to realize international cooperation and its significance for global human rights governance is also obvious: (1) This field of human rights covers women, who account for half of the world's population and have a self-evident influence on a country's foreign policy, and international relations and politics, especially women in Western developed countries. Women are also an indispensable and irreplaceable force in maintaining world peace and promoting development. (2) Children are included in this field of human rights. Good protection of children's human rights is not only for the well-being of children themselves, but also an investment in the future peace, security, development and well-being of mankind. (3) The extent to which the disabled enjoy human rights is the best indication of a country's sincerity to respect, safeguard and realize human rights; (4) Respecting, guaranteeing and realizing the human rights of minority groups in terms of ethnic group, race, religion, and language not only concerns the personality, worth and dignity of individuals of minority groups, but also may reduce tensions among ethnic, racial and religious groups. It is conducive to the political and social stability of the countries in which minority groups are located, and to the strengthening of friendship and cooperation among various peoples and countries. It is also a decisive factor for international peace and stability.

Conclusion: Promotion of the formation of a new pattern for international human rights cooperation with the vision of building a community with a shared future for mankind

Although traditional international human rights norms are the product of international cooperation, various countries fight their own battle during implementation of such norms; and a country's obligation to protect human rights is limited to the respect and protection of the rights established in international human rights law “within its territory and areas under its jurisdiction”. However, in an era of globalization and interconnection, many human rights challenges that various countries face are global issues that concern human survival and development and often transcend national boundaries. Contemporary human rights protection includes not only individuals' requirements for the society and the country where he or she lives, but the degree of enjoyment of individual human rights is also closely linked to other parts of the earth, other countries and society. Individual human rights include the requirements for world peace, security, development and cooperation. Drafters of Universal Declaration of Human Rights had already foreseen this. As stated in Article 28 of the Declaration, “Everyone has the right to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized”. According to the Declaration, whether the rights and freedoms of individuals can be fully realized is not only related to the domestic order, but also related to the international order, which is exactly the reason why human rights originally entered international law.

The vision of a community with a shared future for mankind is an innovative conception of the above-mentioned “international order” in the Declaration against the backdrop of the unprecedented changes in the world in a century, which provides a new way of thinking for strengthening international cooperation on human rights and promoting global human rights governance. The vision of a community with a shared future for mankind has broken away from the past narrow view of human rights. The vision of a community with a shared future for mankind not only contains core human rights values such as peace, development, fairness, justice, democracy and freedom. Moreover, man in the context of a community with a shared future for mankind include harmony between man and the environment, harmony between man and man, and harmony between countries. To sum up, it means that the human society consisting of all countries in the world will become a big human family through “Extensive Consultation, Joint Contribution and Shared Benefits”; and the vision that “all the countries in the world share weal and woe; all the countries tolerate and cooperate with each other under a unified system; and each country has its own set of values and pursue its own development” will be finally realized. It can be seen that global human rights governance from the perspective of the community of shared future for mankind attaches more importance to comprehensive, common, inclusive and sustainable development of human rights. If we sum up the basis and prerequisite for realizing all this into one phrase, it should be “international cooperation”!

(The author is Professor of Department of International Law of China Foreign Affairs University, Director of Human Rights Research Center of China Foreign Affairs University)