This chapter provides a general theoretical basis upon which to analyse the evolution of human rights and their relationship to state sovereignty and the rule of law. It considers how the principles have been interpreted and applied by Chinese scholars and political leaders within the Chinese state, and the resulting conflictual relationship which has developed over the issue of human rights between the Chinese perspective and the normative interpretations of the international community. The chapter offers an alternative to the Chinese approach by considering two cases of Canadian jurisprudence in which the issues of sovereignty, the rule of law and human rights were interpreted and reconciled in a balanced and negotiated manner. Negotiations would need to address the interests of other provinces, the federal government and Quebec and indeed the rights of all Canadians both within and outside Quebec, and specifically the rights of minorities.

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Persistent URL dx.doi.org/10.4324/9781315197166-3
Citation
Paltiel, J. (2019). To whom must we answer? exploring the relationship between sovereignty, the rule of law and human rights in Chinese and Canadian practice. In Bridging the Global Divide on Human Rights: A Canada-China Dialogue (pp. 53–76). doi:10.4324/9781315197166-3