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- Title
HONG KONG'S DEMOCRACY, HUMAN RIGHTS, AND AMERICA'S TRADE SANCTIONS.
- Authors
Bhala, Raj
- Abstract
There is no systematic link in America's international trade law to human rights. While the U.S. includes provisions in its free trade agreements on labor rights, it does not -- in contrast to the European Union -- include human rights clauses in them. Only episodically, and in an ad hoc fashion, does the U.S. respond through its trade laws to human rights issues. One such instance has been American measures taken after China, effective 1 July 2020, imposed its National Security Law on Hong Kong. In this instance, the U.S. has indelibly linked its liberal capitalist values to its import-export measures. This article explores Hong Kong as a case study in the linkage by the U.S. of its trade policy to human rights. It argues that Hong Kong is a useful precedent on which the U.S. should build, indeed, lead. That is true even after the infamous events at the U.S. Capitol of 6 January 2021, a day on which America lost more of its innocence as a young, hopeful nation, and undermined its exceptionalism as a shining light. The rationale for the argument is self-evident. No systematic defense of democracy specifically, or human rights generally, is offered -- or necessary. After all, plenty of such defenses have been made across the centuries. The tale of what happened in Hong Kong, both in fact and in law, provides all the rationale that should be necessary. Part II examines China's National Security Law and the essential legal developments that led up to it. Part III reviews the U.S. response to that Law, plus key developments in Hong Kong and Chinese views and counter-measures targeting America. Part IV suggests the U.S. response was correct, and a useful precedent on which to broaden and deepen the trade-human rights linkage, in what arguably is an Open Society War.
- Subjects
HONG Kong (China); INTERNATIONAL sanctions; AMERICAN economic sanctions; INTERNATIONAL trade -- International cooperation; INTERNATIONAL economic relations -- Law &; legislation; ECONOMIC policy
- Publication
Kansas Journal of Law & Public Policy, 2021, Vol 30, Issue 3, p307
- ISSN
1055-8942
- Publication type
Article