Law and Development in Asia

Abstract

This paper examines the role of law in social development in Asia, focusing on Japan, Korea, China, Singapore, and Taiwan. It investigates how international human rights and labor standards have influenced these societies through both “hard law” and “soft law,” including the Universal Periodic Review (UPR), the Paris Principles on National Human Rights Institutions (NHRIs), and the UN Guiding Principles on Business and Human Rights (UNGPs). The analysis shows considerable differences in the acceptance and domestic implementation of international human rights norms. Japan and Korea have ratified the principal international human rights covenants, while China and Singapore have been more reluctant, particularly regarding civil and political rights. Similar differences appear in the ratification of ILO forced-labor conventions and in labor provisions incorporated into trade agreements. The paper then examines implementation. Korea and Taiwan have established NHRIs with the Paris Principles, whereas Japan, China, and Singapore have not. Regarding UNGP Japan, Korea, China, and Taiwan have developed NAPs, while Singapore lacks a UNGP-style NAP. The paper concludes that economic development does not directly correlate with the acceptance of human rights norms. It emphasizes the growing importance of soft law, civil society, and private-sector initiatives in promoting human rights in Asia.