Beyond the Heaven–Hell Binary and the One‐Way Traffic Paradigm: The European Union, Africa and Contested Human Rights in the Negotiations of the Samoa Agreement
本文基于第三世界国际法方法和欧盟对外关系去中心化议程，分析萨摩亚协定谈判中欧盟侧重公民政治权利而非洲强调发展权下的经济社会文化权利，揭示人权正从西方范式向真正普遍性项目演变。
Abstract This article, drawing on Third World Approaches to International Law (TWAIL) and embracing the decentring agenda in European Union (EU) external relations, discusses the substance of human rights promotion in the negotiations of the Samoa Agreement. It documents how the EU has concentrated on civil and political rights, whereas Africa has advanced an innovative approach to economic, social and cultural rights underpinned by the right to development. More importantly, going beyond the ‘heaven–hell binary’, which draws neat lines between the good North and the bad South, and the ‘one‐way traffic paradigm’, which claims that human rights flow from the North to the South, it shows that the human rights corpus may be slowly evolving from its paradigmatic western orientation towards a truly universal project: the EU and Africa have started recognising each other as being holders of diverse yet legitimate perspectives on human rights.