– Human rights are not “a gift” of the West to the rest of the world
Surya Prasad Subedi, guest professor at the Deparment of Law, is a British-Nepalese jurist and Professor of International Law that has, amongst many other things, served as the United Nations Special Rapporteur for human rights in Cambodia
You have worked as both a UN expert and an academic. How has your practical experience shaped your understanding of international law and its implementation across different states?
– My practical experience has enabled me to appreciate the challenges in implementing international law and human rights in complex situations. Many of my publications have been enriched by this experience which the readers have found interesting and insightful.
In your book on human rights in Eastern civilisations, you highlight value systems distinct from Western norms. How should the global legal order balance universality with cultural context?
– This publication of mine debunks the theories of ‘Asian values’, ‘cultural relativism’, and human rights as “a gift” of the West to the rest and argues that the notion of ‘East’ versus ‘West’ or the Global North versus the Global South is misleading. It identifies commonalities across different civilisations and cross-fertilisation that has taken place between different civilisations since the ancient times. In my view, establishing connections between civilisations, we should bring to bear an informed and unbiased global human rights narrative that promotes a unified human rights agenda for the future and not a divisive one.
You’ve been involved in judicial reform in Cambodia and constitutional development in Nepal. In your view, what are the key elements for sustainable democratic progress in post-conflict societies?
– The key elements of sustainable democratic progress in post-conflict societies is to ensure that the independence of national judicial institutions is respected, the victims of the conflict are not forgotten, the system of transitional justice, including peace and reconciliation processes, is implemented in a manner that meets international standards. What is needed in such societies are systems that balance liberal or political democracy with developmental democracy that is transparent and free of corruption and electoral irregularities or engineered elections. When I was helping the Government of Nepal to write a new democratic constitution, my inspiration came partly from the liberal democratic and progressive constitutions of different countries that had come out of a prolonged conflict. Likewise, when I was working in Cambodia as the UN human rights envoy, I persuaded the leaders of the country to carry out judicial and electoral reform by making reference to the electoral and judicial systems of other liberal democracies that had gone through similar experiences.
Given your expertise in international investment law, how can we best reconcile investment protection with states’ obligations to uphold human rights and environmental standards?
– While investment treaties are essential for promoting foreign investment and economic development, they must not come at the expense of a state’s ability to regulate in the public interest, including the protection of human rights and the environment. By incorporating public policy carve-outs into bilateral investment treaties and regional free trade agreements and aligning them with sustainable development goals, both investor and investment receiving countries can strike a more equitable balance between these competing interests.
Surya Prasad Subedi is a distinguished British-Nepalese jurist and Professor of International Law at the University of Leeds. He also practises as a barrister in London and teaches at the University of Oxford on the international human rights law programme. Subedi has held several high-profile international roles, including serving as the United Nations Special Rapporteur for human rights in Cambodia, and as an advisor to both the UK Foreign Secretary and the Government of Nepal.
Spanning fields such as public international law, human rights, investment arbitration, and environmental law, he has authored numerous influential books and acted as counsel in key cases before international courts and tribunals, including the International Court of Justice. He has played a pivotal role in shaping the development of international investment law and legal frameworks for boundary issues and cooperation.
For his outstanding contributions, he has been recognised with honours such as an OBE, honorary Queen’s Counsel (QC Hon), and honorary doctorates from both the University of Oxford and the University of Hull.
Subedi is widely regarded as a bridge-builder between East and West, and between academic theory and legal practice – a committed advocate for democracy and human rights in both global and national contexts.