2007Chinese Journal of International LawRequires access

The Understanding and Interpretation of the ICCPR in the Context of China's Possible Ratification

Shiyan SUN

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Abstract

China signed the International Covenant on Civil and Political Rights in 1998 and is preparing for its ratification. In considering the ratification, the knowledge of how to correctly interpret and understand the Covenant is crucial. In monitoring the implementation of the Covenant, the Human Rights Committee has used various mechanisms and rules in interpreting the Covenant to meet the specific object and purpose of the Covenant, and thus developed a rich jurisprudence with respect to the interpretations of the Covenant. However, the interpretations of the Covenant by the Committee have not been adequately taken into account in the research done by Chinese scholars on the Covenant. The research on the interpretations therefore must be further strengthened in order to more effectively facilitate the ratification process in China.

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What this paper is about

China signed the International Covenant on Civil and Political Rights in 1998 and is preparing for its ratification. In considering the ratification, the knowledge of how to correctly interpret and understand the Covenant is crucial. In monitoring the implementation of the Covenant, the Human Rights Committee has used various mechanisms and rules in interpreting the Covenant to meet the specific object and purpose of the Covenant, and thus developed a rich jurisprudence with respect to the interpretations of the Covenant. However, the interpretations of the Covenant by the Committee have not been adequately taken into account in the research done by Chinese scholars on the Covenant. The research on the interpretations therefore must be further strengthened in order to more effectively facilitate the ratification process in China.

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Available abstract

China signed the International Covenant on Civil and Political Rights in 1998 and is preparing for its ratification. In considering the ratification, the knowledge of how to correctly interpret and understand the Covenant is crucial. In monitoring the implementation of the Covenant, the Human Rights Committee has used various mechanisms and rules in interpreting the Covenant to meet the specific object and purpose of the Covenant, and thus developed a rich jurisprudence with respect to the interpretations of the Covenant. However, the interpretations of the Covenant by the Committee have not been adequately taken into account in the research done by Chinese scholars on the Covenant. The research on the interpretations therefore must be further strengthened in order to more effectively facilitate the ratification process in China.

Key concepts: Ratification, Interpretation (philosophy), China, Context (archaeology), Political science, Law, Philosophy, Biology

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