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On the Normative Structure of International Human Rights Treaties Monitoring Mechanisms and Its Legal Challenges

On the Normative Structure of International Human Rights Treaties Monitoring Mechanisms and Its Legal Challenges
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摘要 The Charter bodies established under the United Nations Charter and the treaty bodies established on the basis of international human rights treaties constitute the two major means of supervising the implementation of international human rights treaties.The treaty bodies responsible for monitoring the implementation of international human right treaties have gradually formed a four-fold supervision system consisting of state reporting,inter-state complaints,individual complaints and inquiry procedures.These quasi-judicial procedures are responsible for overseeing the implementation of international human right treaties.The practice of treaty body procedures has profoundly affected the development of modern international human rights law and is promoting the improvement of international human right treaty monitoring mechanisms.But due to the constraints of international politics,economic structure and related historical conditions,treaty bodies still face severe challenges.The improvement of the four major procedures will promote the development of the international human rights cause. The Charter bodies established under the United Nations Charter and the treaty bodies established on the basis of international human rights treaties constitute the two major means of supervising the implementation of international human rights treaties.The treaty bodies responsible for monitoring the implementation of international human right treaties have gradually formed a four-fold supervision system consisting of state reporting,inter-state complaints,individual complaints and inquiry procedures.These quasi-judicial procedures are responsible for overseeing the implementation of international human right treaties.The practice of treaty body procedures has profoundly affected the development of modern international human rights law and is promoting the improvement of international human right treaty monitoring mechanisms.But due to the constraints of international politics,economic structure and related historical conditions,treaty bodies still face severe challenges.The improvement of the four major procedures will promote the development of the international human rights cause.
作者 涂云新 YIN Tao(译) TU Yunxin(the Law School of Fudan University;the University’s Human Rights Research Center(one of the National Bases for Human Rights Education and Training))
出处 《The Journal of Human Rights》 2019年第4期511-536,共26页 人权(英文版)
基金 funded by the 2016 Shanghai Philosophy and Social Science Program(No:2016WJW005).
关键词 TREATY body STATE REPORTING inter-state COMPLAINT individual COMPLAINT INQUIRY procedure treaty body state reporting inter-state complaint individual complaint inquiry procedure
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