论国际人权条约实施机制的强化

On Strengthening the Implementation Mechanism of International Human Rights Treaty

联合国核心人权条约实施机制是九个核心人权条约的重要组成部分,常被看作是准司法性的监督机制。文章对条约实施机制存在的缺陷进行分析,并列举联合国近年来有效的强化措施和建议,对条约实施机制的缺陷和国际法的碎片化之间的关系进行了探讨,认为条约实施机制的强化应当在现有的条约体系下,提高条约机构工作效率,发展缔约国履约能力及增强条约机构与缔约国的对话。

Viewed as quasi-judicial supervision mechanism, the implementation mechanism of the United Nations international human rights treaty is an important part of the nine core human rights treaties. The paper analyzes the defects of the implementation mechanism of the treaty and lists effective measures and suggestions by the United Nations in recent years. Through the dis- cussion on the relationship between the defects of the implementation mechanism of the treaty and fragmentation of international law, the paper indicates that in order to strengthen the implemen- tation mechanism of the treaty,we should improve the work efficiency of treaty bodies, develop the fulfilling capability of contracting parties and reinforce the conversation between treaty bodies and contracting parties under the existing treaty system.