Chinese Journal of International Law Advance Access originally published online on June 15, 2007
Chinese Journal of International Law 2007 6(2):445-474; doi:10.1093/chinesejil/jmm015
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© The Author 2007. Published by Oxford University Press. All rights reserved
DEVELOPMENTS & HISTORY |
China and the International Covenant on Civil and Political Rights: Prospects and Challenges
Correspondence: * Director of the Great Britain—China Centre and student 2004–2006, MSt in International Human Rights Law, Oxford University (email: katie.lee{at}gbcc.org.uk). This article is based on my dissertation submitted in March 2006 and updated since then for this publication in July 2007. I would like to thank my tutor, Professor Andrew Shacknove, Oxford, and the reviewers of this Journal for comments. I would also like to thank the many respected Chinese scholars who have given advice and provided materials for the writing of this article, with particular gratitude to the scholars at the Institute of Law, Chinese Academy of Social Sciences, for their support.
This article looks at China's engagement with international human rights treaties and the extent to which this is bringing understanding of, and compliance with, international human rights norms as a background to China's possible ratification of the International Covenant on Civil and Political Rights (ICCPR). It explores, in respect of two particular articles in the ICCPR, Article 14 and Article 6(2), where China stands with its current domestic legislation and practice in terms of conformity and argues that there still needs to be significant legal reform in the area of fair trial issues and the use of death penalty before ratification is possible. Finally, it looks at the state of civil and political rights in China and the problem of democracy and concludes that although China will unquestionably ratify the ICCPR, change will still be gradual.