On The The Ccpr First Optional Protocol To The Procedures And Its Related Questions Of International Law

Human rights is within the jurisdiction of sovereign state in nature. Since the end of the Second World War, the international society began to attach great importance to the human rights issues. As a result, the international human rights law was enacted, especially the two human rights treaties ( CCPR / CESCR) adopted by the UN General Assembly in 1966, which symbolized the milestone of the systematization of mandatory international human rights protection. Therefore, the relationship between human rights and sovereignty was placed on the agenda.Although human rights can be protected at the international level, sovereignty still plays an important role. However, some human rights treaties formulate some special executive measures, including individual communication procedure which enables individual who is within the jurisdiction of a sovereign state and claims to be victims of the violations of any of the rights set forth in the treaty can accuse the alleged states before the treaty body.This involves some sensitive issues such as the individual status in international law, the relationship between individual communication procedure and sovereignty, the nature of human rights protection and the role of international human rights treaty body in human rights protection.This thesis tries to illustrate these issues through the analysis of the individual communication procedure formulated by the First Optional Protocol of the International Convention of Civil and Political Rights (OP). The first chapter introduces the main content of the First Optional Protocol, the historic background of the individual communication procedure and the common status of the Human Rights Committee. The second chapter presents a detailed description of the individual communication procedure itself. The third chapter focuses on the related international law issues, including the individual legal status in international law, the relationship between sovereignty and the international human rights protection, the position and contribution of Chinese government to the international human rights protection, the significance of the individual communication procedure and the actual conditions in its execution . The thesis ends with the conclusion of the tendency of the contemporary international human rights protection.