A Study On Theoretical And Practical Legal Aspects Of Reservation To Human Rights Treaties On Improving And Perfecting China’s Reservation To Human Rights Treaties

Reservation to human rights treaties is a special area under the reservation systemto multilateral treaties. The evolution of the reservation system to multilateral treatiesshowed that the system seeks to promote the universality, which has reflected theprinciple of state sovereignty has the superiority in the international community, ofthe adoption and implementation of multilateral treaties including human rightstreaties in the world through flexible rules. Nevertheless, flexibility of the reservationsystem to treaties which established in1969"Vienna Convention on the law oftreaties" has promoted multilateral treaty getting widely adopting, meanwhile, at theexpense of the completeness of human rights treaties.The human rights committee extensively discussed the reservation to human rightstreaties in general comment No.24in1994, and put forward some different opinions.When International Law Commission carried out thematic research on "Practiceguidelines of the reservation to treaties", they also put the reservation to human rightstreaties as a priority issue. Different from international organization’s overcautiousexploring, Regional organizations such as the European Court of human rights havecarried out on the reservation to human rights treatise’s judgments and rulings. Alsocountries such as UK and USA, which researched the reservation to human rights treaties deeply, have also done a lot of practice.It is a weak legal basis on the international treaties that signed, approved, accepted,reserved and other aspects in China. At the same time, our country’s practice historyon the reservation to treaties is late relative to traditional European countries,especially in the field of human rights treaties. Therefore, it is of great value andsignificance to sort out relevant opinions and assertions about reservations tointernational human rights treaties in internationally wide, especially to examine latestnews and practices of European countries and USA in this field in the sense that it willhelp China to adjust itself appropriately as to and cope with reservations tointernationally human right treaties and to build responsible image of China as apowerful country, as that reservation to international human rights treaties are underdebasements and moving as always.This thesis consists of three chapters. The first chapter starts from the theoreticaldevelopment of reservations to international human rights treaties, divides the theoriesinto three stages taking "Vienna Convention on the law of treaties" as thecutting-point and analyses objectively different opinions. The second chapter studiestheories and practices of regional organizations, European countries and USA, basingon studies in the first chapter, those on the current situation of reservations tointernational human rights treaties and those on theories and practices of regionalorganizations and leading countries. The third chapter figures out principles ininternational human rights treaties, tries to find out shortcomings of China’s practicesin reservations to human rights treaties, in order that China will cope withinternational human right treaties more appropriately and reasonably, after examiningChina’s practices in reservation to international human rights treaties. The conclusionpoints out that reservations to international human rights treaties shall be adapted tothe development of international human rights movements.