Research On The Implementation Mechanism Of The Framework Convention On Tobacco Control

After a treaty adopted,it usually establishes a related compliance mechanism to ensure its effective implementation.Among them,most of the international human rights conventions and environmental agreements have established a relatively perfect monitoring system,and their successful experience has been referred for many times,that is,to stipulate the treaty bodies and specific systems in the way explicitly authorized by the convention,and the Framework Convention on tobacco control is no exception.At present,more and more countries are aware of the importance of maintaining the common health of the whole mankind.Under the guidance of the Convention,countries have formulated detailed tobacco control plans based on the supply and demand of tobacco,and constantly strengthened tobacco tax and other non-price measures.This shows that the parties attach great importance to the key provisions,and it also reflects the low degree of other provisions' implementation,which is mainly caused by the defects of the Convention's compliance mechanism.The implementation provisions of the FCTC are embodied in articles 20-27.After a brief overview of the emergence of its compliance mechanism,the paper focuses on the content of thecompliance mechanism,including its treaty bodies and specific systems.The treaty bodies usually refer to the Convention Secretariat and the Conference of the Parties(COP),which are respectively responsible for the preparation and review of parties' reports;in addition,it is supplemented by subsidiary bodies and authorized groups established by the COP.Of course,the implementation mechanism of the FCTC cannot operate without some systems' support.Among them,the reporting system,as the core,runs through the COP and serves as the basis for assessing the implementation of the Convention.During reviewing reports,different countries or regions can raise questions and express opinions around the content of parties' report,which not only exchanges information on tobacco control,but also promotes cooperation among religions and countries;dispute settlement system is the reference to deal with the differences or other conflicts between the parties due to the interpretation and application of the Convention.It is true that the operation of the implementation mechanism has promoted the implementation of the Convention,but its development still faces many challenges,such as the lack of independence in the treaty bodies,the poor quality ofreports,the absence of disciplinary system,and the imperfection of the dispute settlement system.Therefore,in order to effectively curb the prevalence of tobacco and protect human health,it is necessary to improve the existing compliance mechanism of the FCTC,and put forward improvement suggestions by referring to the relevant systems of international human rights and environmental conventions,in order to play its role in deliberation and supervision better.