联合国经济制裁中的人权保护问题研究

联合国经济制裁通常以安理会决议的形式出现,安理会决议具有法律效力,各国有义务全面、严格地执行安理会决议。安理会决议应当遵循《联合国宪章》的宗旨及原则,不得与一般国际法强制规律相抵触。当一国出现严重侵犯人权的罪行并怠于履行人权保护义务时,安理会可以代表国际社会对其采取保障人权的必要措施。联合国制裁经历了从"传统制裁"到"聪明制裁"的转变。由于缺少对公正审判权的保护,各国执行"聪明制裁"面临选择困境。针对"聪明制裁"可能引发的人权危机,有必要从制度设计层面入手,明确安理会决议的授权范围,完善"和平之威胁"的判断标准,加强对各国执行安理会决议的监督与审查,保障制裁对象的公正审判权,建立多元化的人权保护救济渠道。在联合国经济制裁中加强人权保护,有利于积极应对国际安全形势变化,有利于促进和平解决国际争端,有利于推动构建人类命运共同体。     

The Concluding Observations of United Nations Human Rights Treaty Bodies

The seven principal United Nations-sponsored human rights treatiesstipulate that States Parties submit periodic reports to therespective treaty monitoring bodies (or ‘committees’)¹on the implementation of their treaty obligations. Followingthe review of a report, the treaty body in question issues aset of ‘concluding observations’, containing itscollective assessment of the State's record and recommendationsfor enhanced implementation of the rights in question. Arguably,the issuance of concluding observations is the single most importantactivity of human rights treaty bodies. It provides an opportunityfor the delivery of an authoritative overview of the state ofhuman rights in a country and for the delivery of forms of advicewhich can stimulate systemic improvements. Its significanceis all the greater now that the only accounts of the reviewof periodic reports which appear in the annual reports of thetreaty bodies are the adopted concluding observations.² Thisarticle seeks to test key aspects of the quality of concludingobservations. The analysis is set within the framework of reviewof the development of the practice.     

Taking Metaregulation to the United Nations Human Rights Treaty Regime: The Case of the Convention on the Rights of Persons with Disabilities

This article argues that regulatory scholarship can be harnessed to promote human rights, in this case the rights of persons with disabilities. It argues that the regulatory regime of the Convention on the Rights of Persons with Disabilities (the Convention) establishes a human rights metaregulatory regime. It shows that the Convention delegates all of the regulatory functions to four different actors, to the effect that no single actor has the full range of regulatory competencies. The implication of this high degree of delegation is that the Convention establishes a three‐party framework whereby the interaction between the regulatee and the two regulators is mediated by an oversight body. While organically independent, each actor is functionally interdependent so that an equilibrium is established. At a time where the effectiveness of the UN human rights treaty system is under assault, this article argues that the metaregulatory regime of the CRPD provides an optimistic vision for the future of human rights treaties.     

Of Shaming and Bargaining: African States and the Universal Periodic Review of the United Nations Human Rights Council

The Universal Periodic Review (UPR) of the United Nations HumanRights Council promises to be a useful tool for examining humanrights situations in states in an objective, non-selective,universal and transparent manner. It is an undertaking imbuedwith a shift from the former Commission's policies and practiceof shaming to a new consensual and cooperative model of humanrights evaluation. The experience of African countries, bothduring the negotiation over its normative and institutionalframework and in the two sessions of the Working Group on UPR,lays bare the challenges to the new human rights body and itsunique peer review mechanism. The article critically examinesthe participation of African countries in the UPR and highlightssome of the issues that deserve, at this early stage, the attentionof all those who mind to see the objectives of the UPR fullyrealised.     

论联合国经济制裁中的人权保护——兼评联合国对朝鲜的经济制裁

联合国经济制裁是安理会依据《联合国宪章》第41条为维持国际和平与安全采取的一种强制措施.战后安理会实施的经济制裁一方面给受制裁国发出了要求或强迫其遵守国际法的警告,而另一方面,在实施制裁过程中给受制裁国带来人道主义灾难,妨碍而不是促进人权,从而削弱了经济制裁的效力.因此,联合国在经济制裁中也应遵守国际人权法和国际人道主义法.     

Rights and Rhetoric: The Politics of Asylum and Human Rights Culture in the United Kingdom

No assessment of the state of human rights today could be complete without some consideration of the situation of asylum seekers and the political trends behind it. Four years after the implementation of the 1998 Act, asylum seekers are perhaps more denigrated in rhetoric and harsh practice than they were even before the first promise that rights would be 'brought home' for all 'people' in the United Kingdom. This piece looks at the undermining of the very concept of asylum, dehumanizing policies such as forced destitution, and attacks on access to legal process for those making asylum claims. It goes on to consider judicial attempts at coping with the arena in which high politics and fundamental rights seem in greatest tension. Finally it considers potential implications for the broader aspiration of building a human rights culture in this country.     

The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of English mental health and mental capacity law. The CRPD introduces a new paradigm into international disability law, relying on the social model of disability. While that is no doubt a good thing, there is as yet no clear sense as to how that is to be implemented. After providing an introduction to the Convention, the paper considers four specific areas: mental capacity law (focussing on the provisions of the Mental Capacity Act 2005), psychiatric treatment without consent, civil detention of people with mental disabilities, and mental disability in the criminal system (fitness to plead, insanity and diminished responsibility).     

论联合国人权条约监督机制的改革

联合国人权条约监督机制在运行过程中暴露出来的问题在20世纪80年代已引起了国际社会的关注,随后围绕如何完善这一机制的讨论一直没有间断。与此同时条约监督机制自身也在不断进行调整,然而时至今日,改革并没有取得令人满意的效果。本文通过梳理和反思以往联合国内部的改革努力以及社会各界的改革提议,提出了人权条约监督机制改革可能的努力方向。     

Twenty-Five Years of the United Nations Convention on the Rights of the Child: Achievements and Challenges

Netherlands International Law Review - The 25th anniversary of the UN Convention on the Rights of the Child in November 2014 is an appropriate occasion for reviewing its record of achievements and...     

Repositioning the international human rights protection system: the UN Human Rights Council

The creation of a UN human rights mechanism was meant to address systematically the international protection and promotion of human rights within the context of international relations. Over the years, the Human Rights Commission has dealt with human rights issues in ways which some commentators have labelled unsatisfactory. The United Nations High Level Panel on Threats, Challenges and Change, set up by Kofi Anna to conduct an in‐depth study on global threats, and provide an analysis of future challenges to peace and security, recommended a review of HR mechanisms. This led to the establishment of the Human Rights Council, replacing the Human Rights Commission. One of the mechanisms introduced was the Universal Periodic Review of Human Rights. This article looks at how the UPR process has progressed so far and makes some assessment as to where it is heading.     

The UN Human Rights Norms for Corporations: The Private Implications of Public International Law

Though many years in the making, the UN Human Rights Norms forCorporations only registered on the radars of most states, corporationsand civil society organisations in August 2003 when they beganto move up the ladder of the United Nation's policy-making processes.Since then they have been subject to intense, and sometimesintemperate, debate, scrutiny and controversy. A particularlegal feature of the deliberations has been the focus on theclosely related questions of the legal standing of the Normsin their present format (namely, an imperfect draft, and therefore,of no direct legal force), and what they might become (possibly—thoughnot likely soon—a treaty that speaks to corporations butbinds states). A potent mix of distrust and suspicion, vestedinterests, politics and economics has given rise to a greatdeal of grand-standing and cant concerning these questions andhow they might be answered. In this article, the authors explorethe history of the Norms and the form and content of the debatethat surrounds them, in their attempt to disentangle the legalfrom the rest. That said, the article also focuses on the realpoliticking of the circumstances in which the Norms now findthemselves and it seeks to offer some guidance as to where theNorms—or at least their substance, if not their form—mightgo from here.     

Designing the United Nations Environment Programme: a story of compromise and confrontation

The role of the United Nations in global environmental governance was determined in 1972 when a new international body for the global environment was created as a programme within the United Nations rather than as an autonomous specialized agency. A set of political dynamics between developed and developing countries led to the decisions on the functions, form, financing, and location of the new intergovernmental organization—the United Nations Environment Programme. This article traces the historical roots of these choices and exposes the motivations behind them.

试析联合国人权理事会与涉朝人权问题——兼及朝鲜人权问题对周边国家的影响

朝鲜人权问题一直受到联合国的关注。2004年联合国人权委员会首次将朝鲜列入了国别人权审议名单;2006年联合国人权理事会取代了人权委员会,建立了普遍定期审查机制,并于2010年对朝鲜进行普遍定期审议;蒙丹篷特别报告员多次提交关于朝鲜的人权报告,引起了国际社会的关注和朝鲜的抗议。而朝鲜自身的人权问题也对其周边国家产生着重大影响。     

The United Nations,the United States,and the War on Terrorism

Since the moment the United Nations was created, the Americans have had certain expectations of it, which logically follow from their past.