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Факультет международных отношений ; The paper focuses on the specificity of extraterritorial applicability of the International Covenant on Civil and Political Rights. It states that throughout practice of judicial and quasi-judicial bodies extraterritorial application of the Covenant is expanding, depending on the special character of power over the enjoyment of human rights, which is exercised by State Parties outside national territory. This expansion is clearly shown in the paper, giving a coherent view on the issue and determining key problem areas.

In March 2019, the United Nations Human Rights Council finalized its periodic review of China's human rights record just as human rights in China were under intensified attack. As during prior reviews, China was criticized for its human rights practices. And, once again, China was urged to ratify the International Covenant on Civil and Political Rights (ICCPR), which China signed over twenty years ago. It is time to reevaluate this approach. This Article argues that the international community should change tack and instead call on China to remove its signature from this foundational human rights treaty. While this would be a brash and unusual strategy, it is sound as a matter of both law and politics. The anticipated upsides of confronting China about its failure to meet even the minimal obligations as a signatory outweigh the possible downsides of scaling back from the goal of universal participation. This Article recognizes that China's signing of the ICCPR has provided a justification for domestic actors to promote human rights protective reforms. The strength of this argument has, however, faded in recent years. A better path is to pursue a forthright approach whereby the international community rebukes the Chinese leadership's retrograde motion on civil and political rights while supporting those within China who have looked to the ICCPR for inspiration.

AbstractThis article discloses the fact that there have coexisted two Chinese texts of the International Covenant on Civil and Political Rights. One of the texts has been widely used by the United Nations and in China for more than three decades. However, it is not the authentic Chinese text of ICCPR. The authentic Chinese text of the Covenant, as published in the United Nations Treaty Series, has been rarely referred to in Chinese literature on human rights. The article compares the two texts and points out a number of mistakes in the widely used text in the light of the object and purpose of the Covenant. The article also analyses the legal and practical consequences of the situation, and proposes both a legally justifiable and practically acceptable solution to the problem.

This Guide to the International Covenant on Civil and Political Rights (ICCPR) condenses the guidance of the Human Rights Committee and accompanying legal scholarship into an easily accessible reference handbook for understanding the nature and scope of rights set forth in the ICCPR. The ICCPR offers the most widely accepted definition of civil and political rights at the international level, and as such this practical guide serves as an indispensable tool for legal practitioners and others who are dedicated to the promotion and protection of civil and political rights throughout the globe. It is also a useful source of information for introductory courses in international human rights law. Published under the Transnational Publishers imprint