摘要
The concluding observations are comments and recommendations made by the treaty bodies to the country after reviewing the reports of specific State Parties with a view to monitoring the State Parties’compliance.although these opinions are not legally binding,they do have a certain authority.When deciding whether to endorse this authority and accept the recommendations,the State party will focus on the legality of the concluding observations.The legality of the concluding observations is influenced by three factors,the first one is the formal relevance between the recommendations and the relevant treaty provisions;the second one is the substantive relevance between them;the third is the extent to which the treaty interpretation rules are followed.For the concluding observations of treaty bodies against china,we should treat them separately.The feasible recommendations that are most closely related to treaty obligations should be adopted as far as possible.appropriate consideration should be given to general policy recommendations,and recommendations that are completely unrelated to treaty obligations can be ignored.
The concluding observations are comments and recommendations made by the treaty bodies to the country after reviewing the reports of specific State Parties with a view to monitoring the State Parties’ compliance.although these opinions are not legally binding, they do have a certain authority.When deciding whether to endorse this authority and accept the recommendations, the State party will focus on the legality of the concluding observations.The legality of the concluding observations is influenced by three factors, the first one is the formal relevance between the recommendations and the relevant treaty provisions; the second one is the substantive relevance between them; the third is the extent to which the treaty interpretation rules are followed.For the concluding observations of treaty bodies against china, we should treat them separately.The feasible recommendations that are most closely related to treaty obligations should be adopted as far as possible.appropriate consideration should be given to general policy recommendations, and recommendations that are completely unrelated to treaty obligations can be ignored.
作者简介
ZHANG Xuelian(张雪莲),Lecturer of the Law School,Southeast University,Doctor of law.
