Countries and behaviors that do not abide by international conventions

It is the responsibility of every country to abide by international treaties and conventions.

In order to maintain the basic order of human life and the most basic morality and dignity of human beings, the United Nations has formulated many conventions, treaties and protocols. International conventions, treaties and international practices are the sources of international law.

In some countries, the effectiveness of international treaties takes precedence not only over domestic laws, but also over national constitutions. For example, the Dutch constitution stipulates that "the court has no right to judge whether the agreement is constitutional". According to the relevant laws of the European Union, if there is a conflict between the EU law and the domestic laws of member countries, the provisions of the EU law must prevail. For EU countries, the status and effectiveness of their domestic constitutions are not as good as those stipulated in EU laws.

In the Constitution of China, the relationship between treaties and domestic laws is not clearly defined. However, many common laws stipulate that the applicability of treaties takes precedence over domestic laws. For example, Article 142 of the General Principles of Civil Law stipulates: "If the international treaties concluded or acceded to by People's Republic of China (PRC) have different provisions from the civil law of People's Republic of China (PRC), the provisions of the international treaties shall apply, except for the provisions on which People's Republic of China (PRC) has declared reservations. If there are no provisions in the laws of People's Republic of China (PRC) and international treaties concluded or acceded to by People's Republic of China (PRC), international practices can be applied. " China's diplomatic statement also made it clear that treaties that have entered into force for China internationally also have legal effect at home. Generally speaking, for a treaty to take effect in a country, it needs to be signed by that country and approved by the domestic parliament or relevant institutions. However, some international treaties and conventions are binding even if they are not acceded to. For example, crimes against humanity and war crimes, whether you join or recognize relevant international treaties and conventions, the international community can pursue your criminal responsibility.

It is the responsibility of every country to sign and abide by international treaties and conventions. As one of the founding members of the United Nations, China should take the lead in signing the conventions, treaties and protocols of the United Nations and earnestly implement them. This is the solemn responsibility of the China government to the China people and the international community, and should not be shirked for any reason.

1, Statute of the International Court of Justice

The Statute of the International Court of Justice is an integral part of the Charter of the United Nations, and all Member States of the United Nations are natural participants in the Statute.

According to the Statute, the International Court of Justice has jurisdiction over all cases submitted by the parties concerned and all events stipulated in existing treaties and statutes. The judgment of the International Court of Justice is legally binding on all parties concerned. Obviously, it is ridiculous to cite "internal affairs" and other reasons in this case.

In 200 1 year, Yugoslav President Milosevic was arrested and sent to the International Court of Justice for trial; 20 10 On July 22nd, the International Court of Justice ruled that Kosovo was independent and legal.

2. International human rights conventions

The Convention includes a series of conventions, agreements and protocols in the field of human rights, such as the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant on Civil and Political Rights. At present, China has joined 25 of them, namely:

& lt 1 & gt； International Covenant on Economic, Social and Cultural Rights (signed at 1997, ratified at 5438+0 in 2006, and entered into force in the same year. )

& lt2> International Convention on the Elimination of All Forms of Racial Discrimination (acceded to 198 1 and entered into force on 1982). )

& lt3> Convention on the Prevention and Punishment of the Crime of Genocide (ratified on 1983 and entered into force in the same year. )

& lt4> The International Convention on the Prohibition and Punishment of the Crime of Apartheid (1983) came into force in the same year. )

& lt5> International Convention against Apartheid in Sports (signed on 1987 and entered into force on 1988). )

& lt6> Convention on Equal Pay for Men and Women Workers for Equal Work (ratified on 1990, came into effect in the same year. )

& lt7> Convention on the Elimination of All Forms of Discrimination against Women (1980), which came into force in the same year. )

& lt8> Convention on the Rights of the Child (ratified on 1992, came into force in the same year. )

& lt9> Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (ratified in 2002 and entered into force in 2003). )

& lt 10 > Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (ratified in 2002 and entered into force in 2003). )

& lt 1 1 & gt； Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified at 1986 and entered into force at 1988). )

& lt 12 > convention on employment policy (ratified on 1997 and entered into force on 1998). )

<13 > convention relating to the status of refugees (1982 acceded, 1982 came into force. )

& lt 14 & gt； Protocol relating to the Status of Refugees (1982), which entered into force in the same year. )

& lt 15 > Convention on Vocational Rehabilitation and Employment (Disabled Persons) (ratified on 1987 and entered into force on 1988). )

& lt 16 > convention on the minimum age for employment (ratified by the NPC Standing Committee with 1998 and declared that it is not applicable to the Hong Kong Special Administrative Region).

& lt 17 > Convention on the Elimination of Discrimination in Employment and Occupation (ratified by the NPC Standing Committee in 2005, with a declaration that it does not apply to the Hong Kong Special Administrative Region).

& lt 18 & gt； Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (200 1 signed by Ambassador Wang Yingfan, Permanent Representative of China to the United Nations, on behalf of People's Republic of China (PRC)).

& lt 19 > Convention on the Rights of Persons with Disabilities (one of the first signatories, entered into force in 2008)

& lt20 >； Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (ratified at 1956 and entered into force at 1957). )

& lt2 1 & gt； Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (ratified on 1956 and entered into force on 1957). )

& lt22 >； Geneva Convention relative to the Treatment of Prisoners of War (date of ratification: 1956, date of entry into force: 1957). )

& lt23 >； Geneva Convention relative to the Protection of Civilian Persons in Time of War (date of ratification: 1956, date of entry into force: 1957). )

& lt24 >； Protocol Additional to the Geneva Conventions and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) (date of accession: 1983, date of entry into force: 1984). )

& lt25 >； Protocol Additional to the Geneva Conventions and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (date of accession: 1983, date of entry into force: 1984). )

Other human rights conventions to which China has acceded include:

& lt 1 & gt； . 192 1 convention on the right of assembly and association of agricultural workers (recognized and entered into force in 1984)

& lt2> Convention on Weekly Rest for Industrial Enterprises (recognized and effective in 1984)

& lt3>. 1925 Convention on Equal Treatment of Domestic Workers and Foreign Workers for Accident Compensation (1984 recognized and came into force).

& lt4 >1928 minimum wage fixing convention (recognized in 1984 and entered into force in the same year).

The International Covenant on Economic, Social and Cultural Rights stipulates that in education: "Primary education should be compulsory and free; All forms of secondary education, including secondary technical and vocational education, should be generally established by all appropriate means and open to all, especially gradually free of charge; Higher education should be open to all by all appropriate means and on the basis of achievements, especially gradually free of charge "; In terms of labor protection: "Everyone has the right to form trade unions and join trade unions of his choice, so as to promote and protect his economic and social interests".

The International Convention on the Elimination of All Forms of Racial Discrimination stipulates that everyone, regardless of race, color, nationality or race, has the equal right to move freely and live in his own country; The right to leave any country, including his own country, and the right to return to his own country; Right to freedom of opinion and expression.

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment stipulates: "No special circumstances, whether a state of war, a threat of war, internal political turmoil or any other public emergency, may be invoked to justify torture"; "No State Party shall expel, return or extradite a person to another country if there are substantial grounds for believing that he would be in danger of being subjected to torture".

Although China signed the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights on 1998, China has not yet ratified these two covenants to enter into force in China. So far, China has not signed the United Nations Convention against Discrimination in Education and the Recommendation against Discrimination in Education. In fact, the Convention against Discrimination in Education has exciting provisions: "Make primary education free and compulsory; Make all forms of secondary education generally established and open to all, and "make higher education open to all equally according to individual achievements".

20 10, 10 On February 23rd, the United Nations Convention for the Protection of All Persons from Enforced Disappearance came into force, and China refused to accede to it.

3. Maritime conventions

& lt 1 & gt； International Maritime Organization. 1948 Convention (recognized and entered into force in 1973)

& lt2> Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (recognized in 1952, entered into force in 1957, with reservation in article 10).

& lt3> 1965 International Convention on Facilitation of Maritime Transport (1994 joined, 1995 came into force).

& lt4> 1972 convention on international regulations for preventing collisions at sea (1980 joined and entered into force).

& lt5> 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (accession 1985)

& lt6>. 1973 protocol on intervention in pollution by non-oil substances on the high seas (1990 joined and entered into force).

& lt7 >1974 international convention for the safety of life at sea (signed on 1975 and ratified on 1980).

& lt8 >1979 international convention on maritime search and rescue (signed on 1980 and entered into force on 1985).

& lt9 > 1982 United nations convention on the law of the sea (signed on1982 and entered into force on 1996).

& lt 10 >. 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (signed at 1988, entered into force at 1992, and the first paragraph of article 16 is not accepted).

The Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation stipulates that it is a crime for anyone to "destroy a ship or cause damage to a ship or its cargo that may endanger the safety of maritime navigation" illegally and intentionally.

20 10, 10 In February, Japanese Foreign Minister Seiji Maehara quoted the United Nations Convention on the Law of the Sea to declare his rights to China: "I hope China will strictly abide by the international order stipulated in the United Nations Convention on the Law of the Sea, which is called the maritime constitution", "Many countries claim sovereignty according to this treaty" and "Generally speaking, challenging these is challenging the international order". It is worth mentioning that China has not yet acceded to the Convention on the Continental Shelf.

4. United Nations Convention against Corruption

On October 27th, 2005/KLOC-0, the 18th meeting of the 10th the National People's Congress Standing Committee (NPCSC) deliberated and adopted the United Nations Convention against Corruption.

The United Nations Convention against Corruption stipulates: "All States parties should formulate, implement or adhere to effective and coordinated anti-corruption policies in accordance with the basic principles of their legal systems, which should promote social participation and embody the principles of the rule of law, proper management of public affairs and public property, integrity, transparency and accountability".

According to Transparency International's ranking of countries' Corruption Perceptions Index, in 2003, China scored 3.4, ranking 66th in the world, and scored 3.5 in 20 10, dropping to 78th in the world.

5. International conventions against terrorism

By the end of 20 10, all the UN 13 international anti-terrorism conventions were adopted in China, but some of them were not accepted. These conventions are:

& lt 1 & gt； Aircraft Convention 1963 (joined in 1978 and entered into force in 1979)

& lt2 & gt。 1970 Convention on Illegal Occupation (China joined and entered into force on 1980).

& lt3 >1971convention on civil aviation (joined in 1974 and entered into force on the same day).

& lt4 & gt。 1973 convention on diplomatic representatives (entered into force in 1987, and did not accept 13, 1).

& lt5> 1979 Convention on the Taking of Hostages (entered into force on 1993)

& lt6>. 1980 convention on nuclear materials (1989 came into force, declaring that it is not bound by the second paragraph of Article 17 of the convention).

& lt7>. 1988 airport protocol (approved by 1988)

& lt8> 1988 maritime convention (199 1 ratified, with a statement that article 16 1 was reserved).

& lt9 >1988 protocol on fixed platforms (approved in 199 1).

& lt10 >1991Convention on the Marking of Plastic Explosives for the Purpose of Detection (adopted in the same year)

& lt 1 1 & gt； 1997 International Convention for the Suppression of Terrorist Bombings (ratified in 2006, 5438+0)

& lt 12 > 1999 International Convention for the Suppression of the Financing of Terrorism (ratified in 2006)

& lt13 > International Convention for the Suppression of Acts of Nuclear Terrorism, 2005 (ratified in 20 10).

At present, the member States are holding consultations on the international treaty 14, namely "the draft comprehensive convention on international terrorism".

6. Weapons of Mass Destruction Convention

& lt 1 & gt； . 1970 The Nuclear Non-Proliferation Treaty (1992) was joined and entered into force at the same time. )

& lt2> Biological Weapons Convention (joined and entered into force on 1984)

& lt3 >1993 chemical weapons convention (ratified by 1996)

& lt4 > 1996 Comprehensive Nuclear-Test-Ban Treaty (signed on1996, but not formally ratified)

The Nuclear Non-Proliferation Treaty stipulates that a nuclear-weapon state shall not directly or indirectly transfer nuclear weapons or nuclear explosive devices to any non-nuclear state, and shall not help non-nuclear States to manufacture nuclear weapons; Non-nuclear States promise not to develop, accept or seek to acquire nuclear weapons; Stop the nuclear arms race and promote nuclear disarmament; Put peaceful nuclear facilities under the international safeguards of the International Atomic Energy Agency and provide technical cooperation in the peaceful use of nuclear energy. According to the regulations, the treaty is valid for 25 years, during which a meeting is held every five years to review the implementation of the treaty.

From 65438 to 0985, North Korea joined the Nuclear Non-Proliferation Treaty. From May 1992 to February 1993, North Korea accepted six unscheduled nuclear inspections by the International Atomic Energy Agency, but the two sides disagreed on the objects and results of the inspections. 1In February 1993, after the International Atomic Energy Agency decided to conduct compulsory "special inspections" on North Korea's nuclear facilities, North Korea announced its withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons on the grounds of national security. On February 10, 2005, North Korea officially declared its possession of nuclear weapons.

7. Environmental conventions

Important United Nations environmental conventions signed by China are:

& lt 1 & gt； . 1969 International Convention for Intervention in Oil Pollution Accidents on the High Seas (joined and entered into force in 1990)

& lt2> Vienna Convention for the Protection of the Ozone Layer (1985).

& lt3 >1990 Montreal protocol on substances that deplete the ozone layer (9 1 accession, 1992 came into force).

& lt4> 1992 Convention on Biological Diversity (signed in 1992 and ratified in 1993)

& lt5> 1992 convention on climate change (signed in 1992 and ratified in 1993).

& lt6> 1994 United nations convention to combat desertification (signed on 1994 and ratified on 1997).

& lt7> 1997 Kyoto protocol (signed on 1998 and adopted in 2002)

& lt8> Stockholm Convention on Persistent Organic Pollutants in 200 1 year (signed in 2001year and entered into force in 2004).

The United Nations Convention to Combat Desertification stipulates that all countries have the responsibility to "protect the climate system for the benefit of present and future generations of mankind" and that "all parties should take preventive measures to predict, prevent or minimize the causes of climate change and mitigate its adverse effects. When there is a serious or irreversible threat of damage, such measures should not be postponed on the grounds that there is no complete scientific certainty. "

At the end of last century, Huang Wanli, a famous expert, predicted: "Damming (the Three Gorges of the Yangtze River) will cut off the flow of sediment, causing floods in the upper reaches to rise and frequent floods; Land reclamation in the lower reaches stopped and beaches were eroded, "he even predicted. "More suspended sand floating in the water is partially deposited, blocking Chongqing Port and cutting off the navigation channel. During the flood, the water level will be raised, and the upper reaches of Hechuan Jiangjin area will be flooded, which is lower than that of the two counties. There are hundreds of thousands of people there, and the disaster of Hanshui River in Ankang may occur ten times as much as at the end of July 1983, which is extremely human. " In recent years, the climate anomalies in the Three Gorges, the Yangtze River basin and the south have been frequently reported in newspapers. The meteorological data provided by the Flood Control Office of the Three Gorges Project also shows: "In April this year (editor's note: 2005, the same below), the complexity and drastic changes of the weather in the Three Gorges dam area are rare in the same period of the past 50 years. Please read the report in China Three Gorges Project:' The climate in the Three Gorges dam area was abnormal in April this year. The temperature did not increase gradually with the arrival of summer, but showed a downward trend. At the end of April, the average temperature was less than 12 degrees Celsius. In mid-April, large-scale snowfall occurred in the surrounding mountainous areas, and there were three cooling processes in that month. The temperature difference rises sharply, and the inversion dislocation is serious. In addition, the monthly precipitation in April was 236.5 mm, which was the highest in the dam-break area in recent 18 years, breaking the highest in Yichang area in recent 1 18 years. According to related news reports this year, Dongting Lake and Poyang Lake have been transformed into 10,000 mu of grassland due to drought.

8. International Health Regulations

The International Health Regulations was formulated in 1969 to control the global spread of infectious diseases, and is currently managed by the World Health Organization. The regulation requires countries that abide by the agreement to notify the World Health Organization of outbreaks of serious infectious diseases, such as cholera, yellow fever and plague. On June 15, 2007, the World Health Organization revised the regulations, and the scope of notification was extended to any newly discovered infectious diseases and radiation and chemical incidents. At present, the rule has 193 member countries. China has recognized this provision since 1 June, 9791day. On May 14, 2007, the government of China issued a statement that the International Health Regulations (2005), which will take effect on June 15, 2007, are applicable to China, including Hongkong, Macau and Taiwan Province provinces.

In 2003, a large-scale SARS epidemic broke out in China, which spread all over the world. On April 3rd, the Ministry of Health of China held a press conference in Beijing. At that time, the Minister of Health said that the epidemic had been effectively controlled and it was safe to work and travel in China and Beijing. He also said that there were only 12 SARS cases in Beijing and 3 deaths. He also said with a smile that it is safe to wear a mask or not. It is generally believed that this statement misled people and governments at home and abroad. There is a retired doctor named Jiang in 30 1 Hospital of Beijing People's Liberation Army. He got some internal information about SARS and knew that the epidemic was far more serious than the minister said. After reporting the SARS epidemic to foreign media, the SARS epidemic in China was finally revealed to the world, and a nationwide "campaign against SARS" was launched.

9. Education, culture and science conventions

& lt 1 & gt； Berne Convention for the Protection of Literary and Artistic Works (1886) (joined and entered into force on 1992, declaring that it enjoys the rights stipulated in Articles 2 and 3 of the Annex).

& lt2 >1945 constitution of the United nations educational, scientific and cultural organization (signed at 1946).

& lt3> 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Protocol (ratified 1999)

& lt4> Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1984).

& lt5>. 1967 convention on the establishment of the world intellectual property organization (1980 joined and entered into force).

& lt6 >1971universal copyright convention (join 1992 and claim the rights of Article 5 ter and Article 4).

& lt7> Convention on the Protection of Producers of Phonograms from Unauthorized Reproduction (acceded on 1993)

& lt8 & gt。 1972 convention for the protection of the world cultural and natural heritage (ratified in 1985 and entered into force the following year).

& lt9> 1972 Convention on International Liability for Damage Caused by Space Objects (joined in 1988 and entered into force immediately).

& lt 10 >. 1989 integrated circuit intellectual property treaty (1990.5. 1 signed)

& lt 1 1 & gt； International Convention for the Protection of Intangible Cultural Heritage, 2003 (accession in 2004)

Berne Convention for the Protection of Literary and Artistic Works stipulates: "Authors of citizens of any member state, whether their works are published or not, shall be protected".

The Convention for the Protection of Producers of Phonograms against Unauthorized Reproduction of Phonograms stipulates: "Each Contracting State shall protect producers of phonograms who are citizens of other Contracting States, prevent the production of copies without the permission of producers of phonograms, and prevent the import of such copies, as long as such production or import is for public distribution; And prevent the public distribution of such copies. " .

The Convention for the Protection of the World Cultural and Natural Heritage stipulates that all countries have the responsibility to protect the natural and cultural heritage within their own territory and pass it on to future generations. To this end, the country should "make maximum use of its own resources and make use of existing international assistance and cooperation when necessary". The so-called cultural heritage refers to: cultural relics, buildings and sites.

10, other agreements

& lt 1 & gt； . 1907 Convention on the Peaceful Settlement of International Disputes (recognized in 1993 and entered into force in the same year).

& lt2 >1956 statute of the international atomic energy agency (ratified and entered into force in 1984)

& lt3 >1976 Treaty of Amity in Southeast Asia (the National People's Congress Standing Committee (NPCSC) decided to join it at the 10th meeting in 2003, and signed it in 2003 +00.8).

& lt4>. 1982 Articles of Association of Asia-Pacific Development Center (effective from 1983.2. 18)

& lt5 > 1986 convention on early notification of a nuclear accident (signed by1986, ratified by 1987, and not accepted in paragraph 2 of article1/).

& lt6 > 1986 convention on assistance in case of nuclear accident or radiation emergency (signed on1986 and ratified on 1987). Paragraph 2 of article 10 and paragraph 2 of article 13 are not accepted.

The Treaty of Amity in Southeast Asia stipulates that "differences or disputes should be settled by peaceful means" and "resort to force or threat of force is opposed".

The Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency stipulates that all countries should "cooperate with each other and with the International Atomic Energy Agency in order to provide prompt assistance in the event of a nuclear accident or radiological emergency, so as to minimize its consequences and protect life, property and the environment from the effects of radioactive release".