英文摘要 |
General comments and concluding observations of human rights treaty bodies have interpretative functions, although they are not legally binding. According to customary rules on treaty interpretation, and by reference to ICJ jurisprudence and the relevant reports of the International Law Association and the UN International Law Commission, the normative contents of the general comments and concluding observations constitute the subsequent practices among state parties that consent to them. State parties have the obligation to respond, either in a positive or negative way, to the interpretation by treaty bodies in general comments and concluding observations. The silence of States does not prevent the general comments and concluding observations from being subsequent practices. Those general comments and concluding observations concerning State obligations to control cigarette, state obligations on economic, social and cultural rights and extraterritorial obligations under the ICCPR have become subsequent practices of most state parties that are silent on them. Although the same documents have not become subsequent practices among the limited number of state parties which have expressed their dissent, they could also function as supplementary means of interpretation. |