“Form over substance? - China’s contribution to human rights through universal periodic review”

Smith, Rhona (2014) “Form over substance? - China’s contribution to human rights through universal periodic review”. In: Asian Yearbook of International Law 2011. DILA, pp. 85-116. ISBN 978-89-959089-45

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Abstract

This article will analyse the Chinese contribution to the first cycle of the Human Rights Council’s universal periodic review. In 2006, the then new U.N. Human Rights Council was tasked with establishing the modalities of a universal periodic review of compliance by all U.N. member states with human rights and humanitarian law, irrespective of which treaties any state has elected to ratify. The Universal Declaration of Human Rights and voluntary commitments of states can be used to discern the salient human rights standard, filling any gaps in a state’s framework of human rights’ obligations derived from their treaty ratifications. China was a vocal member of the Like Minded Group in the U.N. during this formative period and succeeded in securing a General Assembly, then Human Rights Council, resolution which reflected the group’s view of universal periodic review.

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