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BANGLADESH UNIVERSITY

Research Paper
On
Effectiveness of the Implementing Mechanism for
International Convention on Civil and Political
Rights (ICCPR) and Critical Analysis
Course Name: Research Monograph
Corse Code: LL.M 515

Prepared By:
Rubeya Binta Ekram
ID No: 201623819009
Batch: 19th
Department of Law
Bangladesh University

Prepared For:
Prof. Dr. Nazmuzzaman Bhuian
Advisor
Department of Law
Bangladesh University

Date of Submission: 6th May, 2017


LETTER OF TRANSMITTAL

Date: 6th May, 2017

To
Prof. Dr. Nazmuzzaman Bhuian
Advisor
Department of Law
Bangladesh University

Subject: Submission of Research Paper.

Dear Sir,
It is a great pleasure to submit my Research Paper on Effectiveness of the Implementing
Mechanism for International Convention on Civil and Political Rights (ICCPR) and
Critical Analysis. I have given best efforts to finish the thesis with relevant information that I
have collected from various sources. I have concentrated my efforts to achieve the objectives
of the work and hope that my endeavor will serve the purpose.

I shall be grateful and obliged if you kindly accept my thesis and evaluate it.

Sincerely yours,

Rubeya Binta Ekram


ID No: 201623819009
Batch: 19th
Department of Law
Bangladesh University
Students Declaration

I hereby do solemnly declare that the work presented in this thesis has been carried out by me
and has not been previously submitted to any other institution. The work I have presented
does not breach any copyright. I further undertake to indemnify the university against any
loss or damage arising from breach of the forgoing obligations.

Rubeya Binta Ekram


ID No: 201623819009
Batch: 19th
Department of Law
Bangladesh University
Certificate Of Supervisor

This is to certify that the Research Paper on Effectiveness of the Implementing


Mechanism for International Convention on Civil and Political Rights (ICCPR) and
Critical Analysis is done by Rubeya Binta Ekram, ID No: 201623819009, in partial
fulfillment of the requirement for the degree of LL.M from Bangladesh University. The
Research Paper has been carried out under my guidance and is a record of the bonafied work
carried out successfully.

I wish her every success in her life.

..................................
Prof. Dr. Nazmuzzaman Bhuian
Advisor
Department of Law
Bangladesh University
Acknowledgements

At first, I would like to thank Almighty Allah for his kindness on me in accomplishing the
report. I would like to express my deep sense of gratitude to my honorable and distinguished
supervisor Prof. Dr. Nazmuzzaman Bhuian, Advisor, Department of Law, Bangladesh
University for his individual suggestions, valuable time, important information and guidance
during the study period that has greatly inspired me in preparing this report successfully.

It could not possible to think all those people who have contributed for the preparation of this
report. Of course there are some very special names that cannot be forgotten. I am also
grateful to the Department of Law, BangladeshUniversity for providing me such an
opportunity to come closer to real situation.

Finally, I want to express my deep gratitude to my family members and all well wishers
whose enormous helps assisted me to complete this report.

Rubeya Binta Ekram


ID No: 201623819009
Batch: 19th
Department of Law
Bangladesh University
Abstract

The U.S. ratified the ICCPR in 1992. Upon ratification, the ICCPR became the
"supreme law of the land" under the Supremacy Clause of the U.S. Constitution,
which gives acceded treaties the status of federal law. The U.S. must comply with and
implement the provisions of the treaty just as it would any other domestic law, subject
to Reservations, Understandings and Declarations (RUDs) entered when it ratified the
treaty. Though the government retains the obligation to comply with the ICCPR, one
of the RUDs attached by the U.S. Senate is a "not self-executing" Declaration,
intended to limit the ability of litigants to sue in court for direct enforcement of the
treaty.
Contents
Page No.

Chapter -1 Introduction.. 1
A. Meaning.................................................. 1
a. History. 2

Chapter -2 Purpose............ 3
A. Provided by law........ 3
B. Permissible purpose........... 3

Chapter -3 Conventional Act 9


A. Preamble 9
B. Summary 9

Chapter- 4 Implementation and Effect 12

Chapter -5 Optional Protocol................................................................................. 18


A. First Optional Protocol......... 18
B. Second Optional Protocol,......... 20

Chapter- 6 Applicability and Non-applicability 21

Chapter -7 Advantages and Disadvantages 24


A. Advantages 24
B. Disadvantages 27
Conclusion remarks 36
Bibliography ...................................................................................... 37