Thursday, August 30, 2007

The Issue of Ratification

I believe I have read all your posts by now. There seems to be a trend in answering Q1 -- and in some cases other questions in the same key -- by making references to the UDHR and the ICCPR and the ICCPR's derogation provisions in the Syracusa Principles. This normally would have been fine, except that Malaysia never signed the UDHR and never became a state-party to the ICCPR. For reference, please, take a look at the UNHCHR's ICCPR ratification web-page at http://www.ohchr.org/english/law/ccpr-ratify.htm
Since Malaysia is clear not on the list of the states that ratified, acceeded or succeeded to the ICCPR, how would you argue whether the Malaysian government can establish a legitimate interest in Lina Joy's case?

1 comment:

Blog.Ponnarith said...

"Since Malaysia is clear not on the list of the states that ratified, acceeded or succeeded to the ICCPR"
I think this poin every one is fail of unclea information over Malaysian government join ICCPR or not, if not, Malaysian can establish a legitimate interest to deny Lina Joy a change of her identity. Thanks for information that can link to Internet and make sure everyone know Malasian government had listed in ICCPR or not.