The Research Of "Humanitarian Intervention"

With the continuous development of the globalization, national political andeconomic interests are associated complex, the international community graduallyaffects the situation as a whole,the current provisions of international law have beenreached an agreement on some of the issues of" humanitarian intervention ".However,there are still some differences, all of these need international law to respond."Humanitarian intervention" plays a certain role in restricting the exercise ofnational sovereignty. In a certain extent, it plays an active role in avoiding people ofother countries from the excessive dictatorship and the ongoing abuse. When acountry deteriorates human rights situation,the national basic rights such as live,liberty, and the physical power are difficult to protect, does have human rightsprotection into the jurisdiction of international law. In this extent,"humanitarianintervention" is necessary.There is a dispute in “humanitarian intervention". In the relationship betweenhuman rights and sovereignty, human rights is greater than the sovereignty or thesovereignty is greater than human rights, there are different views among the differentnature of the country. At present, the theory of "humanitarian intervention" hasbecome the legal basis of invading other countries in some Western countries. At thesame time, due to the protection of the existing norms of international law is notenough,"humanitarian intervention" is overrun."Humanitarian intervention" is thetheoretical basis of international peace and stability, and constantly improving the"humanitarian intervention" would be more reasonable and effective in safeguardingworld peace and development.There are five aspects of the article in researching the “humanitarianintervention":The first part is the concept of "humanitarian intervention". To start from theconnotation of "humanitarian intervention", introduce the characteristics andsignificance by classificated, and describe the process of origin and international practice of "humanitarian intervention. All in all, there is an accurate positioning of"humanitarian intervention"The second part introduces the relationship between human rights andsovereignty. The relationship of human rights and sovereignty is a dialectical unity.Sovereignty is the basis of the protection of human rights, The human rights restrictthe exercise of sovereignty. Analyze and highlight the balance between human rightsand sovereignty in the current situation, and point out of the "the responsibility of theprotect" theory.The third part is the necessary of "humanitarian intervention". From themoral,the limitations of national sovereignty and the exercise and protection ofhuman rights and public opinion foundation,"humanitarian intervention" has themeaning of existence.The fourth part is the defect of theory and system. From the defect of the theory ofunilateral, unauthorized "humanitarian intervention" and deficiencies of the system ofcollective intervention of the United Nations, pointing out that "humanitarianintervention" is inadequate, while pointing out that "humanitarian intervention" isdifferent from the customary internationalThe fifth part is the improvement and suggestions of "humanitarian intervention".There is a clear line of "humanitarian intervention", it is permitted to interferencewhen breaking though the line. At the same time, there are a uniform understanding of"humanitarian intervention" and the relationship between human rights andsovereignty. The United Nations should constantly improve the investigation anddecision-making process, establish and develop the supervision system, so that the"humanitarian intervention" can be back on track...