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Research On International Law Of Humanitarian Intervention

Posted on:2014-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:H X LiFull Text:PDF
GTID:2266330425491687Subject:International Law
Abstract/Summary:PDF Full Text Request
The main objective of this article is to further understand its legal issues in practice through theoretical analysis of humanitarian intervention.In doing so, we can suggest possible legal advice in practice and achieve the goal of regulate the practice of humanitarian intervention, so as to maximize theoretical effects of humanitarian intervention.In the composing of the article, we have taken a variety of research methods, such as combining theory with practice, comparative analysis, countermeasures, which have both theoretical analysis of conflicts and discussion of legal measures, thereby maximally enrich the theoretical basis and make a comprehensive illustration of the article.This paper first generally talks about the definition, the developed history and diversity of theories in countries worldwide. Then the text analyzes the rationality and validity. It emphasizes on the conflicts between the humanitarian intervention and three basic principles of international law:the state sovereignty principle, no interference in each other’s domestic affair and no use of military force. The third part of the paper seeks possibility of international law regulation through analysis of humanitarian intervention and challenges that international law faced. From the perspective of international committee, this paper insists that humanitarian intervention led by UN is rational, and it gives advices in substantive law and adjective law. The former focuses on improving systems for country, individual and group to bear legal responsibilities; the later has to be improved from starting, decision making and supervising aspects. The last part seeks countermeasure about china’s humanitarian intervention according to the state condition and diplomatic strategy. From foreign policy perspective, china shall actively participated in the process of making humanitarian intervention mechanism and humanitarian intervention conducted by the UN; From the aspect of domestic level, china shall deepen its efforts in the research of humanitarian intervention and improvement of domestic human rights guarantee mechanism. The conclusion talks not only the expectation of humanitarian intervention,but also consider about its shortcoming, so that to further exploration of humanitarian intervention and improve related laws and regulations.
Keywords/Search Tags:Humanitarian intervention, Human rights, Sovereignty, Legal responsibility
PDF Full Text Request
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