On The Principle Of Non-interference

The idea of “non-intervention” has been developing along with the theory of sovereignty in the process of globalization since the Age of Discovery.However,it was not written into the positive international law as a fundamental principle until the twentieth century.This thesis attempts to provide a comprehensive survey and detailed analysis of the history of the principle of non-intervention in international law in order to clarify the contemporary legal framework of the principle of non-intervention.In addition to the Introduction and Conclusion,this thesis mainly consists of four parts:Chapter Ⅰ describes the origin of “non-intervention” as an idea.First,the basic views of early naturalists and positivists on the idea of “non-intervention” are presented.Second,this chapter focuses on the process through which the idea of “non-intervention” was concretized at the end of the nineteenth century: “intervention” was conceived as an intermediate state between peace and war in international law,and acquired its original legal character,limited armed force.Chapter Ⅱ turns its attention to the Americas,where the idea of “nonintervention” was first established as a regional public principle in the form of treaty law.This chapter notes that the structural evolution of international law not only belongs to the first actors,the international system dominated by the “Center” may still have some open legal gaps,waiting to be discovered and exploited by the “Peripheries”.Chapter Ⅲ sets out the sources,contents and effects of the principle of non-intervention in the context of positive law.The two phases of the principle of non-intervention are distinguished especially.The international society first raised the principle of non-intervention between the United Nations and States in Article 2(7)of the UN Charter,and then confirmed the principle of non-intervention between States in the Friendly Relations Declaration of 1970 by the resolutions of the General Assembly.This chapter also recalls the unanimity and divergence among Member States when the legal documents above were being drafted and summarizes the identification methods of intervention behavior therein.Chapter Ⅳ discusses three aspects over the application of and challenges to the principle of non-intervention.First,it deals with the object of protection of the principle of non-intervention and the attribution of responsibility for contrary conducts.Second,it sums up the ways in which the United Nations has,at different times,promoted Humanitarian Intervention by breaking up the limitative regulations of Article 2(7)of the UN Charter.Third,it compares Humanitarian Intervention with the Responsibility to Protect,explores the reasons for the latter’s victory in the competition of ideas,and discusses its legal status in international law.Chapter Ⅴ examines China’s position on the principle of non-intervention.By proposing the Five Principles of Peaceful Co-existence,China made a significant contribution to the development of the principle of non-intervention.However,in recent years,for the purpose of playing a more active role in the United Nations and other international or regional organizations,China has begun to show certain openness to the principle of non-intervention on issues such as the Responsibility to Protect,and has put forward the idea of “Constructive Involvement”.