保护责任之国际法问题探析
发布时间：2018-08-02 13:00
【摘要】：保护责任是二十一世纪初才出现的新鲜概念和理论,目的为解决国家主权与国际干预之间的潜在冲突提供一个的新出路。它涉及国际法原则、人道主义干涉、联合国集体安全体制等重大问题而且在短时间内就引起了国际社会的重视,也成为国际法学亟需研究的前沿课题。 本文由引言、正文三章及结论组成。 引言部分简要介绍了选题的目的和意义、研究方法。 第一章全面的分析和梳理了保护责任产生的背景、原因、思想基础以及演变的过程。本章首先分析了人道主义干涉所遭遇的理论与现实困境,并指出这是保护责任产生的关键背景。接着第二部分研究了保护责任的产生根源是人权的国际保护日益发展,人类安全观和“作为责任的主权”思想构成保护责任的思想基础。最后一节分别介绍和探讨了保护责任在主要国际文件中的表述和演变。 第二章主要是对保护责任理论的主要内容进行法律分析。第一节着重探析保护责任所主张的内容在现有国际法规范中的法律依据和基础,通过比较分析指出保护责任所应适用的范围。第二节详细地分析了《保护的责任》报告所提出预防的责任、反应的责任、重建的责任核心内容,重点研究了在极端情况下军事干预的六条标准。 第三章是本文的重点,结合世界首脑会议之后保护责任在联合国大会、安理会新近发展,研究和分析了目前保护责任对国际主权原则、不干涉内政原则、人道主义干涉的影响,并从法理的角度分析了当前保护责任在国际法上的地位问题。 结论部分作者总结了全文的主要观点。作者认为,保护责任的诸多内容本身根植于已有的国际法之中,它所主张的有关国际干预的规范对国际法产生了一些影响而非实质性的改变。目前,保护责任还不是一个明确的法律概念和法律原则,也没有形成称之为保护责任的国际法规范。
[Abstract]:The responsibility to protect (R2P) is a new concept and theory that emerged in the early 21 century. It aims to provide a new way to solve the potential conflict between national sovereignty and international intervention. It involves the principles of international law, humanitarian intervention, the United Nations collective security system and other important issues, and in a short period of time has attracted the attention of the international community, and has become an international law needs to be the forefront of research topics. This paper consists of introduction, three chapters and conclusions. The introduction briefly introduces the purpose and significance of the topic, research methods. The first chapter comprehensively analyzes and combs the background, reasons, ideological basis and evolution process of R2P. This chapter first analyzes the theoretical and practical difficulties encountered by humanitarian intervention, and points out that this is the key background of R2P. Then the second part studies the origin of the responsibility to protect is the development of the international protection of human rights, the concept of human security and the idea of "sovereignty as responsibility" constitute the ideological basis of the responsibility to protect. The last section introduces and discusses the expression and evolution of R2P in the main international documents. The second chapter mainly analyzes the main content of R2P theory. The first section focuses on the legal basis and foundation of the content advocated by the responsibility to protect in the existing norms of international law, and points out the scope of application of the responsibility to protect through comparative analysis. The second section analyzes in detail the responsibility of prevention, the responsibility to react, and the core content of the responsibility for reconstruction, and focuses on the six criteria for military intervention in extreme cases. The third chapter is the focus of this paper, combined with the recent development of the responsibility to protect in the United Nations General Assembly and the Security Council after the World Summit, the impact of the current responsibility to protect on the principles of international sovereignty, non-interference in internal affairs and humanitarian intervention is studied and analyzed. It also analyzes the status of R2P in international law from the angle of legal theory. In conclusion, the author summarizes the main points of the paper. The author holds that many elements of the responsibility to protect are rooted in existing international law and that the norms of international intervention which it advocates have had some influence on international law rather than substantial changes. At present, R2P is not a clear legal concept and principle, nor has it formed a norm of international law called R2P.
【学位授予单位】：外交学院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D990
本文编号：2159515
[Abstract]:The responsibility to protect (R2P) is a new concept and theory that emerged in the early 21 century. It aims to provide a new way to solve the potential conflict between national sovereignty and international intervention. It involves the principles of international law, humanitarian intervention, the United Nations collective security system and other important issues, and in a short period of time has attracted the attention of the international community, and has become an international law needs to be the forefront of research topics. This paper consists of introduction, three chapters and conclusions. The introduction briefly introduces the purpose and significance of the topic, research methods. The first chapter comprehensively analyzes and combs the background, reasons, ideological basis and evolution process of R2P. This chapter first analyzes the theoretical and practical difficulties encountered by humanitarian intervention, and points out that this is the key background of R2P. Then the second part studies the origin of the responsibility to protect is the development of the international protection of human rights, the concept of human security and the idea of "sovereignty as responsibility" constitute the ideological basis of the responsibility to protect. The last section introduces and discusses the expression and evolution of R2P in the main international documents. The second chapter mainly analyzes the main content of R2P theory. The first section focuses on the legal basis and foundation of the content advocated by the responsibility to protect in the existing norms of international law, and points out the scope of application of the responsibility to protect through comparative analysis. The second section analyzes in detail the responsibility of prevention, the responsibility to react, and the core content of the responsibility for reconstruction, and focuses on the six criteria for military intervention in extreme cases. The third chapter is the focus of this paper, combined with the recent development of the responsibility to protect in the United Nations General Assembly and the Security Council after the World Summit, the impact of the current responsibility to protect on the principles of international sovereignty, non-interference in internal affairs and humanitarian intervention is studied and analyzed. It also analyzes the status of R2P in international law from the angle of legal theory. In conclusion, the author summarizes the main points of the paper. The author holds that many elements of the responsibility to protect are rooted in existing international law and that the norms of international intervention which it advocates have had some influence on international law rather than substantial changes. At present, R2P is not a clear legal concept and principle, nor has it formed a norm of international law called R2P.
【学位授予单位】：外交学院
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D990
【参考文献】
相关期刊论文 前1条
1 杨泽伟;人道主义干涉在国际法中的地位[J];法学研究;2000年04期
相关硕士学位论文 前1条
1 张中新;冷战后国际人道主义干预问题探析[D];武汉大学;2005年
，本文编号：2159515
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2159515.html
