安理会与武力使用
发布时间:2018-08-03 14:45
【摘要】:在联合国宪章的框架下,安理会在理论上拥有一系列的权力与职责。其中最显著的一项责任就是维护世界和平与安全。与联合国大会所不同的是,安理会有权做出决定,约束联合国所有的成员国。安理会主要考虑的是武装冲突以及其他威胁国际和平与安全的情形与争端。它有权作出强制性的制裁行动,呼吁停火并且以联合国的名义进行军事行动。 本文试图从国际法的视角展现一个真实的安理会,对安理会在传统的国与国之间的冲突或战争中的武力使用情况,以及非传统情形下的武力使用进行分析,主要包括:安理会授权使用武力的情况;安理会如何协调区域组织的武力使用问题;维和行动中安理会突破了传统维和的限制而使用武力的问题以及安理会的非传统武力使用等方面。从中我们可以发现,虽然安理会在武装冲突或是战争中扮演着重要的角色,拥有独特的地位,有权采取武力的措施维持国际和平与安全,但是实际上安理会并不能解决所有的武装冲突问题,有时甚至走向反面,有损其维护世界和平与安全的形象;并且随着安理会武力使用的实践,安理会的作用与责任也产生了一些变化,这些功能上的变化,有的为更好地维护世界和平与安全发挥了创造性的作用;有的变化则突破了国际法的限制,破坏了国际实践中确立的基本原则,甚至在某种程度上是国际秩序的一种倒退。 在使用武力维护世界和平与安全的问题上,与其他国际组织以及国家相比,安理会发挥着不可替代的作用。在安理会框架下授权成员国家使用武力、开展维和行动、协调与区域组织使用武力的关系等,是现代国际社会追求世界和平与发展的有效途径,否则单边武力行动必然会泛滥起来,国际社会的和平与安全难以维护。因此,探讨安理会与武力使用的关系,在现代国际社会中有着非常重要的现实意义。
[Abstract]:In the framework of the UN Charter, the Security Council has a series of powers and responsibilities in theory. One of the most obvious responsibilities is to maintain world peace and security. Unlike the United Nations General Assembly, the Security Council has the power to make decisions that bind all members of the United Nations. The Council is primarily concerned with armed conflicts and other situations and disputes that threaten international peace and security. It has the authority to impose sanctions, call for a ceasefire and conduct military operations on behalf of the United Nations. This paper attempts to present a real Security Council from the perspective of international law, analyzing the use of force by the Security Council in traditional conflicts or wars between States, as well as in non-traditional situations. Mainly include: the use of force authorized by the Security Council; how the Council coordinates the use of force in regional organizations; In peacekeeping operations, the Security Council has broken through the restrictions of traditional peacekeeping and used force, as well as the use of non-traditional force by the Security Council. We can see from this that, although the Council plays an important role in armed conflict or war, it has a unique position to take measures of force to maintain international peace and security. But in practice, the Security Council cannot solve all the problems of armed conflicts, sometimes even vice versa, undermining its image of maintaining world peace and security; and with the Council's practice of the use of force, There have also been some changes in the role and responsibilities of the Security Council, some of which have played a creative role in the better maintenance of world peace and security, and some have broken through the limits of international law. It undermines the basic principles established in international practice, and to some extent is a retrogression of the international order. Compared with other international organizations and countries, the Security Council plays an irreplaceable role in the use of force to maintain world peace and security. Authorizing member States to use force, conducting peacekeeping operations, and coordinating relations with regional organizations in the use of force under the framework of the Security Council are effective ways for the modern international community to pursue world peace and development. Otherwise, unilateral force action will inevitably overflow and the peace and security of the international community will be difficult to maintain. Therefore, exploring the relationship between the Security Council and the use of force is of great practical significance in the modern international community.
【学位授予单位】:苏州大学
【学位级别】:硕士
【学位授予年份】:2011
【分类号】:D99
本文编号:2162078
[Abstract]:In the framework of the UN Charter, the Security Council has a series of powers and responsibilities in theory. One of the most obvious responsibilities is to maintain world peace and security. Unlike the United Nations General Assembly, the Security Council has the power to make decisions that bind all members of the United Nations. The Council is primarily concerned with armed conflicts and other situations and disputes that threaten international peace and security. It has the authority to impose sanctions, call for a ceasefire and conduct military operations on behalf of the United Nations. This paper attempts to present a real Security Council from the perspective of international law, analyzing the use of force by the Security Council in traditional conflicts or wars between States, as well as in non-traditional situations. Mainly include: the use of force authorized by the Security Council; how the Council coordinates the use of force in regional organizations; In peacekeeping operations, the Security Council has broken through the restrictions of traditional peacekeeping and used force, as well as the use of non-traditional force by the Security Council. We can see from this that, although the Council plays an important role in armed conflict or war, it has a unique position to take measures of force to maintain international peace and security. But in practice, the Security Council cannot solve all the problems of armed conflicts, sometimes even vice versa, undermining its image of maintaining world peace and security; and with the Council's practice of the use of force, There have also been some changes in the role and responsibilities of the Security Council, some of which have played a creative role in the better maintenance of world peace and security, and some have broken through the limits of international law. It undermines the basic principles established in international practice, and to some extent is a retrogression of the international order. Compared with other international organizations and countries, the Security Council plays an irreplaceable role in the use of force to maintain world peace and security. Authorizing member States to use force, conducting peacekeeping operations, and coordinating relations with regional organizations in the use of force under the framework of the Security Council are effective ways for the modern international community to pursue world peace and development. Otherwise, unilateral force action will inevitably overflow and the peace and security of the international community will be difficult to maintain. Therefore, exploring the relationship between the Security Council and the use of force is of great practical significance in the modern international community.
【学位授予单位】:苏州大学
【学位级别】:硕士
【学位授予年份】:2011
【分类号】:D99
【引证文献】
相关硕士学位论文 前2条
1 张领杰;《联合国宪章》禁止使用武力原则研究[D];新疆大学;2013年
2 何蓓;从利比亚模式看国际法上的人道主义干涉[D];上海师范大学;2013年
,本文编号:2162078
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