论“保护的责任”之构建与实施
发布时间：2018-12-25 08:14
【摘要】：“保护的责任”是二十一世纪初产生的一个新的理论，该理论主要源自于国际社会在面对人道主义灾难时应该做出如何反应的深刻的历史背景，并建立在主权原则的基础上，适应着新型安全观和保障人权的国际化要求。理论自提出以来，引起了国际社会的广泛关注，随着频繁见诸于国际文件和报告中，在理论层面不断丰富和发展自己的内涵，终于于2005年《世界首脑会议成果》确定下了具体的概念，即主权国家有责任保护其人民免受灭绝种族、战争罪、族裔清洗和危害人类罪之害，，当主权国家不能或者不愿意保护其人民免遭四种罪之害时，国际社会有责任保护之。但是，在其他方面，各个国家还存在分歧。 “保护的责任”的出现给传统的国际法理论带来了一定的冲击，也与较前的人道主义干涉相区别，它一方面承认国家主权固有的内涵，同意主权国家对其对内事务的享有最高的、排他性的管辖权，另一方面又丰富了主权随着新时代发展所内化出的责任观，即主权意味着责任，最终得出“保护的责任”并没有像某些学者所担忧的那样弱化了国家主权，而是在新的时代背景下建立的一个负责任的主权的结论。有学者认为，“保护的责任”仅仅是人道主义干涉的一个新措辞，但是我们发现这是一个错误的观点，该理论已经将军事干预纳入了联合国的整体框架下，这是与人道主义干涉相比最具代表性的区别。 本文通过对现有的“保护的责任”的理论框架进行归纳总结，整理出其脉络，再从实证上分析该理论的运用，针对理论现存的弊端和需要注意的问题提出一些学术上的思考建议，尤其是最为敏感的军事干预如何规范的问题可以说是颇费笔墨，最后从我国的立场出发，分析我国现阶段对“保护的责任”的态度，以及对在“保护的责任”框架进一步发展的过程中我国应该怎样应对的问题进行了说明。 本文第一部分从“保护的责任”的产生背景着手，引出了该理论的形成与发展的整个过程，第二部分从理论构建角度论述了该理论存在的法理基础以及其出现对传统国际法理论带来的冲击，并分析了该理论自己的框架。第三部分以利比亚危机为例，论述了该理论在实践中遇到的困境，并针对困境提出了完善的建议，最后以落脚到我国作为论文的结尾。
[Abstract]:The responsibility to protect (R2P) is a new theory that emerged in the early 21 century. It derives mainly from the profound historical background of how the international community should react in the face of humanitarian disasters and is based on the principle of sovereignty. Adapt to the new security concept and safeguard the international requirements of human rights. Since the theory was put forward, it has aroused the widespread concern of the international community. Along with its frequent appearance in international documents and reports, it has continuously enriched and developed its connotation at the theoretical level. Finally, the 2005 World Summit outcome established a specific concept that sovereign States have the responsibility to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity, When sovereign States are unable or unwilling to protect their populations from the four crimes, the international community has a responsibility to protect them. But in other ways, there are differences among countries. The emergence of the "responsibility to protect" has had a certain impact on the traditional theory of international law and is different from the earlier humanitarian intervention, which, on the one hand, recognizes the inherent connotation of State sovereignty, Agreeing that sovereign States enjoy the highest and exclusive jurisdiction over their internal affairs and, on the other hand, enriching the concept of responsibility inherent in sovereignty as a result of the development of the new era, that is, sovereignty implies responsibility, The ultimate conclusion is that the responsibility to protect does not weaken state sovereignty as some scholars fear, but rather establishes a responsible sovereignty in the new era. Some scholars believe that the "responsibility to protect" is only a new term for humanitarian intervention, but we find that this is a false view, which has incorporated military intervention into the overall framework of the United Nations. This is the most representative distinction compared with humanitarian intervention. This paper summarizes the existing theoretical framework of "responsibility to protect", collates its context, and then empirically analyzes the application of the theory. In view of the existing drawbacks of the theory and the problems needing attention, some academic suggestions are put forward, especially the most sensitive question of how to regulate military intervention, which can be said to be painstaking. Finally, from the standpoint of our country, This paper analyzes our country's attitude towards "responsibility to protect" at present, and explains how to deal with the problems in the process of further development of "responsibility to protect". The first part of this paper begins with the background of "responsibility to protect", and leads to the whole process of the formation and development of the theory. The second part discusses the legal basis of the existence of the theory and its impact on the traditional theory of international law from the perspective of theoretical construction, and analyzes its own framework. The third part takes the Libyan crisis as an example, discusses the difficulties encountered in the practice of the theory, and puts forward some suggestions for the difficulties. Finally, the end of the paper is to settle down to our country.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D998.2
本文编号：2390914
[Abstract]:The responsibility to protect (R2P) is a new theory that emerged in the early 21 century. It derives mainly from the profound historical background of how the international community should react in the face of humanitarian disasters and is based on the principle of sovereignty. Adapt to the new security concept and safeguard the international requirements of human rights. Since the theory was put forward, it has aroused the widespread concern of the international community. Along with its frequent appearance in international documents and reports, it has continuously enriched and developed its connotation at the theoretical level. Finally, the 2005 World Summit outcome established a specific concept that sovereign States have the responsibility to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity, When sovereign States are unable or unwilling to protect their populations from the four crimes, the international community has a responsibility to protect them. But in other ways, there are differences among countries. The emergence of the "responsibility to protect" has had a certain impact on the traditional theory of international law and is different from the earlier humanitarian intervention, which, on the one hand, recognizes the inherent connotation of State sovereignty, Agreeing that sovereign States enjoy the highest and exclusive jurisdiction over their internal affairs and, on the other hand, enriching the concept of responsibility inherent in sovereignty as a result of the development of the new era, that is, sovereignty implies responsibility, The ultimate conclusion is that the responsibility to protect does not weaken state sovereignty as some scholars fear, but rather establishes a responsible sovereignty in the new era. Some scholars believe that the "responsibility to protect" is only a new term for humanitarian intervention, but we find that this is a false view, which has incorporated military intervention into the overall framework of the United Nations. This is the most representative distinction compared with humanitarian intervention. This paper summarizes the existing theoretical framework of "responsibility to protect", collates its context, and then empirically analyzes the application of the theory. In view of the existing drawbacks of the theory and the problems needing attention, some academic suggestions are put forward, especially the most sensitive question of how to regulate military intervention, which can be said to be painstaking. Finally, from the standpoint of our country, This paper analyzes our country's attitude towards "responsibility to protect" at present, and explains how to deal with the problems in the process of further development of "responsibility to protect". The first part of this paper begins with the background of "responsibility to protect", and leads to the whole process of the formation and development of the theory. The second part discusses the legal basis of the existence of the theory and its impact on the traditional theory of international law from the perspective of theoretical construction, and analyzes its own framework. The third part takes the Libyan crisis as an example, discusses the difficulties encountered in the practice of the theory, and puts forward some suggestions for the difficulties. Finally, the end of the paper is to settle down to our country.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D998.2
【参考文献】
相关期刊论文 前7条
1 戴轶;;试论安理会授权使用武力的法律规制[J];法学评论;2008年03期
2 付海娜;姜恒昆;;保护的责任与国家主权的实质——兼论达尔富尔冲突及其出路[J];国际关系学院学报;2012年02期
3 汪舒明;;“保护的责任”与美国对外干预的新变化——以利比亚危机为个案[J];国际展望;2012年06期
4 何兰;;从西亚北非动荡看西方干涉主义新特点[J];思想理论教育导刊;2012年08期
5 赵洲;;“保护的责任”机制中的武力强制措施[J];南通大学学报(社会科学版);2012年03期
6 袁娟娟;;从干涉的权利到保护的责任——对国家主权的重新诠释和定位[J];河北法学;2012年08期
7 杨永红;;从利比亚到叙利亚——保护责任走到尽头了?[J];世界经济与政治论坛;2012年03期
本文编号：2390914
本文链接：https://www.wllwen.com/falvlunwen/guojifa/2390914.html
