克里米亚公决事件的民族自决权分析
发布时间：2018-07-17 08:28
【摘要】：民族自决权是国际法上公认的基本原则之一,关于民族自决权实现方式的具体规定,目前在国际法上并不明确。第二次世界大战后,作为非暴力实现民族自决权的一种方式,全民公决制度使得许多殖民地国家获得了独立,但是也同时挑战了现有主权国家的完整与统一。2014年,乌克兰主权范围内的克里米亚地区举行了该地区范围内的全民公决,随后脱离乌克兰,转为俄罗斯管辖。该事件引起了全球范围内各界的讨论,在国际法层面上,很大程度是对其合法性的判断和对民族自决权理论的探讨。在克里米亚全民公决事件中发挥作用的全民公决制度,作为民族自决权的重要实现方式,其合理有效地实施,对于解决地区矛盾、民族矛盾、甚至国际争端或有其重要意义,但是由于其法律依据的缺失,国际社会上对这一制度也是多有争议。基于民族自决原则的全民公决是否合法,关系到举行全民公决制度的民族能否独立出去成为国际法主体和国家承认的问题,更关系到到多民族国家面对类似问题时应当如何处理。因此,我们需要对民族自决权的内涵和全民公决制度的实施达成更清晰的共识。本文将立足于对克里米亚公决事件的起因和背景进行剖析,对该事件的合法性与否进行讨论,在此基础上对民族自决权做理论上的分析,以期能够厘清民族自决权与国家主权之间的矛盾与联系,以及民族自决权原则究竟应当如何实现才能达到更好地实践效果,最终希望能够对在当今时代,民族自决权理论应当如何发展,才能更好地适应时代需要发表一些看法。在本文写作过程中,笔者对国际法上有关于民族自决权的条约进行搜索和研究,例如对《联合国宪章》、《给予殖民地国家和人民独立宣言》、《联合国土著人民权利宣言》等国际法文件中涉及民族自决权的条文进行查找和理解,由民族自决权概念最初的倡导者列宁的选集开始,对后来国内外学者有关民族自决权理论的专著做了初步查阅,其中,有关主权和人权的对立统一关系理论被运用于本文中对国家主权和民族自决权的关系的探讨,另外对于后殖民时代,民族自决的适用对国家主权原则和领土完整构成威胁,民族分离主义运动兴起,进而发展出外部自决权和内部自决权的概念,本文认为民族自决权应当更多地向内部自决权方向发展。
[Abstract]:The right of national self-determination is one of the basic principles recognized in international law. The specific provisions on the realization of the right to self-determination of ethnic minorities are not clear in international law. After the Second World War, as a way of Non Violence to realize the right to self-determination, the system of referendum made a number of colonial countries independent, but they were also selected at the same time. In the.2014 years of the integrity and unity of the existing sovereign states, the Crimea region within the sovereignty of Ukraine held a referendum in the region within the region, followed by the transition from Ukraine to Russia's jurisdiction. The event led to a global discussion on the international law level, to a large extent the judgment and the right to its legitimacy. The discussion of the theory of the right of national self-determination. The system of referendum, which plays a role in the referendum of Crimea, is an important way of realizing the right of national self-determination. It is implemented reasonably and effectively to solve regional contradictions, ethnic contradictions, and even international disputes. But because of the lack of legal basis, the international community is in the international community. It is also controversial about this system. Whether the national referendum is legal based on the principle of national self-determination, whether it is related to whether the nation holding the referendum system can go out independently and become the subject of international law and the state recognise, how to deal with the similar problems to the multi-ethnic country. Therefore, we need the right to self-determination of the nation. This article will be based on the analysis of the origin and background of the Crimea referendum, and discuss the legitimacy of the event. On the basis of this, the theoretical analysis of the right of national self-determination is made in order to clarify the spear between the right of national self-determination and the sovereignty of the state. How can the shield and connection and the principle of the right of national self-determination be realized to achieve a better practical effect, and finally hope to make some views on how the theory of the right of self-determination should be developed in the present era in order to better adapt to the needs of the times. In this article, the author has a right to national self-determination in international law. The treaty was searched and studied, such as the search and understanding of the provisions concerning the right to self-determination in international law documents, such as the Charter of the United Nations, the declaration for the independence of colonial countries and people, the declaration of the United Nations on the rights of indigenous peoples and other international law documents, starting from the selection of Lenin, the original advocate of the concept of the right to self-determination of the nation, and the later scholars at home and abroad. The monograph about the theory of the right to self-determination of the nation has been preliminarily consulted. Among them, the theory of the unity of opposites of sovereignty and human rights is applied to the discussion of the relationship between state sovereignty and the right of national self-determination. In the post colonial era, the application of national self-determination poses a threat to the principle of state sovereignty and territorial integrity, and national separatism. The rise of sport has led to the development of the concept of external self-determination and internal self-determination. This article argues that the right of national self-determination should be more directed towards the right of internal self-determination.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D063
本文编号：2129802
[Abstract]:The right of national self-determination is one of the basic principles recognized in international law. The specific provisions on the realization of the right to self-determination of ethnic minorities are not clear in international law. After the Second World War, as a way of Non Violence to realize the right to self-determination, the system of referendum made a number of colonial countries independent, but they were also selected at the same time. In the.2014 years of the integrity and unity of the existing sovereign states, the Crimea region within the sovereignty of Ukraine held a referendum in the region within the region, followed by the transition from Ukraine to Russia's jurisdiction. The event led to a global discussion on the international law level, to a large extent the judgment and the right to its legitimacy. The discussion of the theory of the right of national self-determination. The system of referendum, which plays a role in the referendum of Crimea, is an important way of realizing the right of national self-determination. It is implemented reasonably and effectively to solve regional contradictions, ethnic contradictions, and even international disputes. But because of the lack of legal basis, the international community is in the international community. It is also controversial about this system. Whether the national referendum is legal based on the principle of national self-determination, whether it is related to whether the nation holding the referendum system can go out independently and become the subject of international law and the state recognise, how to deal with the similar problems to the multi-ethnic country. Therefore, we need the right to self-determination of the nation. This article will be based on the analysis of the origin and background of the Crimea referendum, and discuss the legitimacy of the event. On the basis of this, the theoretical analysis of the right of national self-determination is made in order to clarify the spear between the right of national self-determination and the sovereignty of the state. How can the shield and connection and the principle of the right of national self-determination be realized to achieve a better practical effect, and finally hope to make some views on how the theory of the right of self-determination should be developed in the present era in order to better adapt to the needs of the times. In this article, the author has a right to national self-determination in international law. The treaty was searched and studied, such as the search and understanding of the provisions concerning the right to self-determination in international law documents, such as the Charter of the United Nations, the declaration for the independence of colonial countries and people, the declaration of the United Nations on the rights of indigenous peoples and other international law documents, starting from the selection of Lenin, the original advocate of the concept of the right to self-determination of the nation, and the later scholars at home and abroad. The monograph about the theory of the right to self-determination of the nation has been preliminarily consulted. Among them, the theory of the unity of opposites of sovereignty and human rights is applied to the discussion of the relationship between state sovereignty and the right of national self-determination. In the post colonial era, the application of national self-determination poses a threat to the principle of state sovereignty and territorial integrity, and national separatism. The rise of sport has led to the development of the concept of external self-determination and internal self-determination. This article argues that the right of national self-determination should be more directed towards the right of internal self-determination.
【学位授予单位】：上海师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D063
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1 佟永欣;克里米亚公决事件的民族自决权分析[D];上海师范大学;2017年
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