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On Prohibition Of Use Of Force In International Law

Posted on:2005-04-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z B WangFull Text:PDF
GTID:1116360122981895Subject:International Law
Abstract/Summary:PDF Full Text Request
The UN Charter is the fruit of civilization and progress of humankind, and the principle of prohibition use of threat (article 2(4) of the Un Charter) is the core of the UN Charter and the cornerstone of peace in contemporary law, Which has established the principle of prohibition of the threat or use of force (for short, the principle of prohibition of use of force). However, after the "9.11"terror attack, some countries in the world do not still awake to the painful lesson of the World War Ⅱ,especially some developed countries are embracing "the Jungle Principle", the peace of the world is suffering the serious threat, and this danger roots not only from the terrorism but also from the way of anti-terrorism war. So, the principle of prohibition of use of law has become one item of compulsion law in the contemporary law, but it is continuously challenged by certain exceptional country, which has made this criterion become one of the most disputed and debated topic for discussion in the international law.This thesis consists of six chapters, which will dissertate deeply some questions concerned the principle pf prohibition of use of force.The first chapter will first retrospect the developing history of the prohibition of use of force in the international law, which is the starting point and basis of the thesis and it is made up of three sections: the first section reviews the developing history of the prohibition of force in the international law; the second section mainly introduces the common prohibition of use of force described in the Non-battle Pact; the third section is mainly about the prohibition of use of law in the UN. This is the developing course and historical background that the use of force is prohibited by the human society.The second chapter further dissertates the action condemned by the principle of prohibition of use of force, it is the pivot of the chapter. It consists of three sections: the first section, invading; the second section, the threat of force; the third section, apart from the invading action and the threat of force, all the action that should be condemned which shall be attacked because of the principle the prohibition of use of force….The third chapter dissertates the action which the principle of prohibition of use of force shall protect, it is the prominent part. It consists of three sections: the first section, the tenet to protect the UN; the second section, protecting the nation sovereignty; the third section, protection "the integrity of territory and independence of politics", it is the key point of the thesis.The fourth chapter is the hard core of the thesis, which dissertates the legal use of force described by the international law, it consists of three sections:The first section, the action opposing the original enemy state; the second section, the action adopted or granted by the UN; the third action section, some issues connected with self-defence. This chapter can be called the exception of the principle of prohibition of use of force, and even more it is the most disputed focus in the contemporary international law field.The fifth chapter combine the contemporary international social research on the principle of use of force with the international anti-terrorism, which is the issue that this thesis needs to solve, with the international terrorism deluging and under the gradual arduous international condition to fight against the terrorism, this chapter mainly does some research on the manners and methods to battle against the terrorism as well as some issues relating with anti-terrorism in the international law. This chapter consists of five sections: the first section defining what the international terrorism is; the second section, the effect which the international anti-terrorism using the force executes the self-defence authority on the international law; the fourth section, relying on and request for the general principle of the international law; the fifth section, opposing the hegemonism, the power politics and all kin...
Keywords/Search Tags:international law, the Charter of United Nation, prohibition of use of force, threat of force, war
PDF Full Text Request
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