The Right To Peace Of Human Right

"War and Peace" is directly connected with the dignity and well-being of human, and no one doubts. However, relatively few international lawyers investigate the thing. This is a very unique phenomenon because the legal scholars about the philosophy of law (jurisprudence), constitution, human rights have been engaged in research seldom. I incorporate peace into the philosophy of law (jurisprudence), constitution and human rights law; it has major theoretical and practical significance.War is always lingering like a nightmare of mankind. A history of human civilization can be said to be a history of war and peace. The history of mankind has a strange phenomenon: We all want peace, but war never stopped; all wars, regardless of their motivation, declare a war which was based on justice. But human beings have never stopped the pursuit of peace, including countless sages.After World War I, "International Union" in particular the "Paris-antiwar pact" of 1928 makes the war system abolished in law, and war has become illegal. In order to avoid further horrors resulting from the world wars, "the United Nations Charter" not only inhibit the war, but also prohibit the use of force in international relations, it fully and completely negate the country's absolute war right by the internationally traditional law recognized. But the war did not stay away from humans and did not end with the "UN Charter" to develop and the end of the Cold War. The collective security indemnification system established by "UN Charter" and the use of force in international relations are challenging. Therefore, we must convert perspective based on the paradigm of human rights - the right to oppose an unjust war. Because war is the greatest threat to humanity and is also the most serious damage to basic human rights such as a human life, dignity, liberty, property and environment and so on.The right to peace as a representation right of the third-generation human rights has been confirmed by a series of international legal documents, but the right to peace has a huge controversy in many ways. Many mm many scholars believe that the right to peace is beyond reproach if it has been made a human goal or the international community's policy and strategy. But its definition, content and the corresponding obligations have many uncertainties as a legal right. The author attempt to a comprehensive response to this issue.The author suggest that the emergence and development of the right to peace result from two key factors: First, ideas factors, the integration of the concept of peace and human rights is the ideological foundation for the emergence and development; Second, the practice of international political factors, the international community's long-term anti-war efforts are the practical foundation of the right to peace developed and produced.Subsequently, the author proposed the concept of the right to peace, that peace is a right to get accepted by the community, people need to survive legitimacy in a state of the non-war. In short, the right to peace is rights people who enjoyed. And the subject of peace rights can only be the individuals and human communities, its obligations can only be a national rather than other. On this basis, the author further pointed out that the right to peace was essentially a right of resistance, which had both the property of negative rights and positive rights,it is a kind of rights which has a joint nature of society. However, the right to peace does not mean that absolute pacifism, some just wars such as military action authorized by the UN Security Council, as well as anti-aggression, anti-separatist war and the war on terrorism for the purpose of self-defense were restricted.The legitimacy demonstration of the right to peace is the key to the license of the right to peace. I adopted the theory of the human dignity - war is the most serious violation to human dignity, the human dignity is the basis for interpretation about the right to peace; I proved through a social contract theory: that peace is a fundamental goal of social contracts, the rulers launching an unjust war is a violation of the atrocities of the social contract, the right to peace is a person who should have reserved the right under the social contract ,it is a kind of natural right which is inalienable, non– transfer and no-abandoned. The right envisaged by Rawls's "original position " to peace is also "overlapping consensus" under the people and rational choice; through Habermas's discourse theory to prove: the right to peace formed a real and effective consensus which is the "ideal speech situation ", according to negotiate the principles and each participant who uses a universal perspective.However, the right to peace which eventually has became a basic human right, has only justification inadequate, but also requires the need to practice. Therefore, I make the study focus on the empirical research of right to peace, including the right to peace standardized, Japan's pacifist constitution, as well as the right to peace of justice.If the right to peace is only in theory, ideas, or the text inside, then it is bound to a mere formality. Therefore, the right to peace must be strengthened on the base of the international and domestic protection. The current international human rights protection mechanisms is far from perfect, its international protection should be stepped up as a new human right to peace. Its international protection ultimately depend on human rights protection mechanisms within the framework of the United Nations, since it has a major impact on international peace and security, but at present community is in the absence of specific mechanisms of international protection.I suggested that the domestic protection of the right to peace has two main ways: legislation protection - the right to peace in the Constitution; judicial protection - the establishment of the Constitutional Court of models unconstitutional censorship.The peace being a aspirations of a human right is new in concept and practice, and The peace's opinions are different from religious beliefs or moral right to pursue a permanent peace. Although it faces enormous challenges, the right to peace is gradually gaining the recognition of the international community and its implementation mechanism has been established, this trend will be irreversible.