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Fundamentals On International Law Strategy And Its China's Position

Posted on:2018-10-08Degree:DoctorType:Dissertation
Country:ChinaCandidate:C GaoFull Text:PDF
GTID:1316330515969588Subject:International Law
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This thesis reaises the question wheather international law needs a strategy guide,weather the guide can be effectively operate in international arena,if yes,how can we achieve the objective of making it work smoothly.This thesis holds that the above question is a question that have been neglected by international law experts and been mistakenly interpreted by international relations experts.Through a long history,we can frequently see internatiolnal relations experts interpreted international law from their own position,seldom see international law experts interpret it thourgh their own way of deduction and research manner.This thesis starts from the analysis of dynamics and uncertainty of international law,recalls the changes of international law under the influence of international relations,analyzes the development and changes of international law before the World War ? and after.Then,the thesis analyzes the conditions of international law under different international strategies.The analysis covers conceptual theory,department theory and micro theory,so that to confirm its characteristics of uncertainty.Then the thesis introduces the latest development of international law,describes the rush of international legal documents,and the effect of globalization and balance of power,and introduces the development of international law about public interests.Although the thesis agrees with the fact that international relations is still under the rule of power politics,the power is also an object of international law regulation.No international entities can avoid such a situation.On the basis of the above analysis,the thesis starts from analysis of rights and obligations,and the importance of power in traditional international relations,then analyzes the trend of development from power-orientation to rights-orientation.The thesis holds that since the end of cold war,the whole world is heading for a direction that make rights the utmost issue of international affairs.This is not only the objective of the international entities but also realities of present internatiolnal relationas.The thesis confirms the factual character of rights on international law,and the factor of international law development.This thesis holds that,as basic factor of international relations,rights is being and will be pursued by international subjects,that all international relations issues will be reflected on the pusuit of rights.In the third chapter,the thesis analyzes the strategic space of the functions of international law,states the role of international gaming in the process of realizing state interests and fairness.Then,the thesis finalizes the importance of maximizing of rights,restates the maximizing relates to the establishment and expansion of rights.In order to avoid abuse and making any mistake of internal law strategy,the thesis defines and analyzes the boundary of international law strategy,set international moral as important boundary of interactions between international law and strategic factors.If the boundary is broken,it will be meaningless to analyze it.This thesis also emphasizes the importance of interact between international law strategy and international moral.Althought international law,as bottom line,draws boundary of international law strategy,international law strategy also affects the operation international moral.It sometimes create new logic of internatiolnal logic.After that,this thesis analyzes international law from the perspective of international strategy theories.The analysis starts from Utopian,realistic and neo-liberal institutionalism,discusses different understanding and methods of strategic theories to international law,defines the positions and reasons of the change of international law from the perspective of strategy.The thesis holds that many of international relations theories have strategic factor inside them,as international law researcher,we should try our best to find these factors and put them into the real operation of international law.This thesis finalizes that no matter from the position of international relations or international law,international law taking rights and obligations as basic scope has enough living space and strategic margin.Finally,the thesis discusses the position of China's international law,taking strategic issues on China's theories of international law as example,elaborates the China's shift from obligations subject to rights subject,considers China should break the imbalance between rights and obligations,if China want to set maximizing its rights as chief international law target.Then the thesis analyzes China's value on international law and its unstable conditions,believes China has no clear definition between interests and fairness,and causes difficulties.The thesis believes strategic balance between interests and fairness is the main target of China's present international law strategy,give suggestion to China's present international law strategy choice as taking pursuit of justice as basis and interests as uses.At the end of this thesis,the wirter raise the issue of highseas protection as example,so that to prove the importance of international law strategy.The thesis holds that China shall cope with highseas protection issue through the way of international law strategy perspective,so that to avoid any imbalance of rights and responsibilities.
Keywords/Search Tags:International Relations, International Law, Strategy and Rights and Obligations
PDF Full Text Request
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