Font Size: a A A

Research On Basic Theoretical Issues Of Law Of Jus Post Bellum

Posted on:2016-06-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:R H LiFull Text:PDF
GTID:1366330482959232Subject:International Law
Abstract/Summary:PDF Full Text Request
With the enhancement of the sense of international community and the cognition of peace and security, the post conflict phase has become an important issue as a special transition period, which leads the reconstruction affairs of post conflict countries to be treated as a new global problem by the international society. As practices show, post conflict reconstruction issues still follow the Victor's Justice Mode. This victor-centered reconstruction mode is not conducive to the restoration of peace and the construction of rule of law in post conflict society. Although being affected by the War and Peace Dichotomy, international subjects did not give enough attention to jus post bellum when they were improving the international legal system, the new generation of the just war theory, which has a core idea of requiring victor's actions after war should in line with requirements of jus post bellum, provides international ethics basis for jus post bellum as the main international norms to regulate the reconstruction and resumption of peace in post conflict countries in post conflict phase. The development of international law and its law departments both in theory and practice provide a large number of accumulation and supports for the construction of law system of jus post bellum, such as legal concepts, legal principles and legal norms.Undoubtedly, the emergence of law of jus post bellum, which aims to achieve the rule of law, duriable peace and basic human rights of post conflict society, is important to make international subjects'reconstruction behaviors more normative. But by the lack of legal norms and mechanisms, adding to the weakness of the concept of rule of law in post conflict society, law system of jus post bellum has limit legally effect and binding force now, which gives international subjects more freedom of action but fewer obligations for breach of their duties. The lack of legal norms makes international subjects' behaviors getting out of control, which also leads to a worse order and inefficiency of reconstruction in post conflict countries. To solve these problems, the structure of law system of jus post bellum should be made more normalize, systematic and institutionalize. Its legal norms should be more universal and have more characteristics of our age; its legal mechanisms should have more characteristics of humanization, cooperation and participation. Finilly, China's Peaceful Development Policy and Harmonious World Idea require itself to take more responsibilities in world peace and development issues. With China's growing influence in international affairs, more actively participating in construction of law system of jus post bellum is of great significance for the role transition and the improvement of soft-power of China in post conflict phase. Therefore, we need to change our traditional conservative attitude to the post conflict reconstruction, and we also need to pay more attention to the construction of law system of jus post bellum.
Keywords/Search Tags:Post conflict reconstruction, Post conflict society, Durable peace, Post conflict accountability, Jus post bellum
PDF Full Text Request
Related items