Study On The Issue Of Legitimacy Of National Extraterritorial Armed Anti-terrorism

Terrorism has been a serious threat to international security.Nonviolent anti-terrorism and armed anti-terrorism within a single country has been unable to curb the global spread of terrorism.Therefore,national extraterritorial armed anti-terrorism should be a necessary choice for international community to curb and fight against terrorism.However,under the current international law system,the legitimacy of national extraterritorial armed anti-terrorism is confronted with a series of challenges in international laws.Taking the issue of legitimacy of national extraterritorial armed anti-terrorism as the research contents,this dissertation divides national extraterritorial armed anti-terrorism into five situations,including that authorized under the United Nations Security Council,that implemented under national self-defense,that invited by other countries,that exercised under national unilateralism,and maritime armed anti-terrorism.Based on a mixture use of literature research method,qualitative analysis method,case study method and systematic research method,this dissertation analyzes and demonstrates the issue of legitimacy of national extraterritorial armed anti-terrorism.This dissertation consists of nine chapters.Chapter one is the introduction of the research,which puts forward the research background and literature review,explains the research contents,methods and significance,as well as introduces the research structure and arrangement of the dissertation.Chapter two mainly studies the necessity and situations of extraterritorial armed anti-terrorism,which analyzes the serious harmfulness of international terrorism,illustrates the practices,the achievements,and the limitations of United Nations agencies fighting against terrorism,criminal anti-terrorism,as well as domestic armed anti-terrorism.This chapter,dividing national extraterritorial armed anti-terrorism into five situations combined with international practices,considers national extraterritorial armed anti-terrorism as a necessary choice to fight against terrorism.Chapter three mainly analyzes the national extraterritorial armed anti-terrorism under the authorization of the United Nations Security Council and its legitimacy.This part illustrates armed anti-terrorism under the authorization of the United Nations Security Council from the aspects of current international laws,specific practices,and existing problems.The legitimacy of extraterritorial armed anti-terrorism is demonstrated through the discussion on whether terrorism leads to the situation affecting international peace and security,as well as whether the terrorist organizations should be the targets of armed attack under the authorization of the United Nations Security Council.Chapter four mainly discusses the national extraterritorial armed anti-terrorism under national self-defense and its legitimacy,which explains the current international laws of state right of self-defense,specific practices and existing problems of the armed anti-terrorism under national self-defense.Combined with the issues that whether the terrorist attack is the military force attack,and whether the terrorist organizations should be the targets of national self-defense,this part analyzes the legitimacy of national extraterritorial armed anti-terrorism under national self-defense.Chapter five is mainly focused on the analyses of national extraterritorial armed anti-terrorism invited by other countries and its legitimacy,which presents the principles and specific requirements of granting the requests based on international laws,as well as specific practices and existing problems of the extraterritorial armed anti-terrorism invited by other countries,and then analyzes its legitimacy.Chapter six mainly analyzes the national extraterritorial armed anti-terrorism under national unilateralism and its challenging and eroding to current international laws.In this part,the dissertation introduces the connotations and arguments of unilateralism as well as the practices of armed anti-terrorism under national unilateralism.The challenges and erosion to international laws of armed anti-terrorism under national unilateralism are analyzed mainly from the aspects of its erosion to the principle of international law of prohibition of the use of force and its violation of the principle of the state sovereignty.Chapter seven mainly illustrates the national maritime armed anti-terrorism and its legitimacy,which specifies the objects of maritime armed anti-terrorism,the necessity and its restrictions according to current international laws.Besides,the legitimacy of maritime armed anti-terrorism in three different sea areas,including the contiguous zone,the exclusive economic zone and the high sea,is analyzed and demonstrated.Chapter eight mainly deals with the construction of the international law system of national extraterritorial armed anti-terrorism,which puts forward suggestions from the perspectives of identifying objects of national extraterritorial armed anti-terrorism,improving related international law systems and mechanisms,following the aptness principle,and strengthening international anti-terrorism cooperation and so on.Chapter nine mainly studies China's required attitudes and positions towards national extraterritorial armed anti-terrorism.This part analyzes the necessity and feasibility of China's extraterritorial armed anti-terrorism,and makes suggestions for China,one of the permanent members of the United Nations Security Council,about its positions towards national extraterritorial armed anti-terrorism.