On Protection Of Sovereignty Of Disaster-stricken Countries In International Disaster Relief

The humanity is a history with repeated fights and conquers with natural disasters. Conquer of natural disasters has always been a part of human's social development. Each time, when a certain country or region is stricken by any major natural disaster, there are always various of relives provided by the international community. Nevertheless, such international disaster relief falls not only within the scope of morality, but also in the reign of international law, which involves the issues concerning international mobility of relief goods, equipments and personnel, quality and accountability of relief goods, and the coordination and cooperation as between the local authorities and other countries and international organizations. This thesis consists of four chapters.Chapter I, International Regime on International Disaster Relief. The Chapter analyzes the various underlying reasons in regard to the conflicts between national sovereignty and disaster relief. Also, the Chapter describe the current international legal system and its flaws. The current international regime has its shortcomings in the aspects of coverage of jurisdiction, subject matters, applicable subjects, and legal effectiveness, which need to be further improved.Chapter II, Protection of Sovereignty of the Disaster-stricken Country. The Chapter analyzes the scope and boundaries of sovereignty by application of international law theories, principles and rules. Further, the Chapter describes the detailed manifestations of sovereignty in international disaster relief, including the procedures concerning the launch of the relief, entry of relief goods, equipments and personnel, and the termination of relief.Chapter III, Criticism on Western Theories in relation to Sovereignty Interference in International Disaster Relief. The Chapter analyzes the western theories, including"humanitarian intervene","responsibility to protect", and"human rights prevailing over sovereignty", by describing their respective natures and characteristics and their flaws. Further the Chapter discuss that the theories impose illegal and unfair restrictions on sovereignty, and the national sovereignty deserves due deference and protection.Chapter IV, Suggestions to Improve International Disaster Relief Rules and China's Standpoints. The Chapter raises suggestions to improve international rules concerning disaster relief, such as the signing of framework treaties, application of rules and guidance of international organizations, and preferential treatments to developing countries. Further, the Chapter discusses the China's standpoints. China actively participates in international disaster relief, under the premise of respecting and protecting national sovereignty.The thesis foresees that with the development of disaster relief practice and improvement of its international rules, sovereignty of the disaster-stricken countries will be better protected.