An Analysis Of The Question Of Taiwan "National Self-Determination" At International Law Position

The right of national self-determination refers to the independent right of the colony or the nations that are being invaded and captured by foreign military,and the right of every nation to decide whose folitical status,social,folitical and legal insituations system freely,to deal with whose natural wealth and resource freely.The right of self-determination theory takes the Marxism processing national question as a basic principle originally, its reality needs the controlled condition. Afterward, the right of self-determination became an important basic principle in international law, it has played the proper role in certain historical period. But nowadays,it needs many requres and limits to solve national question,human rights and stable international orderly by using its."Independence of Taiuan" impetus overtops one wave in recent years in Taiwan society."Independence of Taiwan"separatists forces always advocates that the so-called referendum decides Taiwan's future. They seek international law legal principle to support Taiwan to open up international space with the "national self-determination" way,and return to the international community. A few countries also conspire to make the question of Taiwan internationalization. The question of Taiwan is related to China's sovereignty, territorial integrity, and the unification and stability. Therefore, the thesis has started with the scientific connotation of national self-determination, guided by fundamental theory of international law, and has analysed the Taiwan"national self-determination"problem in depth. The thesis also has expounded and proven its illegal nature by applying to "the right of nations of self-determination" principle. It has submitted the law suggestion of the settlement of the Taiwan question ,and has had cetain theory guiding significance to the Taiwan question.The thesis consists of four parts:â… ,setting forth "national self-determination "problem in international law. First, starting with the inherent value that right creates ,it makes clear the connotation and extension of the right. From the national self-determination creation developing process and history significance in practice,the thesis sums up its scientific connotation and its allocation in international law,adopting history and logical method . The content of "the right of self-determination "contains two aspects: first,to the nations which are seized or invaded by the foreign military, the right of self-detemanation is to get rid of the colonial rule, establish or restore the independent sovereign state; Second, without being interfered by the outside,every nation has the right to decide its political status, to choose the social, political and the legal regime, which suit its own development ;to pursue the economical, social and the cultural development ,and to handle its natural wealth and the resources freely. National self-determination in international law is a historical category. With the changing of social historical condition and the subject of times, the basic connotation of self-determination also keeps transforming. It is an item base of international law. It is also molten to new features of the times unceasingly. By listing the applications and their effects of the right of national self-determination in the world, analying and comparing the historical setting and social effect that is used, the thesis sums up regularity among them. It adopts history and parallel method.â…¡:The thesis expounds and proves that Taiwan doesn't satisfy national self-determination's requirements. National self-determination principle is really not the principle which can't not be restricted. Exercising this right repuires to satisfy certain main body qualification and social historical condition. From the fact which was proved by comparing the regularity that right is applied with the history and current of Taiwan, this part analyses the requirement which doesn't accord with exercising national self-detemination. It introduces an origin of the Taiwan issue at the same time, and shows the certainty of the questions coming into being and solving. By the introduction of the process which the Taiwan authorities and a few political parties put "Independence of Taiwan" into practice taking national self-determination as a heavy curtain, it analyses the vavious results that this remarks possibly leads to . It adpots history and parallel method.â…¢:The thesis reveals out the illegal nature of Taiwan "national self-determination" problem. Taiwan "national self-determination"essense of the problem is that the Taiwan authorities and a few political parties make use of exercising "the right of national self-determination "to decide the political statues of Taiwan by "public throws". In fact it is the behavior of spiliting the country , destroying national unification and the territorial integrity. It is the challenge to the state sovereignty, not only having gone against the principle of inviolable and indivisible sovereign right , but also have gone against the international commcn practice of charter of the United Nations .It is one kind of international illegal act.â…£: The thesis thinks again the national self-dedermination principle deeply. It carries out the stretching extentative plan of historic mission on national self-determination principle in the days to come ,and form the conclusion view point ultimately. The questin of Taiwan belongs to the internal affair of China problem. The question of Taiwan should be solved by the domestic law, not applying to the right of national self-determination principle in international law .That's to say, we wish that international community in the nowadays rans after safety development and human rights. It benefis for solving the two world questions : peace and development.The thesis not only wields legal principle and historical facts sufficiently, but also combining situation both at home and abroad rapidly and intensely. It carries out the attempt which applies international law principle to expound and prove homeland problem from the view of international law. The author makes every effort to probe the settlement approach of the Taiwan question legally by this theory investigation and legal discrimination.