On The Principle Of The Prohibition Of The Use Of Force In The International Law | | Posted on:2011-03-31 | Degree:Master | Type:Thesis | | Country:China | Candidate:J C Zhang | Full Text:PDF | | GTID:2166360332956882 | Subject:Law | | Abstract/Summary: | PDF Full Text Request | | The two world wars in last century have brought the devastated homes and nightmare memories to our mankind and also made the mankind experience a cold war for a long period of forty-five years. In nearly half a century, the kind-hearted people have to undergo tremendous psychological pressure of a new round of world war which may break out at any time. With the end of the Cold War, the original thought of our people is that the world has entered a carefree times of peace, but the real disaster has once again told us that the war was still exist. The use of force does not stop. Armed conflict and war is still a great disaster for our humanity."UN Charter" formulated at the beginning regarded the prohibition the use of force as an unconditional recognized principle in the international community. But this principle is continually subject to challenge and impact. This article attempts to clarify the specific situation for current use of this principle and seek the future direction of the development of this principle by discussing the principle of prohibition of the use of force.Full-text is divided into three parts:The first chapter discusses the principle of prohibition of the use of force theory in detail. The first section describes the current definition and views for the use of force. The second part discusses the content of the principle of prohibition of the use of force and its status and role in the application in today's international in detail. The third section divides historical development process of the principle of the prohibition the use of force into four stages: freedom of war, restrictions time of war, abandoned the war, a total ban on war.The second discusses exceptions to the principle of prohibiting the use of force. This is an integral part of this principle and its beneficial supplement. These exceptions include self-defense, United Nations-mandated force behavior and action of force of regional international organizations. The second part describes the emergence and theoretical basis of the current most controversial right of preventive self-defense in order to demonstrate the illegitimacy of US-led advocates of the "preemptive strike" theory.The third chapter puts forward some suggestions on the perfection of the principle of the prohibition of the use of force in international law. The first part discusses the aspects which should be completed in the reform process of in United Nations. The second part puts forward some suggestions for perfecting the use of force in the "preventive self-defense rights" and counter-terrorism activities. | | Keywords/Search Tags: | Prohibition of the Use of Force, The War Powers, Historical Evolution, Self-defense, The Right of Anticipated Self-defense, United Nations Reform | PDF Full Text Request | Related items |
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