International Law Problems Of The Responsibility To Protect

"Responsibility to Protect"(Hereinafter"RtP"), as a novel concept and doctrine, had emerged at the very beginning of 21st century, whose purpose is to develop a new solution to reconcile the potential conflicts between state sovereignty and international intervention. The RtP doctrine relates to some significant issues such as the principles of International law, humanitarian intervention and UN collective security system, and as a result it draws much attention from international community as well as becomes a front topic of International law.This thesis consists of three chapters besides introduction and conclusion.In the part of introduction, the author briefly introduces the background, purpose, significance, and the research methods of this thesis.In Chapter One, the author does some researches and sorts out the birth and evolution of RtP, including the background, causes and ideological basis. Firstly, the author points out that the theoretical and realistic predicaments of humanitarian intervention are the critical background of RtP. In the second section of this Chapter, the author holds that development of international protection of human rights is the ultimate cause of RtP, and also the concepts of human security and sovereignty as responsibility provides ideological bases for RtP. In the third part, the author introduces and discusses the expression and evolution of RtP in main International instruments.Chapter Three is the key part of this thesis. By studying the recent developments of RtP in UN General Assembly and the Security Council after 2005 World Summit, the author deduces the influences of RtP to the principle of state sovereignty, the principle of non-intervention, and humanitarian intervention. Besides, the author analyzes the status of R2P in international law and concludes it is not yet a legal binding norm.In the part of Conclusion, the author summarizes the main viewpoints of the thesis. The author holds that the core components of RtP are already deeply rooted in the existing International law and its normative contents on international intervention exerts some impact on international law instead of substantive changes. Currently, RtP is neither a clear legal concept or legal principle, nor a legal international norm.