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Legal Studies On Jus Post Bellum

Posted on:2014-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:J J YuFull Text:PDF
GTID:2246330398965311Subject:International Law
Abstract/Summary:PDF Full Text Request
Law of armed force is traditionally distinguished by jus ad bellum and jus in bello.However, this dualist conception is overwhelmingly shocked after World War Ⅱ. Manyexperts, leaded by professor Carsten Sthahn, treat jus post bellum as a third branch of thelaw. So, the main purpose of this essay is to have a deep and overall view of related issuesabout jus post bellum, while at the same time to complement the system of armed conflictlaw. This essay mainly uses the following research method to argue above issues:(1)comparative analysis: the article discussed about the relationship among jus post bellum,jus ad bellum and jus in bello and the features of jus post bellum by comparing the threeconcepts with each other.(2) historical method: the article concludes the history of jus postbellum which develops from a dualist conception to a tripartite one, from morality to law.(3) documentary analysis: this article concludes the history of jus post bellum, thenecessity of its existence, its basic theory and the practical advice of its framework on theground of the massive collection work and analysis to the present paper and document.Besides, this article mainly discusses about the history of jus post bellum, thenecessity of its existence, the just war theory as its foundation, its principle and itsframework, with the perspective of post-conflict peace building. This essay creativelydiscussed about the United Nations’ role in post-conflict peacekeeping and its influence toJus Post Bellum. By discussing about all the problems, this paper gives us a specific andcreative idea of jus post bellum, which is quite beneficial to its development, and leads theway to the new development of the law of armed force.
Keywords/Search Tags:jus post bellum, just war theory, post-conflict peacebuilding, law ofarmed force
PDF Full Text Request
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