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The Responsibility To Protect In Practice

Posted on:2014-12-28Degree:MasterType:Thesis
Country:ChinaCandidate:P WangFull Text:PDF
GTID:2296330425478652Subject:International law
Abstract/Summary:PDF Full Text Request
The responsibility to protect was controversial since it has been put forward, scholarshave elaborated this new theory from different angles.The reason for that is the emergence ofthe theory of international responsibility to protect bring the challenges for the principle ofsovereignty which is the cornerstone of international law. Most of those people giveaffirmation to this theoretical framework among those comments. Because its existence has itsown rationality, it brings a new possibility to international order,which means this theory canbreak through the principle of sovereignty to some extent. Because it may set up a newsystem of supervision and cooperation between countries, which means that the othercountries may take measures to avoid the threatens when a country cannot handle domesticdisputes and makes the conflict wider therefore threatens human common interests. And theother countries also may take appropriate measures to help the authorities to performance theobligations to their own people when the authorities unable to perform it, that makes anharmonious international environment. All in all,the reason why this theory can obtainapproval as a whole is its purpose of avoiding humanity falls into the large-scale disaster oncemore.However, the theoretical system of the responsibility to protect is not perfect althoughthere is a certain degree of development. The core problem is what conditions in the theorycan be applied to.It concerns that if this theory can realize its value, and if it can break thoughthe traditional peace-keeping activities and then set up a new international cooperation order,and it also concerns if it can stick its own principle under the humanitarian banner withoutbeing thought it interfering in the internal affairs of other countries.How to exercise the responsibility to protect correctly, the key point is how to grasp andexplain “six criteria”: justification, reasonable authorized, right intention, a last resort, abalanced approach and a reasonable chance of success. Across Libya, the allied troops toLibya’s military actions is being criticized by the world, the reason is this military actions isillegal when we analyses it from the six aspects.Therefore, the problem that the responsibilityto protect encounter in the practical level is more than the imagination.This paper is not just aim to find the problem, but to further understand the cause of the problem so as to solve the problem. The author thinks we should start from the perspective ofthe “six criteria”; Refinement and clarity of the relevant provisions, explain the responsibilityto protect correctly, set up supervision mechanism, and ensure the legitimacy of theimplementation of the responsibility to protect.At the same time, as a developing country, it is important for our country to understandand face the responsibility to protect correctly. Protecting its citizen is the basic idea that theChinese government always advocates and supports. Under the premise of identifying thefundamental value of the responsibility to protect, it is necessary to define the applicablescope of the responsibility to protect, then perfect the construction of the preventivemechanism, Insisting the multilateralism mechanism of UN primarily, regional organizationfor auxiliary further giving play the role of the permanent members of the United Nationswell, thus we could set up a good image of the country.
Keywords/Search Tags:The Responsibility to Protect, International Intervention, Sovereignty
PDF Full Text Request
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