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Research On The International Responsibility To Protect

Posted on:2016-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z N GaoFull Text:PDF
GTID:2296330464455914Subject:International Law
Abstract/Summary:PDF Full Text Request
Traditionally, the human rights protection mainly by means of humanitarian intervention to implement, however, the limitation of humanitarian intervention in the theory and practice has brought various impact of different degrees on the principles of international law and the international protection order. In order to better protect the international human rights, and modify the deficiencies of traditional theory of human rights protection, so made innovative theory of responsibility to protect human rights. The theory of responsibility to protect has slowed down the arbitrary interference of traditional theory, and strengthened the concrete action programme. The theory of responsibility to protect as a new theory of human rights protection, dominated by the western countries, integrated the concept of human rights protection and values of western countries, of course it also has its limitations, from the view of the practice of the theory of responsibility to protect, there are some problems in the practice of the theory of responsibility to protect, and these problems are crucial for the protection of human rights, therefore it is necessary from the perspective of international human rights protection, with theory and practice to deep research and investigate the problems in the practice of the theory of responsibility to protect, in order to complete the theory of responsibility to protect, promote the continuous progress and development.This paper mainly from the background, research status and research methods to describe the main research background and the main research contents of responsibility to protect. Then, from the perspective of the humanity of sovereignty and new security concept to elaborate the ideological origin of responsibility to protect, through six relevant international documents to describe the responsibility to protect, explain the process of development of responsibility to protect, interpret the contents and principles of responsibility to protect. Later, from the point of the UN Charter, international treaties, the Universal Declaration of human rights and sovereign responsibility to describe the detailed legal basis of responsibility to protect. On this basis, this paper combined with practice cases to analyse, pointed out that the practice of responsibility to protect facing the main problems are increased the main body of responsibility to protect, expanded the scope of responsibility to protect, inadequate the running programme of responsibility to protect, and gave the key explanation and demonstration to these problems. Finally, through the analysis of theory and practice, this paper argued that should from three angles of main body, scope, programme to improve the theory of responsibility to protect, namely cleard the implement body of responsibility to protect, limited the scope of responsibility to protect, regulated the running programme of responsibility to protect. In a word, the theory of responsibility to protect has given a innovation programme mode to human rights protection, satisfied the needs of the internationalization of human rights protection, provided a new impetus for research and develop the international human rights protection, and also benefit to the new order of formation and development of the world human rights protection, and from the perspective of main body, scope, and programme to develop the theory of responsibility to protect, will benefit to protect and fulfill human rights, and have a profound practical significance for establishing a standardized human rights protection system.
Keywords/Search Tags:responsibility to protect, human right protection, collective security system
PDF Full Text Request
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