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Analyze On Whether The People Of Taiwan Having Peoples’ Self-determination

Posted on:2015-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:F LuFull Text:PDF
GTID:2296330467453974Subject:Law
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The thought of peoples’ self-determination, the concept of peoples’self-determination, the right of peoples’ self-determination, is the first three levelswhich is the answer to whether the people of Taiwan have a clear peoples’self-determination. The right to peoples’ self-determination is defined by internationallaw. The exercise of the right under international law can lead a legal consequence.However, the right to peoples’ self-determination does not exist in the beginning, thisright comes from the concept behind the right to peoples’ self-determination, and theconcept is derived from an abstract thought to produce concrete ideas of peoples’self-determination.After becoming the right of peoples’ self-determination under international law,as part of international law has a relative stable characteristic. But the ideas ofpeoples’ self-determination corresponding to the understanding of the concept ofpeoples’ self-determination in development is changing. Development of the thoughtof peoples’ self-determination, the concept of peoples’ self-determination isexpanding the understanding of reaction in the peoples’ self-determination, so that thetraditional understanding of peoples’ self-determination has being expanded by a newexpansionary exercise of peoples’ self-determination. This also results doubts ofunderstanding the right of peoples’ self-determination in international law.In1970s, peoples’ separatism in Taiwan made the people of Taiwan enjoy a slogan intended to peoples’ self-determination under international law to provide abasic right of international law. Because it is a system of peoples’ self-determinationin international law with peoples’ separatist thinking to product integration, so as forChinese peoples, sovereignty and territorial completion, it caused great harm.Therefore, from the perspective of international law to explore whether the people ofTaiwan have peoples’ self-determination, and thus of "peoples self-determination ofTaiwan enjoy" this peoples separatist ideology be refuted, and ultimately ininternational law to safeguard China’s peoples’ sovereignty and territorial integrityservices.Chapter One: The concept of peoples’ self-determination and its developmentThis chapter is divided into two sections: the first introduces the concept ofpeoples’ self-determination, then it introduces the concept of the development ofpeoples’ self-determination, and finally a clear right of peoples’ self-determination inthe1960s was established. In the raised part of the concept of peoples’self-determination, pointing out first, thinking of self-determination, and graduallydeveloped into a peoples ideology of self-determination; first, emotional, ideologicalfragmentation, and gradually developed into a complete concept into the system. Andfinally the United Nations’ legal documents established the right of peoples’self-determination.Chapter two: New Challenges for peoples’ self-determinationThe chapter is composed of two sections, the first section is be proposed inpost-Cold War, the expansion of international practice, the problem ofself-determination, and clearly this type of expansion is itself a challenge for peoples’self-determination. It is a violation of the UN Charter. It violated peoples’ sovereigntyand territorial integrity of a country. Second, analyze whether the expansion ofpeoples’ self-determination, combined with international law, a country’s domestic law,will finally results that do not meet the law that the expansion of the use of peoplesself-determination is not a right in International law.Chapter three: Taiwanese people are not entitled to peoples’ self-determinationWe will never allow anyone to change the history, the reality and the universally recognized legal status of Taiwan, that is, Taiwan has been an inalienable part ofchina’s territory since ancient times. Although Taiwan ceded by treaty, china reclaimTaiwan’s territorial sovereignty by the post-war international treaty. Then we analyzethe origin of the so-called "peoples self-determination" of the Taiwan issue. In the end,we point out that Taiwan does not have the right of peoples’ self-determination...
Keywords/Search Tags:The theory of peoples’ self-determination, the right ofpeoples’ self-determination, the sovereignty and territorial integrity
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