Research On The Right To Self-defense In Cross-border Armed Forces Against Terrorism

Self-defense is the inherent right of the state and has been exercised by the state since ancient times as an important right relate to its survival or extinction.However,in the classical international law,the right of self-defense has never been clearly described.It was not until the The Caroline Affair in1837 that established the position of self-defence in traditional international law.In recent years,some countries have exercised the right of self-defense to fight against terrorism across borders,provoking considerable controversy in the world.We have not only seen the prominent role played by the exercise of the right of self-defense in the fight against terrorism,but we have also seen the conflicts and contradictions arising from the non-standardization of the right to exercise self-defense.Therefore,it is necessary to define the self-defense right in anti-terrorism in cross-border force and form a legal regulation for it so that this right can be better applied in anti-terrorism.Based on the relevant legal documents such as the UN Charter,UN Security Council resolutions and the judgments of International Court,this essay analyzes the practical cases of using cross-border force against terrorism since the Sept.11 terrorist attacks.The main text is divided into three parts.The first chapter gives an overview of "terrorism”,"cross-border force against terrorism"and "the right of self-defense" respectively.The second chapter analyzes the necessity of exercising the right of self-defense against terrorism,analyzes the international law on which it is based,and expounds the relationship with the principle of state sovereignty.The third chapter puts forward the idea of international legal system of anti-terrorism of cross-border force,aiming toestablish a set of feasible system of restraint system for anti-terrorism of cross-border force for exercising self-defense right in the future.