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Study On Problems Of "Responsibility To Protect"

Posted on:2019-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:M YeFull Text:PDF
GTID:2416330563956447Subject:legal
Abstract/Summary:PDF Full Text Request
The “responsibility to protect” is a new formulation under the framework of international human rights protection.It was offered with background of traditional humanitarian interference that interferes in other countries internal affairs,fosters changes in the opposition's regime,and uses military force.Based on the reflection of the incident.International human rights protection involves various aspects such as the basic principles of international law,Security Council resolutions,cooperation of regional organizations,international human right organizations,weapons use,and the interests and strengths of all parties in the international community.The “responsibility to protect” was still in developing.Inevitably,problems such as the ambiguity of temporary international attributes,inadequacies in the construction of international legal systems,lack of standards of action,unclear subjects,and inadequacies in the retention of humanitarian intervention systems will inevitably arise in the process,which require the international community to constantly improve them.Firstly article introduces and combs the "responsibility to protect" from several perspectives of the background of the "responsibility of protection",the origin of international documents,and the analysis of international typical cases.Secondly,with the responsibilities of “responsibility for protection” as the main line of prevention,response,and reconstruction,the issues currently faced by each responsibility are discussed.Including: First,on the basis of clarifying the latest developments in the basic principles of international law,we will discuss the issue of the implementation of the responsibility for prevention,the theoretical basis,whether it violates the principle of national sovereignty,and the principle of non-interference in internal affairs;Second,the responsibility for response is the "responsibility of protection" The resistance is even greater.The article discusses the relationship between the responsibility of responding to non-interference in internal affairs,the various types of subject determinations involved,and the construction of enforcement mechanisms.This demonstrates that the responsibility for responding to non-interference in internal affairs does not conflict with the principle of non-interference in the UN Security Council.The significance of the “responsibility for protection” and the necessity of building a system of it is gradually incorporated into the reformed UN peacekeeping operations.Third,while discussing the necessity of reconstructing responsibilities,the paper proposes a model for referring to the global rescue refugee crisis and constructing a multi-subject The idea ofa reconstruction mechanism.The fourth part of the article focuses on the construction of the “responsibility of protection” supervision and accountability mechanism.It is always difficult for the state's main body to supervise and defy responsibility to be “hard bones” that are urgently required to be solved by international law.This article has taken responsibility from the International Criminal Court to “protection”.From the perspective of the supervisory model.Finally,the “responsibility to protect” is an important part of global governance.China is an advocate for the common building of a community of human destiny,and it is actively participating in humanitarian assistance and UN peacekeeping operations.With the optimization of the governance capacity and governance system of the Chinese government,China has the ability to provide a more intelligent China program for world development.Therefore,we need to pay attention to China's role of “responsibility for protection”.
Keywords/Search Tags:"Responsibility to protect", Dilemma of development, Perfection of legal system, System construction, Chinese solution
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