On The Exercise Of The Right Of National Self-Defense

The right of self-defense is one of the basic rights enjoyed by the country.The country has the right to take urgent military action against external armed attacks to defend its survival and security.The right of self-defense is also an exception to the principle of the prohibition of the use of force under the Charter of the United Nations.Therefore,in addition to the authorization of the United Nations,the exercise of the right of self-defense has become the reason for the country to carry out armed attacks.However,in an international system based on the principle of the prohibition of the use of force,the country's right to exercise its right of self-defense must be subject to the following restrictions:(1)Must be infringed by foreign force;(2)conform to the principle of necessity and the principle of proportionality;(3)Member Countries should report to the Security Council immediately when exercising their right of self-defense.Any abuse of the right of national self-defense is a violation of international law.However,in today's international society,terrorist activities have emerged in an endless stream,and countries such as the United States have implemented pre-emptive self-defense actions,resulting in an expansion of the substantive conditions and procedural conditions for exercising the right of self-defense.Moreover,the conditions for the exercise of the right of self-defense in Article 51 of the Charter of the United Nationsare too broad,therefore the abuse of the right of self-defense will arise,posing a threat to the peace of the international social order.This article is divided into four parts.From the theory of self-defense rights stipulated in Article 51 of the Charter of the United Nations,the article analyzes the necessary conditions for the exercise of the right of self-defense,and discusses the new development and new problems concerning the right of national self-defense,which is the pre-emptive self-defense strategies of the United States and combating terrorism.The first part is the introduction.It introduces the purpose of the topic from four aspects: research background,research significance,research status at home and abroad and research methods.The second part introduces the origin,nature,development and conditions of the right of national self-defense,and fully explains what is the right of national self-defense.The third part analyzes the new development of the right of national self-defense and the problems it brings.By combining the two hot spots of the development of the right of self-defense,it would bring a deep understanding of how the right of national self-defensecould be perfected.The fourth part analyzes the suggestions related to the improvement of the right of national self-defense.Through the analysis and research of the above three aspects,we can fully understand the right of self-defense and its exercise,and could actively respond to the new problems arising from the right of self-defense.On this basis,we could prevent any country from abusing the right of self-defense and threatening other countries,which could guarantee the peace and development of the world.