2国际法基本原则.ppt

Chapter Two: The Fundamental Principles of International Law,The Conception of the Fundamental Principles of International Law The Charter of the United Nations and The Fundamental Principles of International Law The Five Principles of Peaceful Co-Existence and the Fundamental Principles of International Law The Contents of the Fundamental Principles of International Law,1. The Conception of the Fundamental Principles of International Law,1.1 The definition of the fundamental principles of international law 1.2 The character:(1) recognized by states (2) applies to all fields of international law and has universal meaning (3)consists of foundation of international law (4)has nature of jus cogens,2. The Charter of the United Nations and The Fundamental Principles of International Law,2.1 The purpose of the United Nations,To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;,To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;,To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights, and for fundamental freedoms for all without distinction as to race, sex, language, or religion.,To be a centre for harmonizing the actions of nations in the attainment of these common ends.,2.2 Seven principles,The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles: (1). The Organization is based on the principle of the sovereign equality of all its Members.,(2). All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter. (3). All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.,(4). All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations. (5). All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any State against which the United Nations is taking preventive or enforcement action.,(6). The Organization shall ensure that States which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security. (7). Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any State,4. The Contents of the Fundamental Principles of International Law,4.1 Mutual Respect for Territorial Integrity and Sovereignty,4.1.1 The sovereignty of state 4.1.2 Mutual respect for sovereignty: the right of independence Jurisdictional power: territorial jurisdiction personal jurisdiction universal jurisdiction protective jurisdiction the right of intercourse the equal rights the right of dignity and honor the right of self-defence 4.1.3 Mutual respect for territorial integrity,4.2 Mutual Non-Aggression,(1)Every State has duty to refrain in its international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations. (2) Such a threat or use of force constitutes a violation of international law and the Charter of the United Nations and shall never be employed as a means of settling international issues.,(3)A war of aggression constitutes a crime against the peace, for which there is responsibility under international law. (4)In accordance with the Purposes and Principles of the United Nations, States have the duty to refrain from propaganda for wars of aggression.,(5)Every State has the duty to refrain from the threat or use of force to violate the existing international boundaries of any State or as a means of solving international disputes, including territorial disputes and problems concerning frontiers of States. (6) Every State has the duty to refrain from organizing or encouraging the organization of irregular forces or armed bands, including mercenaries, for incursion into the territory of another State.,(7)The territory of a State shall not be the object of military occupation resuilting from the use of force in contravention of the provisions of the Charter. The territory of a State shall not be the object of acquisition by another State resulting from the threat or use of force.,(8) No territorial acquisition resulting from the threat or use of force shall be recognized as legal.,(9)Every State has the duty to refrain from any forcible action which deprives peoples referred to in the elaboration of the principle of equal rights and self-determination of their right to self-determination and freedom and independence.,4.3 Non-Interference in Each Others Internal Affairs,No State or group of States has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other State. Consequently, armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements, are in violation of international law.,No State may use or encourage the use of economic, political or any other type of measures to coerce another State in order to obtain from it the subordination of the exercise of its sovereign rights and to secure from it advantages of any kind. Also, no State shall organize, assist, foment, finance, incite or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the r6gime of another State, or interfere in civil strife in another State.,The use of force to deprive peoples of their national identity constitutes a violation of their inalienable rights and of the principle of non-intervention. Every State has an inalienable right to choose its political, economic, social and cultural systems, without interference in any form by another state Nothing in the foregoing paragraphs shall be construed as affecting the relevant provisions of the Charter relating to the maintenance of international peace and security.,4.4 Equality and Mutual Benefit,All states enjoy sovereign equality. They have equal rights and duties and are equal members of the international community, notwithstanding differences of an economic, social, political or other nature.,In particular, sovereign equality includes the following elements: (a) States are juridically equal; (b) Each State enjoys the rights inherent in full sovereignty; (c) Each State has the duty to respect the personality of other States; (d) The territorial integrity and political independence of the State are inviolable;,(e) Each State has the right freely to choose and develop its political, social, economic and cultural systems; (f) Each State has the duty to comply fully and in good faith with its international obligations and to live in peace with other States.,4.5 Peaceful Co-Existence,和平共处是指国家在其相互关系上，应彼此尊重对方现存的社会经济制度，不得使用武力或武力威胁以及其他任何方法改变或企图改变对方的社会经济制度，根据国际法的要求，实行广泛的合作，发展友好关系，和睦相处。,和平共处的主要内容,各国应和平地同时存在，不应因社会制度和意识形态的不同在国际人格上有所区别，更不应因此而互相攻击、干涉和颠覆 各国应和平地相互来往，和平地处理相互间的关系，以促进彼此的了解与合作 如遇争端应以和平方法解决，而不应诉诸武力或武力威胁。,4.6 National Self-Determination,At the end of the First World War, it was the worlds leading democratic statesman, President Woodrow Wilson, who wrote the right of self-determination, the right of national groups to form their own sovereign government, into the Peace Treaties and at no time in human history have so many independent national states been formed as after the Second World War.,By virtue of the principle of equal rights and self-determination peoples enshrined in the Charter of the United Nations, all peoples have the right freely to determine, without external interference, their political status and to pursue their economic, social and cultural development, and every state has the duty to respect this right in accordance with the provisions of the Charter.,Every State has the duty to promote, through joint and separate action, realization of the principle of equal rights and self-determination of peoples, in accordance with the provisions of the Charter, and to render assistance to the United Nations in carrying out the responsibilities entrusted to it by the Charter regarding the implementation of the principle, in order: (a) to promote friendly relations and co-operation among States; and (b) to bring a speedy end to colonialism,The establishment of a sovereign and independent State, the free association or integration with an independent State or the emergence into any other political status freely determined by a people constitute modes of implementing the right of self-determination by that people.,The territory of a colony or other non-self-governing territory has, under the Charter, a status separate and distinct from the territory of the State administering it; and such separate and distinct status under the Charter shall exist until the people of the colony or non-self-governing territory have exercised their right of self-determination in accordance with the Charter, and particularly its purposes and principles.,Every State shall refrain from any action aimed at the partial or total disruption of the national unity and territorial integrity of any other State or country.,不得将民族自决原则解释为授权或鼓励采取任何行动,局部或全部地破坏或损害独立国家的领土完整和政治统一.每一国均不得采取目的在于局部或全部破坏另一国国内统一及领土完整的行动. 任何外国不得假借民族自决名义对独立国家进行煽动,挑拨或策动民族分裂活动,破坏该国的独立和领土完整.,4.7 Settle the International Disputes by Peaceful Means,和平解决国际争端原则是指国家之间在发生纠纷或争端时，应通过和平方法予以解决，任何使用或企图使用武力或武力威胁的办法来解决争端，都是违反国际法的。,According to the Declaration on Principles of International Law: Every State shall settle its international disputes with other States by peaceful means, in such a manner that international peace and security and justice are not endangered,States shall accordingly seek early and just settlement of their international disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice. In seeking such a settlement the parties shall agree upon such peaceful means as may be appropriate to the circumstances and nature of the dispute.,States parties to an international dispute, as well as other States, shall refrain from any action which may aggravate the situation so as to endanger the maintenance of international peace and security, and shall act in accordance with the purposes and principles of the United Nations.,International disputes shall be settled on the basis of the sovereign equality of States and in accordance with the principle of free choice of means.,4.8 To Fulfil in Good Faith the International Obligations,忠诚