2國(guó)際法基本原則

1、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 LawThe

2、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 Internation

3、al 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

4、 (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 N

5、ations,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 b

6、reaches 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 b

7、reach 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;,

8、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 freed

9、oms 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,

10、 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

11、 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 i

12、nternational 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 f

13、orce 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

14、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 shal

15、l 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 p

16、resent Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any State,3. The Five Principles of Peaceful Co-Existence and the Fundamental Principles

17、 of International Law,,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 soverei

18、gnty: the right of independence Jurisdictional power: territorial jurisdiction personal jurisdiction

19、 universal jurisdiction protective jurisdiction the right of intercourse the equal rights

20、 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 int

21、ernational 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 threa

22、t 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

23、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 aggre

24、ssion.,(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

25、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 t

26、erritory 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

27、 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

28、 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 No

29、n-Interference in Each Other's 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. Consequ

30、ently, 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

31、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 a

32、dvantages 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 interf

33、ere 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 inalie

34、nable 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 provisi

35、ons 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 inte

36、rnational 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

37、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 areinviolable

38、;,(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 itsinternational obligations and

39、to live in peace with other States.,4.5 Peaceful Co-Existence,和平共處是指國(guó)家在其相互關(guān)系上，應(yīng)彼此尊重對(duì)方現(xiàn)存的社會(huì)經(jīng)濟(jì)制度，不得使用武力或武力威脅以及其他任何方法改變或企圖改變對(duì)方的社會(huì)經(jīng)濟(jì)制度，根據(jù)國(guó)際法的要求，實(shí)行廣泛的合作，發(fā)展友好關(guān)系，和睦相處。,和平共處的主要內(nèi)容,各國(guó)應(yīng)和平地同時(shí)存在，不應(yīng)因社會(huì)制度和意識(shí)形態(tài)的不同在國(guó)際人格上有所區(qū)別，更不應(yīng)因此而互相攻擊、干

40、涉和顛覆各國(guó)應(yīng)和平地相互來(lái)往，和平地處理相互間的關(guān)系，以促進(jìn)彼此的了解與合作如遇爭(zhēng)端應(yīng)以和平方法解決，而不應(yīng)訴諸武力或武力威脅。,4.6 National Self-Determination,At the end of the First World War, it was the world’s leading democratic statesman, President Woodrow Wilson, who wrote

41、 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

42、 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 interfere

43、nce, 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

44、 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 Nation

45、s 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

46、 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

47、 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

48、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-determina

49、tion 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 an

50、y other State or country.,,不得將民族自決原則解釋為授權(quán)或鼓勵(lì)采取任何行動(dòng),局部或全部地破壞或損害獨(dú)立國(guó)家的領(lǐng)土完整和政治統(tǒng)一.每一國(guó)均不得采取目的在于局部或全部破壞另一國(guó)國(guó)內(nèi)統(tǒng)一及領(lǐng)土完整的行動(dòng).任何外國(guó)不得假借民族自決名義對(duì)獨(dú)立國(guó)家進(jìn)行煽動(dòng),挑撥或策動(dòng)民族分裂活動(dòng),破壞該國(guó)的獨(dú)立和領(lǐng)土完整.,4.7 Settle the International Disputes by Peaceful Means,和

51、平解決國(guó)際爭(zhēng)端原則是指國(guó)家之間在發(fā)生糾紛或爭(zhēng)端時(shí)，應(yīng)通過(guò)和平方法予以解決，任何使用或企圖使用武力或武力威脅的辦法來(lái)解決爭(zhēng)端，都是違反國(guó)際法的。,,According to the Declaration on Principles of International Law:Every State shall settle its international disputes with other States by peaceful

52、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, co

53、nciliation, 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 a

54、ppropriate 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 ma

55、intenance 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

56、 and in accordance with the principle of free choice of means.,4.8 To Fulfil in Good Faith the International Obligations,忠誠(chéng)履行國(guó)際義務(wù)原則是指一個(gè)國(guó)家應(yīng)善意履行聯(lián)合國(guó)憲章規(guī)定的、由公認(rèn)的國(guó)際法原則和規(guī)則產(chǎn)生的其作為締約國(guó)參加的國(guó)際條約所承擔(dān)的各項(xiàng)義務(wù)。凡是符合國(guó)際法的、由有效條約產(chǎn)生的國(guó)際義務(wù)，而非奴役性的、侵

57、略性的或由非法條約所產(chǎn)生的國(guó)際義務(wù)，國(guó)家都應(yīng)善意地履行，不得違背。,,All members, in order to ensure to all of them the rights and benefits resulting from the membership, shall fulfill in good faith the obligations assumed by them in accordance with the

58、present Charter.,,According to the Declaration on Principles of International Law: Every State has the duty to fulfill in good faith the obligations assumed by it in accordance with the Charter of the United Nations.

59、 Every State has the duty to fulfill in good faith its obligations under the generally recognized principles and rules of international law.,,Every State has the duty to fulfil in good faith its obligations under interna

60、tional agreements valid under the generally recognized principles and rules of international law. Where obligations arising under international agreements are in conflict with the obligations of Members of the United

61、Nations under the Charter of the United Nations, the obligations under the Charter shall prevail.,案例分析:,從1984年2月開(kāi)始，在美國(guó)的資助和直接參與下，尼加拉瓜反政府武裝組織在尼加拉瓜幾個(gè)重要港口布設(shè)水雷，在短短兩個(gè)月里就造成8艘外國(guó)船舶和5艘尼加拉瓜船舶觸雷。美國(guó)還支持尼反政府武裝攻擊尼加拉瓜港口、石油設(shè)施等。為此，尼加拉瓜于198