In this study, I show that human fights are historical projects. They are legal inventions and institutional structures and respond to historical injustices and serious atrocities suffered by people, or which threaten...In this study, I show that human fights are historical projects. They are legal inventions and institutional structures and respond to historical injustices and serious atrocities suffered by people, or which threaten them. It is useful therefore to first distinguish, both historically and systematically, different conceptions of human fights from a concept of human fights. I will distinguish three conceptions： national, international and transnational. Included in national conceptions are the human fights declarations of North America （1776） and France （1789）. The starting event of the international conception is the Universal Declaration of Human Rights by the United Nations after the Second World War in 1948. And it can be argued that a transnational conception of human fights that better fits the globalised world and the already global developments in intemational law and governance is needed.展开更多
The principle of non-interference is that sovereign states shall not inter- vene in each other＇s internal affairs. It is the general principle of contemporary international law that the non-interference in each other...The principle of non-interference is that sovereign states shall not inter- vene in each other＇s internal affairs. It is the general principle of contemporary international law that the non-interference in each other＇s internal affairs is based on the respect for states＇ sovereignty and territorial integration, which governs the relations between states in regard to their rights and obligations. It has been estab- lished as the general principle of international law or customary law in compliance with the purposes and principles of the UN Charter. Nevertheless, its application depends on the determination of the matter in question within the domestic juris- diction and of the applicable international laws accordingly. It was and is still controversial in practices of international law to make such determination. This article focuses on the analysis of the principle of non-interference and its relation with the determination of domestic affairs, the relation between the principle of non- interference and the R2P, as well as the recent institutional development of global protection for human rights such as the HRC related to domestic affairs.展开更多
文摘In this study, I show that human fights are historical projects. They are legal inventions and institutional structures and respond to historical injustices and serious atrocities suffered by people, or which threaten them. It is useful therefore to first distinguish, both historically and systematically, different conceptions of human fights from a concept of human fights. I will distinguish three conceptions： national, international and transnational. Included in national conceptions are the human fights declarations of North America （1776） and France （1789）. The starting event of the international conception is the Universal Declaration of Human Rights by the United Nations after the Second World War in 1948. And it can be argued that a transnational conception of human fights that better fits the globalised world and the already global developments in intemational law and governance is needed.
文摘The principle of non-interference is that sovereign states shall not inter- vene in each other＇s internal affairs. It is the general principle of contemporary international law that the non-interference in each other＇s internal affairs is based on the respect for states＇ sovereignty and territorial integration, which governs the relations between states in regard to their rights and obligations. It has been estab- lished as the general principle of international law or customary law in compliance with the purposes and principles of the UN Charter. Nevertheless, its application depends on the determination of the matter in question within the domestic juris- diction and of the applicable international laws accordingly. It was and is still controversial in practices of international law to make such determination. This article focuses on the analysis of the principle of non-interference and its relation with the determination of domestic affairs, the relation between the principle of non- interference and the R2P, as well as the recent institutional development of global protection for human rights such as the HRC related to domestic affairs.
