THE RESPONSIBILITY TO PROTECT AS A GENERAL PRINCIPLE OF INTERNATIONAL LAW

被引:0
|
作者
Kunadt, Nadja [1 ]
机构
[1] LMU, Philip C Jessup Moot Court Team, Munich, Germany
关键词
Responsibility to Protect; RtP; R2P; UN World Summit Outcome 2005; International Crimes; Sources of International Law; General Principles of International Law; Art. 38 ICJ Statute;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The object of this essay is to explore the legal basis of the principle of RtP, a notion which has attracted deepened debate and scholarly attention within the last decade, and to determine which of its aspects have crystallized into positive international law. Therefore, the author will analyze the sources of international law as contemplated by Art. 38 of the ICJ Statute. It will be found that parts of the RtP are comprised by already existing international instruments and state practice as well as opinio juris of states and the UN support a responsibility to react to widespread human suffering.
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页码:187 / 226
页数:40
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