人民自决权与国家领土完整的关系
赵建文人民自决权与国家领土完整的关系
Relationship between Right to Self-determination of Peoples and Territorial Integrity of a State
期刊名称：《法学研究》
期刊年份：
作者：赵建文
单位：中国社会科学院国际法研究所
中文关键词：人民自决权;国家领土完整;单方面分离;国际法
英文关键词：right to self-determination of peoples;territorial integrity of a state;unilateral secession
中文摘要：
人民自决权与国家的领土完整是统一不可分割的；人民自决权不具有改变现有国家边界的效力；国际法不承认一国的少数人民通过自决实行单方面分离的一般权利；国际法尚未肯定也未否定“救济性分离权”；国际法承认有关各方经自由协议达成的分离安排的合法性；国际社会应当通过多种途径实现人民自决权与国家领土完整的和谐统一；有关国家应当依照国际法解决因单方面分离行为而引发的冲突。
英文摘要：
Both the right to self-determination of peoples and territorial integrity of a state are fundamental principles of contemporary international law. On the whole, they are harmonized and inseparably connected to each other and have no contradiction between them.The right to self-determination of peoples has no effect of altering the existing boundaries between countries. It is clear that international law does not recognize a general right of minority to secede unilaterally from their “parent” state. International law attaches great importance to the territorial integrity of a state and leaves the issue of unilateral secession as a domestic affair to the “parent” state. International society also has the duty not to recognize the unilateral secession. Moreover, international law has neither affirmed nor denied the right to remedial secession of minority. Whether the alleged right to secession in the name of self-determination should be permitted or not should be judged case by case.In the other hand, international law does not exclude the possibility of secession arrangements reached by free agreements of all parties concerned. It is necessary for a legitimate secession to conform to the self-determination of related people. States established in violation of rights to equality and self-determination should not be recognized as subjects of international law.International society should realize the concordance and harmony between self-determination of peoples and territorial integrity of a state by various ways, among which to protect the rights of members of minority is a necessary requirement. States should avoid external self-determination or secession through “good governance” or “internal self-determination”, i.e., minority should obtain the status of subjects of autonomy or other forms of self-determination. It is the duty of states to promote the right to self-determination of peoples and protect the rights of minority in accordance with the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 1992.Peaceful methods and means should be used to settle the conflicts arising in relation to secession. Nevertheless, a state is entitled to use adequate force, including armed force, to defend its sovereignty, territorial integrity and political unity. In any case, universally recognized norms related to human rights should be respected.
全文阅读： 点击下载
