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1	國家主權在全球化時代中的調適賴錦傑, Lai, James Unknown Date (has links) 本研究的目的是要透過觀察威發里亞主權觀念的演進，以詮釋在先今國際體系中各主權國家應要如何行使自己的主權，如何看待他國的主權，才能在追求國家利益時，兼能維持國際體系的運作。威發里亞主權有其內部性和外部性，主權對其境內是一至高無上的權力，對外則不受他國之干預。本研究發現主權的內部性出現於三十年戰爭之後，但是其外部性則是落實在歐洲協調機制的出現，此時各國懂得唯有尊重他國的主權，才能維持國際體系的穩定。威發里亞主權觀念在全球化的時代中受到了挑戰，各國爭相發展境外經濟，降低對境內經濟活動的管制，以爭取國際市場中快速流動的資本，支持國家的發展和生存。此舉雖不符合威發里亞主權的本質，但是主權國家為其生存，行使主權，做出決定，追求利益，正是威發里亞主權本質的實踐。惟有透過國家的作為，主權才得以表現出來，擁有存在的事實。因此，當一國在面對國家存續，維護國家利益，所做出讓度或分享主權的行動時，並非削弱國家的主權，反而是國家主權的彰顯。威發里亞主權三十年戰爭威發里亞和約歐洲協調機制境外經濟 Westphalia Sovereignty the Thirty Years War the Treaty of Westphalia the Concert of Europe offshore economy)
2	Terrorism, war and international law: the legality of the use of force against Afghanistan in 2001 Williamson, Myra Elsie Jane Bell January 2007 (has links) The thesis examines the international law pertaining to the use of force by states, in general, and to the use of force in self-defence, in particular. The main question addressed is whether the use of force, which was purported to be in self-defence, by the United States, the United Kingdom and their allies against al Qaeda, the Taliban and Afghanistan, beginning on 7 October 2001, was lawful. The thesis focuses not only on this specific use of force, but also on the changing nature of conflict, the definition of terrorism and on the historical evolution of limitations on the use of force, from antiquity until 2006. In the six chapters which trace the epochs of international law, the progression of five inter-related concepts is followed: limitations on the resort to force generally, the use of force in self-defence, pre-emptive self-defence, the use of forcible measures short of war, and the use of force in response to non-state actors. This historical analysis includes a particular emphasis on understanding the meaning of the 'inherent right of self-defence', which was preserved by Article 51 of the United Nations' Charter. This analysis is then applied to the use of force against Afghanistan which occurred in 2001. Following the terrorist attacks of 11 September, the US and the UK notified the United Nations Security Council of their resort to force in self-defence under Article 51. Each element of Article 51 is analysed and the thesis concludes that there are significant doubts as to the lawfulness of that decision to employ force. In addition to the self-defence justification, other possible grounds for intervention are also examined, such as humanitarian intervention, Security Council authorisation and intervention by invitation. This thesis challenges the common assumption that the use of force against Afghanistan was an example of states exercising their inherent right to self-defence. It argues that if this particular use of force is not challenged, it will lead to an expansion of the right of self-defence which will hinder rather than enhance international peace and security. Finally, this thesis draws on recent examples to illustrate the point that the use of force against Afghanistan could become a dangerous precedent for the use of force in self-defence. United Nations' Security Council United Nations' General Assembly opinio juris extradite or prosecute aut dedere aut judicare North Atlantic Treaty Organisation NATO preambular paragraphs operative paragraphs anticipatory self-defence preemptive self-defence pre-emptive self-defence preemption self-defense self defense conflict data Security Council Resolution 1368 (2001) Security Council Resolution 1373 (2001) terrorism trends just war Pact of Paris Kellogg-Briand Treaty Treaty of Westphalia Covenant of the League of Nations definition of aggression changin nature of conflict President George W Bush Prime Minister Tony Blair Prime Minister John Howard international reaction to terrorism 9/11 11 September 2001 September 11.

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國家主權在全球化時代中的調適

Terrorism, war and international law: the legality of the use of force against Afghanistan in 2001