论文部分内容阅读
联合国安理会授权使用武力作为一种新的合法使用武力方式,近年来在维护国际和平与安全过程中发挥了积极的作用。但由于安理会授权启动在实践中常为大国操纵,授权关卡不断降低,使其授权机制陷入了合法性困境。加之,授权的建议性质、措辞不精准以及授权标准和方式的不明确等因素,使得安理会授权活动过于随性、范围模糊、授权行动缺乏有效的监控。因此,应当通过明示规定授权依据、依法确认安理会的授权自主权、规范授权启动程序、防范授权行动滥用,以确保联合国安理会授权使用武力机制功能的正常实现。
The UN Security Council’s authorization to use force as a new and legitimate method of using force has played a positive role in maintaining international peace and security in recent years. However, due to the fact that the Security Council authorized the start-up to be often manipulated by big powers in practice, the authorization level has been continuously reduced, causing its authorization mechanism to plunge into the legality dilemma. In addition, the nature of the proposed authorization, the inaccurate wording and the ambiguity of the authorization standards and methods have made the Security Council’s authorization activities too casual, ambiguous in scope and lack of effective monitoring of authorization actions. Therefore, it should ensure that the UN Security Council authorized the use of the force mechanism to achieve its normal function by explicitly stipulating the basis of authorization, legally confirming the authorization autonomy of the Security Council, regulating the authorization to start the procedure and preventing the abuse of authorized actions.