Vlasyuk V. "Responsibility to protect" in International Law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U005224

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

29-08-2016

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

The thesis examines the emergence and development of the concept of "Responsibility to protect" (hereinafter - RtoP) in International law as one that offers an alternative solution to the problem regarding the use of force enshrined in the UN Charter. In particular, the paper considers the prerequisites of the modern concept of "Responsibility to protect", the examples of countries responding threatening situation for people in other states, and countries analyzed official position in this regard. It should be emphasized that the central institution of "RtoP" is considered the humanitarian intervention, which, however, must be accompanied by sufficient efforts for conflict prevention and post-conflict reconstruction. Notwithstanding, there is a plethora of problems in keeping the World in peace and secured. First, so called hybrid, or proxy wars become more and more regular. Second, the actual board of the SC-members quite often struggle to make decisions out neither in time, nor on substance. Third, the law of use force must be re-established obviously. As to the first, there is a dangerous tendency to use (rather, misuse) the "RtoP" concept to justify running a hybrid war. Due to the Russian aggression against Ukraine in the analyzes and recommendations on improving this concept the inclusion of effective safeguards to prevent abuses are prorosed. Modern concept of "RtoP" fails in providing such safeguards. It must be stressed that "RtoP" has no future until no one dare to misuse it.

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