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🌐 | Yukio Hatoyama, Taiwan independence is "Japan's way of life" Net is "interference in domestic affairs"


Photo Yukio Hatoyama

Yukio Hatoyama, Taiwan independence faction is "Japan's way of life" Net is "interference in domestic affairs"

 
If you write the contents roughly
However, he criticizes that "Taiwanese people want freedom", "If you can wrap your true feelings in oblate", "Taiwanese should decide whether or not Taiwan will become independent", "Interference in domestic affairs". Many comments were also received.
 

Former Prime Minister Yukio Hatoyama updated his Twitter account on the 4th, stating the importance of "suppressing Taiwan's independence."Ahn ... → Continue reading

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The principle of non-interference in domestic affairs

The principle of non-interference in domestic affairsWhat is (Naisei Fukansho no Gensoku)?Country TheInternational lawAs long as it does not violate the above, you can freely handle certain matters.rightOn the contrary, other countries must not interfere with the matter.obligationThere is a nationsovereigntyRefers to the principle derived from.And these matters that the nation can handle freely are called domestic jurisdiction matters or domestic problems.

Overview

Souji YamamotoAccording to the report, the non-interference obligation has historically made three stages of progress.The first period was in the 19th century, when the essence of sovereignty grounded the duty of non-interference, and while war was accepted as a legitimate exercise of rights, "authoritative and dictatorial intervention" that did not lead to war. Was not allowed under the principle of non-interference obligation.In the second period of the early 20th century,Illegal warIn the flow of, the scope of non-interference obligations is "matters that belong exclusively to the jurisdiction of the state under international law" (League of Nations CodeAs Article 15 (8)), it is subject to the discipline of international law.The view of domestic jurisdiction during this period is regarded as a reserved domain in which international law is not directly disciplined but is left to the discretion of the state, and certain matters are exempt from the discipline of international law. In the negative of being there, it was naturally recognized as a domestic problem.Since the Third and World War II, the scope of domestic problems has been defined more clearly and positively in international law, and it has become a protection law benefit under international law that can effectively counter infringement. ,[1].

Major treaty grounds

Article 2, Paragraph 7 of the Charter of the United Nations

Nothing in this Charter empowers the United Nations to interfere with matters that are essentially within the national jurisdiction of any country, and it is a member to refer that matter to a resolution under this Charter. It does not require the country.However, this principle does not preclude the application of compulsory measures under Article XNUMX. — [2]

Declaration on International Law Principles on Friendship and Cooperation between States (Declaration of Friendship Principles,Year 1970UN General Assembly Resolution2625)[3]

No country or group of countries has the right, for whatever reason, to directly or indirectly interfere with the domestic or external affairs of another country.Therefore, armed interference or any other form of intervention or threatening attempt at a country's personality or its political, economic and cultural elements violates international law.No State shall use any economic, political or other form of measure to subordinate the exercise of another country's sovereign rights or to force another country for the purpose of gaining any benefit from it. Also, its use should not be encouraged.Also, no country shall organize, assist, encourage, fund, incite or tolerate sabotage, terrorist or armed action directed at the violent overthrow of other nations' regimes. , Do not intervene in the civil war of other countries.The use of force to deprive the people of their ethnic identity violates the people's inalienable rights and the principle of non-intervention.Each country has the unyielding right to choose its political, economic, social and cultural regimes without any form of intervention by another country.No part of the paragraph shall be construed as affecting the relevant provisions of the Charter on the Maintenance of International Peace and Security.

Interpretation

What are domestic jurisdictions?

It was once thought that "domestic jurisdiction is an important matter that is indispensable for the existence of the nation, such as the political system of the nation and the treatment of its own people", but the Tunis-Moroccan Nationality Law of 1923 In the recommendation opinion of the case,Permanent International Court of Justice"Whether or not a matter belongs exclusively to domestic jurisdiction is essentially a relative issue and depends on the development of international law," and the scope of domestic issues is moving.For this reason, it is generally understood as "a field in which international law is not disciplined and is left to the sovereign discretion of each country."On the other hand, after World War IIhuman rightsProtection became an international concern, 1948Universal Declaration of Human RightsVariousInternational human rights treatyWas born.Although the emergence of human rights issues does not immediately lead to foreign intervention, large-scale, especially serious human rights violations are not only a problem from the perspective of international human rights protection, but also to the international peace and security of the surrounding area. Is treated as a legitimate international concern as it can be a serious threat.Further in 1993World Conference on Human RightsAdopted byVienna Declaration and Action Plan"We acknowledge the need to consider the historical and cultural backgrounds of each country, but there is no doubt about the universality of human rights."[4]..Based on this Vienna Declaration and Action PlanUnited Nations High Commissioner for Human RightsWas established, and in 2006, it monitored the human rights situation in the world and systematically.Human rights violationTo deal withUnited Nations Human Rights CouncilWas established.

What is interference?

Interference is the use of force or other compulsory intervention in the domestic jurisdiction of another country.ButUse of forceaboutCharter of the United Nations Article 2It is not necessary to treat it as a problem of non-interference of domestic jurisdiction because it is prohibited in principle.The act of interfering is that of another country.WatersWithinMinesweepingActivity (Corfu Channel IncidentSupport and assistance (judgment) and armed groups with the purpose of overthrowing the governments of other countries (judgment)Nicaragua caseJudgment).It is also said that the exercise of political and economic pressure, such as the suspension of economic assistance, for the purpose of subordinating the exercise of sovereign power of other countries is also an interference ().Declaration of friendship).Even if another country criticizes or protests about domestic governance, it does not constitute an illegal interference under international law because it does not include a compulsory element.

Major issues

Interference with the civil war

In the past, it was illegal interference for other countries to provide military and economic assistance to rebels, but conversely, it was not interference but cooperation for other countries to support the government at the request of the legal government. It was said that there was no illegal interference.However, since civil wars are usually contested for qualifications to represent a country, the request from the existing government does not mean that it is the basis for the legality of civil war intervention by other countries.Right to self-determinationThere is a problem in terms of "respect for".Therefore, it is considered that the duty of non-interference with other countries for the civil war has been established today.The Declaration of Friendship Principles stipulates the obligation of other countries to not interfere with the civil war.However, the issue has been raised that the principle of non-intervention may not apply to the civil war for colonial independence.In other words, from the perspective of respecting the right to self-determination, there is a view that support for the colonial homeland should be avoided and that the independence struggle of the subordinated people should be supported.The former, that is, the prohibition of support by other countries to the colonial homeland, is considered to have been established under international law (UN General Assembly Resolution1514), there is a dispute over whether it is permissible to support the latter, that is, groups engaged in armed struggles for self-determination.1974 UN General Assembly Resolution 3314 confirmed that groups struggling against colonial rule had the right to request and receive support from other countries, but the content of that support was stipulated. There wasn't.Therefore, there remains a dispute as to whether the content of the aid is mental aid or whether it includes material aid in addition to mental aid.

About humanitarian intervention

Humanitarian interventionAlso violates the principle of non-intervention in domestic affairs.However, humanitarian intervention is not considered to be domestic intervention in the international community.However, if you try to change the system, law, government, etc. of the country for that reason, it is a complete interference with domestic affairs.

Interference of international organizations

Intervention in domestic affairs of international organizations is common, but strictly speaking, it violates the principle of non-intervention in domestic affairs.However, this is rarely a surfaced problem.

Transition of non-intervention principle

After the Cold War, some Western European countries have basic human rightsRule of lawInterference with domestic problems of other countries based on such values ​​is being carried out.However, these concepts areVienna Declaration and Action PlanAlthough its importance was clearly stated in, under general international lawPeremptory normsIt is hard to say that it has been approved as a party, and interference with other countries for the enforcement of democracy is not valid under international law except for treaties ratified by the parties concerned.

An example of controversial domestic affairs

The principle of non-intervention in domestic affairs has historically been fluidly established in international affairs.National powerIt is one of the claims about the state of affairs, and one of the three basic principles of the United Nations (non-intervention in domestic affairs, illegalization of war,Collective security), But it may be discussed among the countries concerned that have conflicting interests.

Economic regulations not based on UN resolutions, especially the United StatesHegemonyWhat was discussed as economic sanctions in the United States was the 1996 Cuba Liberation and Democratic Solidarity Act (commonly known as "".CubaEconomic blockade law.Penalties also apply to trade with third countries. ).

In addition,Yugoslavia conflict,Somali Civil War,Rwandan Civil WarHumanitarian intervention in ethnic conflicts in the latter half of the 20th century will be discussed.

Historical cases are often argued from the principle of non-intervention in domestic affairs, but many are easily confused from today's point of view, and the international legal system at that time does not point out illegality.for example,Hawaiian KingdomAmerican interference and annexation toKingdom of SikkimAnd so on.

Mental support does not correspond to internal affairs interference.The term "interference in domestic affairs" is sometimes used idiomatically for interfering statements from foreign governments, political parties, and citizens' groups to their own culture and legal system.for example,People's Republic of China GovernmentIt is, Tibetan problem,UighurIndependence movement in such as, domesticLiu XiaoboLanoFreedom of speechAsk forChina Democratization MovementAgainst the crackdown onWesternHe often defends his criticism as an interference with domestic affairs.However, such usage is not clearly grounded in international law, andResponsibility to protectIt also leads to the abandonment of.

footnote

  1. ^ Soji Yamamoto "International Law" (new edition 1994 Yuhikaku Publishing).Directly, "Extra-regional enforcement of national jurisdiction in international law" Shinya Murase (Sophia Law Studies 49 2006-03 Sophia University Law Society)[1][2]Written from footnote 25.
  2. ^ United Nations Charter
  3. ^ Declaration on the Principles of International Law on Friendship and Cooperation between States in accordance with the Charter of the United Nations (Excerpt) University of Minnesota[3]
  4. ^ "Human Rights in Asia in the Age of Globalization" Koichi Tsutsumi (Ritsumeikan Law, 2000, Vol. 3, p. 4)[4]

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