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The principle of non-intervention in the internal affairs of other states in contemporary international law


Author: Adrian Mătășel
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2018
Scientific adviser: Natalia Chirtoacă
doctor, professor,
Institution:

Status

The thesis was presented on the 31 March, 2018
Approved by NCAA on the 25 May, 2018

Abstract

Adobe PDF document – 0.47 Mb / in romanian

Thesis

CZU 341.23(043.3)

Adobe PDF document 1.20 Mb / in romanian
180 pages

Keywords

non-intervention, internal competence, restriction, human rights, humanitarian intervention, responsibility for protection, military intervention, non-military intervention

Summary

The PhD thesis in law. Speciality 552.08 – International and European public law. Chisinau, 2018.

Structure of the thesis. The thesis consists of annotations in Romanian, Russian and English language, introduction, 4 chapters and 9 paragraphs, general conclusions and recommendations, bibliography consisting of 249 sources and 149 pages of the main text. Scientific results were published in 8 scientific papers.

Study domain: The thesis promotes the deepening of the fundamental principles of public international law by explaining the evolution of the principle of non-intervention based on longitudinal analysis, focusing on the applied spectrum, which allows to give a complete picture of the application of the principle of nonintervention in case of intervention, both with the use of military force and in the case of non-military intervention.

The goal and objectives of the thesis. The goal of the PhD thesis is to study the evolution of the principle of non-intervention in the internal affairs of other states in public international law, based on a comprehensive scientific analysis that covers the evolution of the principle, from its emergence up to contemporary accentuations and non-intervention tendencies, clarifying the concepts that interpret this principle. The analysis includes all dimensions of the principle of non-intervention, both military and non-military (diplomatic, economic and political framework).

The achievement of this goal is conditioned by the solution of the following objectives: (a) analysis of the origin of the principle of non-intervention by exploring and describing the first attempts to formulate this principle; (b) research and interpretation of the features of the principle; (c) an analysis of this principle in the context of the 20th and 21st centuries. in the light of contractual provisions and customs of international public law; (d) an analysis of the content of this principle by conceptualizing and delineating the concepts of „internal competence” and „intervention”; (e) description and explanation of current developments of this principle; (f) an explanation of the humanitarian peculiarity of the principle in the context of the current dynamics of its development; g) consideration and presentation of exceptions of the principle of non-intervention; (h) in-depth analysis and interpretation of the applied nature of military and non-military (diplomatic, economic and political) intervention.

The scientific novelty and originality. The novelty of the thesis lies in the method of longitudinal analysis, which allows the recording of variations along the centuries and the connection of the two dimensions of intervention in a coherent frame, by relating to concrete cases. Also, the connection of the two dimensions of the principle, military and non-military intervention, in a coherent framework represents an important step with significant implications on international relations and understanding the considerations underlying the rule of non-intervention. Last but not least, the interdisciplinary basis of the research highlights an innovative research, designed to provide a complete information corpus regarding about the case of non-intervention.

The main scientific problem solved consists in the scientific substantiation of the features and understanding of the requirements of the principle of non-intervention, which is a key element in ensuring the legality of agreements related to the involvement of the internal structure of another state, including a comprehensive analysis of both military and non-military actions in order to clarify the permissibility of actions involving the intervention in internal structures another subject. Theoretical significance. The results of the research allow us to understand, comprehend and develop the applied-theoretical sphere of the principle of non-intervention, especially in the context of the new international dynamics.

The practical significance of the thesis is confirmed by the articles which have been published in specialized journals and the sustaining of research results in conferences. Implementation of scientific results. The results have been submitted for presentation and sustained in the conferences and seminars, and published in scientific articles.