JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2016, Vol. 29 ›› Issue (4): 54-60.DOI: 10.13766/j.bhsk.1008-2204.2014.0622

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On Self-preservation Power of State under Emergency Conditions

XIONG Jianjun   

  1. Law School, Fujian University of Technology, Fuzhou Fujian 350118, China
  • Received:2014-11-28 Online:2016-07-25 Published:2016-07-20

Abstract:

Disease threats are as old as mankind. In history, man has used germs to attack others. In precaution against extremely deadly disease, the self-preservation power of state in the face of threats of extreme lethality is particularly noteworthy. The theory of the self-preservation power of state has developed from right theory of state violating international law responsibilities to just cause theory and then to just as exemption excuses theory. But its ambiguity still exists. It is difficult for state to balance the relations between state power and human rights under the threat of danger. Article 25 and 26 of Draft Articles on State Responsibility for Internationally Wrongful Acts purpose to resolve these problematic issues. These articles have some strict applying conditions. It is helpful to correctly understand and grasp the self-preservation power of state by exemplifying how these conditions are applied.

Key words: Country, threats of extreme lethality, self-preservation power, Draft Articles on State Responsibility for Internationally Wrongful Acts, exemption excuses

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