| Summary: | 碩士 === 國防大學 === 戰略研究所 === 97 === ABSTRACT
The international community doesn’t show a clear attitude of whether CPC’s using armed forces against Taiwan violates ‘the principle of forbidding using force’ of “Charter of the United Nations”. Therefore, if the principle is suitable for the cross-strait relation will make an important influence on our military force. This is the motivation of this study.
The aim of this study probes into the concept and content of ‘use of force’ of “Charter of the United Nations ”. After getting political authority, how does CPC use the regulations of “Charter of the United Nations ” to legitimate its use of force from previous legal models to the possible armed conflict of Taiwan Strait in the future ? I use literature analysis and comparative study through this research, the results are as follows:
First, the CPC uses legal frame to construct the legitimacy of using force to Taiwan, and reach to the expectations of international community.
Second, to examine from CPC’s previous use of force, its legal models are ‘ put enemy into injustice‘ , ‘dispatch troops with legitimacy ‘ and ‘settle down everything of war‘ .
Third, CPC treats international law as partial acceptance , not total obedience.
Fourth, the peaceful resolution of Taiwan Strait must be the checkpoint of the determination of CPC’s ‘peace emerge’.
According to the study results, I have prospects of future research for two aspects:
First, according to different war types, research of relative international law has to update.
Second, our military force should put emphasis on practice of international law to improve the fight quality and flexible ability of using war law.
Keywords: the United Nations, Charter of the United Nations, use of force, the principle of using force.
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