Mo thought of international law dealing with relations between states

Paper Keywords, equality and mutual benefit of peaceful international legal thought
Abstract: between countries, big or small, rich or poor, strong or weak, should abide in international relations equality and mutual benefit, peaceful coexistence, not to use force or threat of force such as the basic principles of international Law. Ink to the universal love, non-attack, cross- Mutual Benefit, and the strong should not weak, the rich do not insult the poor countries deal with the relationship guidelines, the principles of international Law and obvious Restorative Justice. ink to these ideas, for we are dealing with today is still the relationship between states The following missing the practical significance.

Mozi legal thoughts in the sub hundreds of other pre-Qin For Thought, is adapted to the social needs of the times. Both Taoism, Confucianism or Legalism and other major schools of thought, the underlying purpose of scholarship is to govern the country, to govern the country in some manner the theory and methods. As <<Records of Tai Shi Gong preface) said:. Annotations day, consistent and Considers the world, but end by different routes. Mozi deal proposed by the State norms of international Law and ideology, also based on the prevailing social reality.

Generally believed that the Warring States period in ancient China, the emergence of international Law and the existence of time. This period, Zhou vassal state of the royal family in name only and continued strong economic and military strength. Therefore, the princes of the country more independent, affiliated under the System Packet loses its meaning, and the relationship between feudal states developed. the need for communication between, making the deal with the relationship between some of the rules, practices also came into being. The first of these rules dealing with international relations, practices with the modern national rules compared to the world that the Americans William MArtin (w.A.P, MArtin) .1881, he made a visit to Europe with a. ancient Chinese Law remains (Trace $ ofInternationalLaw inAncient China ) report. In this report, William MArtin said. Chinese politicians have pointed out that the period of their countries of modern Europe's political division were similar. in their records, they have found with our modern equal terms with international practice, the words and concepts .- [z3, of course, for the P. MArtin of the ancient Chinese practice of international law and the rules, they clearly can not be regarded as the modern sense of the principles of international law rules. because the Spring and Autumn vassal state during the modern sense is not. countries, Mr. Chen Guyuan pointed out that during this period only. the international "no. country. However, these principles, rules and system and modern international law were similar, they constitute the overall international law can be said to be preliminary, it can be said that international law remains., Mo guidelines on the handling of international relations can be said that the initial pArt of international law.

Spring and Autumn Period, the major merger between Nagisa and hegemony Hou frequent wars, social unrest.

These attack the plunder of war, thereby adversely affecting the farming season, destruction of agricultural production, and the people died from hunger and cold Dongnei: killing innocent people swept into slavery, the country lost the labor force: the people can not be engaged in the trade, was forced to participate in expeditions, which led to death can not be to count. Therefore, this merger hegemony war, the people of the two warring sides is a huge disaster. Mozi as a "person of farmers and workers wantonly, that the idea of ​​class representatives of small producers, the ideas reflected in this of course the urgent desire for classes: stable and peaceful environment for survival. Therefore, Mo from. Today the size of the country under the free, all-day understanding of Yap is also the base paper proposes guidelines for dealing with relations between states: love, equality, mutual benefit .

First, based on. And love arising from state to state should be peaceful coexistence, good neighborliness and good ideas.

All times, there is only between countries on an equal. Love, to eliminate the hostility between, looting and aggression of Italy, in order to achieve good neighborliness, peaceful place. Near the end of World War II, the world view of the second second world war brought about heavy disaster to the people, in order to avoid recurrence of similar disasters, it is in the 'Charter of the United>> stated in the preamble:. To avoid risk of further later this year on behalf of the unspeakable human stereo twice the disaster, countries must. Lising tolerance with one another as good neighbors, and getting along. This is very clear requirements between countries should be mutual respect for sovereignty and territorial integrity, not by force, threat of force or other means to infringe upon the sovereignty, territorial integrity or political independence, interference in the internal affairs of each other, on this basis, the development of relations of peace and tolerance among nations. Mozi criteria in his discussion of relations between states, its start and end are only reflected in the idea is. tolerance and. good neighbors of the content.

First, the Mo that war between nations attack the root of plunder. Do not fall in love. Mozi Date:
Saints to rule the world as things are also, must be aware of the chaos from the beginning. When the investigation from the beginning where chaos? Cases of non-love. ... Whether patriotic child from the parent, so loss of the parent and the interests: self-love than love Brother brother, Therefore, loss of brother and self-love without self-f Aijun Chen Jun and therefore loss of self: ... Pirates of the love and not love the room different room, different room so as to facilitate the theft Room: ... the love of their country princes, do not love exotic Therefore, a foreign attack and the benefit of its country.

From his discussion of this can be seen as the root cause of social chaos among people and nations. Not in love, the reason why. Is not entirely out of personal love. Selfish and narrow national . patriotism. Thus, it clearly is. to practice tolerance. good neighbors not compatible.

Secondly, Mozi thought. And love is the solution state to state. Not a fundamental field.

To eliminate confusion, countries do not implement the phase of attack, then it should be. And love, that is equivalent. Love. Mozi Day: "This year alone know love their country nobility, not love of country, is afraid to give their country
To attack one of the country. ... Therefore in field lords it certainly does not fall in love. ... What, then and phase
Love, Mutual Benefit of the law, will do nothing holy? Mozi words: 'as one of the nation is depending on the country, depending on the person home, if, as his family, as the people of the country, if depending on the country. Therefore in princes love, not field ...

"Depending on the country if their country of people who attack? ... So love the world and governance, cross the evil will be chaos."
In this way, everyone just stick to their own narrow "patriotic" theory, is bound to benefit from their departure for a country which invaded his country. If you are like everyone loves to love their country to other countries that, like the care of their families, to love other people's families, between nations, between people, between the home and family will be of mutual friendship, mutual love. who will go to attack other countries? harmony between nations, the carrot "of good o of the Road ", the world not to achieve great order it?
II, mutually beneficial - to recognize and respect each other's interests
From his look at the times, vassal state of war between the hegemony mergers are frequent, "when if the fan is attack the, the real victims of the world is huge also. Yang this" giant evils "lead the national treasury, the people displaced, barren land: it perish, and people died. these cases is whether the warring parties, or the rulers and the ruled, it is extremely unfavorable. that "the attacker negative, but negative attack Zheyi is also two negative . B] Therefore, according to Mo, "Heaven" suggests that "universal love", "Mutual Benefit" proposition:
"Love Win who will be blessing the l-day wicked thief who will curse the day. ... For days, is known relative to interest people in love, not like the phase of people's evil thieves." "Lover, who will to love: Win who will thus benefit the people: the wicked persons, who shall be so evil: victimizers, into which black sheep. "
"Today, under the gentleman, the faithful want the rich world, and evil desire of its poor to the world of the rule l, and the evil of their disorder: When and love, Mutual Benefit. The sage of the law, and the world of Governance also they can not service is also . Gong, "" strong-phase operation, hence the saying saved the points have the money phase. "who shun God, and love, Mutual Benefit will receive the reward: Anti-God who, not relative to evil, cross-thief, must fine" " Ruofu and love today, Mutual Benefit, its beneficial and easy this is also, not win total too. I thought of those who said there was no just carry on. "
These ideas show that Mo, both between people or between nations, the stakes are mutual and equal. As was Mo "Loving", "Mutual Benefit" direct object a vassal state of monarchy should be recognized that, to ensure that their national interests, we must recognize the benefits to respect the interests of other kingdoms. and "Mutual Benefit" is a human, and beneficial to the country, then this incident is also incalculable. Based on this reciprocal relationship, if the monarch implementation of "cross-thief," the interests of other countries are not protected and were damaged, then the interests of their country will not be protected by other countries, but also suffered damage. As Mo said, not only can not be "Heaven" and "blessing and reward", but also by the "days" of the "evil and punishment." Thus, the first love of others, benefit others, the other will be given on the other return} if the first evil to each other, harm the other party, then people will use other means of retaliation. Therefore, in order to truly safeguard national interests, must recognize and respect the interests of his country. "States are not relative to attack, they do not phase chaos thief" [1 to "Xing world of Italy", "people in the country and benefit the people."
Integration in the world today, "Mutual benefit" of this principle in dealing with economic relations between countries still have very important practical significance. Today, economic and trade exchanges between countries, there were not on the basis of mutual benefit carried out. the reason for China to join the World Trade Organization (WTO), it is because China, as a trading power, as interdependent global economy, a key member of a growing need to support the WTO system to meet their growing and great potential for the development of more and more the world needs} China, a country with extensive participation in the market. It is because of the need to pursue their own interests, China and the United States and other WTO member countries for up to ten years old negotiations. Therefore, China's accession to the WTO, the negotiating parties is a "win-win" choice. Everyone in the economic and trade exchanges in the hope that their interests are protected, not undermined. If the economic and trade exchanges, the unscrupulous pursuit of their own interests, without regard to the interests of others, then the other is bound to retaliate with similar measures. Links http://www.hi138.com Research Papers Download so that it is impossible for their own benefit and their own interests will also be damage. Therefore, whether international trade, or engaged in domestic trade, both sides must recognize and respect each other's interests.

Third, the state ideology of equality of status
In Mozi's view, "Heaven" both things, but also for all things are equal, applied to the same love. Mozi Day: "Today, the size of the country under the free, all the world of the Yi people."
"Moon and stars to wear to Zhao Tao: System for the seasons from summer to winter to Ji Gang of: Thunder snow frost and rain, then the long grain and flax, to get the financial benefit of the people ..." "day trip to Canton and impartial , With its thick but not Germany, that does not weaken the next years. "Therefore, since both large countries or small, are" days "of the cities, and giving them grace, not because of land the size of the treatment vary differences, we can say that their "day" in the eyes of the status of full equality. of course not as a great power because of his powerful and bullying of small countries. Therefore Mozi Date:
"Meaning days of major powers do not wish to attack a small country also ... oppression of the weak not strong." [Yang "at the big countries do not attack a small country on the help ... This will be days, in favor of a ghost, under the favor of people.

"And who, at the big countries do not attack a small country, that we do not mess a family, oppression of the weak ... not strong view of the event, with profits almost day, almost a ghost in the profits, lower profits almost human. Three nothing negative is that the days de.

Mo is not only that, as between large and small countries have equal status, not the phase of attack, but also to achieve reciprocity, and "thinking outside the ring bead, to employ flexible neighbors. Princes of the inJustice of fashion men, and the border Jiabing not to carry on.

From the current state of fundamental rights in international law point of view, the right to equality is a fundamental right of countries enacted .1945 <Charter>>, the second is to provide Member States should comply with the principles of the United Nations. Here first put forward The most important principles of international law: "First, the Organization is based on the principle of sovereign equality of Member States."} The United Nations International Law Commission in 1947 proposed <"State declaration of rights and obligations" Draft>, the United Nations General Assembly in 1949 12 Through May 6. the <declaration "Draft> in the four countries provided basic rights, equal rights to one of them:" States and with other countries the right to equality in law. "United Nations General Assembly unanimously adopted in 1970, the < Declaration on Principles of International Law>>, announced the seven principles. its article VI: "6. States principle of sovereign equality."
From the existing international relations, peace and development are the theme of the times, regardless of size and power between rich and poor countries, have equal status and rights. Mozi that "today no size under the State of Yap are the world" "the strong should not weak, the rich do not insult the poor" ideology of equality, of course, is very time value.

Fourth, "non-offensive" - ​​against the inJustice of war and the idea of ​​collective assistance
Mozi's legal thinking in the "non-offensive" against the war, its main doctrine. But he is not opposed to all wars, "nonviolence" or so-called "pacifists." Mozi "non-offensive," the point is "militant power" of the attack the predatory war launched by that unjust war. The war has not only abandoned agricultural production, the people suffered cold and hunger among the people and harm to the country and the people of enormous disaster. Mozi Day :
"Into the ditch habitat, mow the He Jia, cut the trees, remnant of its castle, the royal pool of the ditch, the burning of the temple, killing their livestock Wenquan throw into confusion. ... People who are doing the pull of the grid, while those without cell operating system to return. husband thought extravagant servant prince Yu Xu, the woman that Chung Emirates. "[25] a subject the ZTE division, the gentleman common people also, and will be thousands, only hundreds of thousands of times, and then carry on moving enough teachers. those few years old, who fast for several months, is too busy to listen to the government, who subscribed to govern the official, farmers too busy out with farming, weaving pregnant woman too busy spinning. is a national loss and death, and the people are easy to service. But they and their cars Ma strike disadvantages also, slow curtain curtain cover, use the three services, Jiabing the preparation, derived from one-fifth is still in the order of sparse carry on. ... This is not conducive to their people, victims of the world heavy carry on. "Mozi listing the belligerent powers to wage war guilt sufficient to show that Mo is strongly opposed to this unjust war. For this unjust war, in addition to a reprimand Mo the same time, this idea will be put into practical action that led the disciples to participate in the war of self-defense of small countries. "Gong Shu Chu made for the ladders of the machinery, will attack Song. Mozi heard of, starting in Peru, the line ten days and ten nights The Ying." in order to prevent the war in person . When using words still can not stop this war, and the intention has been to understand Gong Shu, Mo Tzu explicitly told, "However, PCT Robinson disciples such as poultry slip Robinson at Defense hundred people holding the device, but to be in the Sung Dynasty Village Chu Kou carry on. Although the murdered, not must have. "
Mo clearly understand the scourge of one of the country is "Mo neighbors neighboring countries to save the environment." [28] Therefore, the small country to "thinking outside the ring bead, to employ flexible neighbors," Hero to pay more than princes " . [2 women so, in the Fuda Guo unjust war waged in order to mutual aid among small countries, unite together to resist.

"Big country attacking a small state, then with the help of the castle of the incomplete} is also a small country, will make repair of the grain of the fabric must}, the Committee of: Bibo, then the total of it."
"Princes of the rescue have neighbors."
Therefore, the treatment of unjust war, Mozi's opposition not only in words but also with concrete actions to stop it. But also to actively promote small countries to defend themselves must work together, so as to have the strength to defeat great powers of aggression. As for just war, Mozi was strongly advocated the use of force: "The reason levy Yu Miao, ... why punish Jie Tang '.. why punish Zhou Wu Wang *' ..- so-called attack is also non-beta 4, the so-called implicated also.

From the look of contemporary international law, "not to use force or threat of force" and "collective assistance", is the United Nations and Member States, the two principles of action. <<Charter>> explicitly declared, "to ensure that the common interest, not to use force. "All Members shall refrain in their international relations from the threat or use of force, force, or the purposes of the United Nations does not meet any other way, against any Member State or the territorial integrity or political independence. "Although there is no direct reference to war, but all the illegal use of force to the threat of armed intervention, armed attack or occupation, are considered illegal and is prohibited. So, of course, also include the prohibition of war and aggression. But ' Charter> not prohibit all use of force, peace and security on the critical act of aggression, the state will have to take individual or collective self-defense rights. In other words, just war, modern international law is to give a legal status. For the just war, the state self-defense, but also to collaborate with other countries to jointly maintain international peace and security. 'Charter> Article 51 provides: "Any United Nations Member States under military attack, the Security Council has taken measures necessary to maintain international peace and security before the present Charter shall prohibit the exercise of individual or collective self-defense rights. "In addition to the provisions of the right of self-defense outside," <Charter> Also, the UN Security Council authorization or action by the use of armed force things legal. as in August 1990 Iraq's invasion of Kuwait, the same year, 29 l1 adopted United Nations Security Council to allow the use of force against Iraq Resolution 678 on January 17 In 1991, the US-led multinational forces in Iraq launched the first Gulf War.

Conclusion
Mo treatment guidelines state relations, although international law in accordance with the modern sense, can not be regarded as the fundamental principles of international law, but this idea for our modern relations between States, is still missing the reference. Not to mention from the spirit and essence of point of view, can not be said and thought in modern international law there is no analogy between. Therefore, the author cited in this well-known international jurist of the late Mr. Wang Tieya passage works as a conclusion: "Today, the memories and the hash (Hershey) in the passage from the twenties or meaningful. He reviews the Indian scholar Davis million Natta (s.Viswanatha) of the <<ancient Indian law "was Written (InternationalLawinAncientIndia), wrote the book 'that we in the West exposed to a significant amount of knowledge, enough to broaden our horizons and make us realize that many of the world, both East is not new, or that is not only the European or Western. "Links to free papers download http://www.hi138.com