Analysis of the principle of non-interference in the internal affairs of states in international law: the case study of Bangladesh


Thesis Type: Doctorate

Institution Of The Thesis: Bursa Uludağ University, Sosyal Bilimler Enstitüsü, Turkey

Approval Date: 2021

Thesis Language: Turkish

Student: Abu Saleh MD Mahmudul Hasan

Supervisor: SERCAN REÇBER

Abstract:

The theory of state sovereignty is one of the main principles of international law. It is also among the most controversial issues within the framework of international law and inter-state relations. Nowadays, there are many debates over the classical understanding of sovereignty. The impacts of the globalization process, the development of international law and similar causes have led to a change in the classical sense of sovereignty. However, despite the discussed changes, it is claimed that some of the basic principles of the theory are preserved. Among these fundamental principles of state sovereignty theory, the principle of sovereign equality of states and the principle of non-interference in the internal affairs of states constitutes an important place in international law. The principle of non-interference in the internal affairs of states is inclusive and includes the concepts of "prohibition of intervention" and "non-interference". The prohibition of intervention includes elements such as direct armed conflicts and war, while non-interference includes mild, non-war, or indirect interference elements. There are many variations in interference events in the modern or globalization era. For the reasons arising from this, there are no definitive lines as to which actions would constitute a prohibited interference. For such reasons, there are different problems arise regarding the scope and nature of the principle of non-interference. Taking into account of these points, it is aimed in this research to legally examine the principle of non-interference. As a result of the analyses carried out within the framework of the legal basis of the principle, an effort was made to draw a line on the scope and nature of the principle of non-interference. Furthermore, as a sovereign state, the interference events or activities in Bangladesh are examined. As a result of these examinations and evaluations, it is revealed in this research on whether the events in Bangladesh qualified to be prohibited interference or not. In addition, the Bangladesh case study will contribute to determine the scope and nature of the principle of noninterference in international law.