| In the early 2020 s,the new crown pneumonia epidemic(COVID-19)swept the world,making international cooperation an important trend and even an integral part of the development of consular protection as countries became interdependent and closely linked.International cooperation in consular protection is being practised consciously by all countries,and various practices of international cooperation mechanisms for consular protection have emerged as a result.In order to analyse the problems of cooperation mechanisms,the types of international cooperation mechanisms for consular protection are classified on the basis of the number of countries involved in international cooperation for consular protection: bilateral cooperation,i.e.the practice of international cooperation for consular protection in which the sending country and the receiving country are the main participants;tripartite cooperation,i.e.the practice of international cooperation in which the sending country,the receiving country and a third country are the main participants and the consular protection is carried out on behalf of the third country.Regional cooperation,i.e.the practice of international cooperation in consular protection with regional organisations as the mainstay.The three typical practices of international cooperation in consular protection serve as a model for the development of international cooperation in consular protection for all countries.From the perspective of international law,there are shortcomings in all three typical practices.In order to promote and improve international cooperation in consular protection,it is imperative to find a solution.This paper consists of four chapters.Chapter one introduces the development of international cooperation mechanisms for consular protection and its problems.The first section of this chapter discusses the origins of consular protection,defines and clarifies consular protection and international cooperation mechanisms for consular protection,and briefly introduces international cooperation mechanisms for consular protection including common international modes of conduct,principles,rules and process procedures for coordinating international cooperation.In order to analyse the problems of cooperation mechanisms,the types of international cooperation mechanisms for consular protection are categorised on the basis of the number of countries involved in international cooperation for consular protection,in order to discuss the dilemma of international law under bilateral cooperation,tripartite cooperation and regional cooperation-the inadequacy of the legal regime for consular protection and the uncertainty of the effectiveness of consular functions in multi-party cooperation.Chapter two analyses the first problem of the practical mechanism of international cooperation in consular protection-the legal system of consular protection is not yet sound.One of them is the lack of special legislation on consular protection.The existing international legal regime for consular protection mainly consists of the Convention on Consular Relations and the Convention on Diplomatic Relations,but the Convention on Consular Relations has not yet explicitly mentioned consular protection,while the Convention on Diplomatic Relations also applies consular protection conditionally,thus consular protection lacks a clear basis in international law and there is no specific legislation.Secondly,bilateral treaty practice is not yet mature.The number of existing bilateral treaties on consular protection is relatively small,making it difficult to meet demand.Thirdly,regional cooperation has impacted on the existing framework of international rules on consular protection.The regional consular protection system established by the EU and ASEAN can be called the "common consular protection system".On the one hand,the Convention on Consular Relations,which takes the state as the unit of consular protection,does not provide for the establishment of common consular protection by relevant regional organisations;on the other hand,the effectiveness of the common consular protection system in relation to third countries has yet to be determined under the Convention on Consular Relations.Chapter three analyses the second problem of the practical mechanism of international cooperation in consular protection,namely the uncertainty of the effectiveness of the act of multi-party cooperation in consular functions.First,the uncertainty of the consular functions of bilateral cooperation,article 28 of the Convention on Consular Relations provides that "the receiving State shall accord full facilities to the consul of the sending State for the performance of his functions." The term "facilities" is ambiguous and there is thus uncertainty as to the content of the consular function.Secondly,the validity of the consular acts of tripartite cooperation is difficult to define,and the consular protection acts performed on behalf of a third country for the protecting country may lack a clear treaty basis,leaving the identity,conduct and responsibility of the protecting country and the third country for consular protection in a situation of uncertainty,affecting the rights and interests of the citizens of the sending country and the consular resources of each country.Chapter four provides a path to improve international cooperation mechanisms for consular protection.The first section of this chapter proposes that international legislation on international cooperation in consular protection should be improved.Firstly,in order to meet the practical needs of consular protection and its international cooperation,the Convention on Consular Relations should be revised and special legislation in the field of international law on consular protection should be called for.Secondly,the provisions on consular protection in bilateral treaties should be improved and the Convention on Consular Relations should be amended to apply a balance between territorial jurisdiction and personal jurisdiction.The second section of this chapter proposes to clarify the boundaries of bilateral cooperation in the performance of functions,with the negative boundary of "the receiving State granting the sending State consular facilities for the performance of its functions" being "the receiving State shall not create obstacles or inconveniences" and the positive boundary being "the receiving State shall not impose any obstacles or inconveniences".The positive boundary should be "treatment of nationals",the law of the authorities of the receiving State and the reciprocity of "rights and obligations".The third section of this chapter sets out the basis and options for improving multi-party cooperation.The Convention on Consular Relations should be improved in accordance with existing practice,giving legitimacy to a common consular protection system for regional organisations and establishing a mechanism for consular protection in major global emergencies.In terms of specific procedures,the procedures for international cooperation mechanisms for consular protection should be determined by the permanent organisations of regional organisations,or a unified procedure for cooperation mechanisms should be established.Section IV of this chapter proposes that China should also promote domestic legislation on international cooperation in consular protection and actively participate in international legislation on international cooperation in consular protection. |
