The development of the humanization of international law has driven innovations in consular law.Consular treaties traditionally governing consular relations among states have begun to incorporate provisions for the pr...The development of the humanization of international law has driven innovations in consular law.Consular treaties traditionally governing consular relations among states have begun to incorporate provisions for the protection of individual rights.Article 36(1)of the Vienna Convention on Consular Relations is seen as a“rights-empowering”clause,endowing consular notification with dual rights attributes and obligations and triggering consular assistance and protection mechanisms.Bilateral consular practices of states have also led to the customary implementation of mandatory notification duties,with consular notification evolving into a widespread state practice.Human rights documents,represented by the core United Nations human rights treaties,have gradually incorporated consular notification provisions,further reinforcing its procedural value in the human rights law implementation mechanism.In death penalty cases,international human rights bodies have promoted the human rights enhancement of“consular access”through consular notification,with specific recommendations and information-sharing mechanisms that will significantly advance the human rights enhancement process of consular notification.展开更多
This article explains reasons from the consular perspective why people to people exchange between China and India is not so active. Review of evolution of bilateral consular relations reveals that the basis of cross...This article explains reasons from the consular perspective why people to people exchange between China and India is not so active. Review of evolution of bilateral consular relations reveals that the basis of cross border personnel exchanges is weak with the closing of consulates of both countries in each other’s territory for nearly three decades. Relatively, small number of Chinese and Indian consular posts in each other’s territory means inconvenience for citizens to apply for visa for visiting the other and seeking consular assistance and protection. Inflexible visa policy of both countries toward citizens of the other party also accounts for the none-activeness. Considering the important role played by civilian exchange in advancing bilateral relations, China and India should establish more consular posts in each other’s territory and further relax visa requirements.展开更多
基金“Research on Improving China’s Consular Protection System”(Project Approval Number 20&ZD206),a major research project supported by the National Social Science Fund of China.
文摘The development of the humanization of international law has driven innovations in consular law.Consular treaties traditionally governing consular relations among states have begun to incorporate provisions for the protection of individual rights.Article 36(1)of the Vienna Convention on Consular Relations is seen as a“rights-empowering”clause,endowing consular notification with dual rights attributes and obligations and triggering consular assistance and protection mechanisms.Bilateral consular practices of states have also led to the customary implementation of mandatory notification duties,with consular notification evolving into a widespread state practice.Human rights documents,represented by the core United Nations human rights treaties,have gradually incorporated consular notification provisions,further reinforcing its procedural value in the human rights law implementation mechanism.In death penalty cases,international human rights bodies have promoted the human rights enhancement of“consular access”through consular notification,with specific recommendations and information-sharing mechanisms that will significantly advance the human rights enhancement process of consular notification.
基金This article is part of a Research Project funded by China National Social Science Foundation entitled Improvement of China’s Consular Service under the Initiative of OBOR（16BGJ015）.
文摘This article explains reasons from the consular perspective why people to people exchange between China and India is not so active. Review of evolution of bilateral consular relations reveals that the basis of cross border personnel exchanges is weak with the closing of consulates of both countries in each other’s territory for nearly three decades. Relatively, small number of Chinese and Indian consular posts in each other’s territory means inconvenience for citizens to apply for visa for visiting the other and seeking consular assistance and protection. Inflexible visa policy of both countries toward citizens of the other party also accounts for the none-activeness. Considering the important role played by civilian exchange in advancing bilateral relations, China and India should establish more consular posts in each other’s territory and further relax visa requirements.
