摘要
新冠肺炎疫情暴发以来,中国政府采取的疫情防控措施也适用于驻华外交领事人员。从国际法上外交领事特权与豁免规则的条文含义、其编纂历史和相关国际实践看,中国政府采取的疫情防控措施适用于驻华外交领事人员,平衡兼顾了外交领事特权与豁免和维护公共卫生安全,相关措施合理合法。2020年7月21日,美国突然要求中国72小时内关闭驻休斯敦总领馆。根据相关外交领事法规则及普遍国际实践,美方强行要求中方限时闭馆,闭馆后合理期限内拒绝给予领馆特权与豁免,并不顾中方意愿径行接管馆舍,这三个方面均严重违反国际法,中方采取对等反制措施具有充分的法律依据。
Since the COVID-19 outbreak, the Chinese government have adopted various prevention and control measures which are also applicable to the diplomatic and consular officers accredited to China. In the light of plain meaning of the rules of international law concerning diplomatic and consular privileges and immunities, their codification history, and related international practices, those measures taken by the Chinese government strike a balance between the privileges and immunities on the one hand, and related public health considerations on the other hand. The measures are thus reasonable and lawful. On July 21 th 2020, US abruptly forced China to close its Consulate General in Houston on a short notice of 72 hours. Pursuant to the rules and widespread state practices on diplomatic and consular law, the arbitrary and unreasonable short notice of US demand to close the consulate, the denial of privileges and immunities of the consulate even within the reasonable time after closure, and the taking into custody by US of the premises of the consulate with no regard to the will of China are all grave violations of international law. Chinese side has more than ample legal grounds to take reciprocal countermeasures.
出处
《国际法研究》
CSSCI
2021年第1期16-34,共19页
Chinese Review of International Law
关键词
外交领事特权与豁免
新冠肺炎疫情
疫情防控措施
关闭领事馆
对等原则
Diplomatic and Consular Privileges and Immunities
COVID-19 Pandemic
Prevention and Control Measures
Closure of Consular Post
Principle of Reciprocity
