论领事保护中的“领事通知权”-国际法专业论文.docxVIP

II II 制，对于因违反领事通知权受到权利损害的当事人予以实质救济；再次，监督环 节上对于海外领保工作人员的不作为加强问责，从立法到行政角度将领事通知制 度落到实处，这对于丰富我国领事保护工作的理论和实践具有重要的意义。 作为一个拥有悠久历史的外交大国和强国，加强领事保护理论和实践无论对 国家形象和保护海外公民合法权益都是十分必要的。相信通过即将出台的领事关 系法和一系列司法解释，从制度上进行建构并完善，才能使得我国的领事保护工 作满足日益增长的领保需求。 关键词：《维也纳领事关系公约》第 36 条 领事通知权 领事保护 “自动执行”原则 PAGE PAGE IV Abstract With the deepness of international communication, there are higher needs for sovereign state which consular protection should be more diversified, thus the legislations and practical operation of consular protection put forward higher requirements. The research on consular notification right in China has just started. The consular notification right originate from article 36 in Vienna Convention on Consular Relations (VCCR). Through analyzing three typical decisions of International Court of Justice (ICJ) in“Breard”Case “, Lagrand”Case and“Avena” Case,ICJ has changed the point on consular notification right. In “Breard”Case ,ICJ had not admitted the right include personal right, but in “Lagrand”Case ICJ held that the United States has violated the consular notification right of Article 36 in VCCR which ruled that police officers must inform arrested foreign nationals of their right to contact their embassy or consulate for legal assistance, and arrested foreigners can then request that police contact their embassy or consulate. And in “Avena”Case, ICJ pointed out there should be substantial remedy for the party who suffered in the case, which reflects the impression of personnel theory to traditional international law. After near fifty years, the meaning of consular notification right that should conclude two parts, which means appropriate authorities within the receiving State must inform him “without delay” of his right to have his native country’s local consular office notified of his detention and inform the consular office of sending state “without delay”. But in practice, to protective of national interests un-neutrally, many countries admit violatin