外交科学大纲互惠非歧视待遇关系中报复政治庇护原则本质对等.pdfVIP

Outline ⚫ Reciprocity and non-discriminatory treatment ⚫ Retaliation in relations between states ⚫ Political asylum and diplomatic asylum Reciprocity and non- discriminatory treatment ⚫ The essence of the pr iple of reciprocity is parity whi eans: if party A gives favor to party B, party B will return the same favor to party A ⚫ ‘equality and mutual benefit’ Reciprocity and non- discriminatory treatment ⚫ Joint communiques on the establishment of diplomatic relations contain a clause concerning the assistance to be provided mutually on the basis of reciprocity for establishing the embassies in their respective capitals ⚫ Consular posts, their seats, classification and district should all be fixed on reciprocal terms Reciprocity and non- discriminatory treatment ⚫ The problem of discriminatory treatment is the relations of either party with a third party ⚫ If A and B agree to grant each other a specific preferential treatment, should the same treatment be given to C? Reciprocity and non- discriminatory treatment ⚫ Article 47 ⚫ 1. In the application of the provisions of the present Convention, the receiving State shall not discriminate as between States. ⚫ 2.However, discrimination shall not be regarded as taking ce: Reciprocity and non- discriminatory treatment ⚫ (a) Where the receiving State applies any of the provisions of the present Convention restrictively because of a restrictive application of that provision to its mission in the sending State; ⚫ (b) Where by custom or agreement States extend to each other more favorable treatment than is required by the provisions of the present Convention. Retaliation in relations between states ⚫ Retaliation of different natures in our times ⚫ Retaliation hina’s foreign relations ⚫ Diplomatic retaliation and retortion ⚫ Is