Song Jie: The Embassy of the Interoperability Avoid Sino -US relations.

On July 21, the United States suddenly asked China to close the Consulate General in Houston within 72 hours.Suddenly requesting the closure of the Consulate General itself is not normal, coupled with the 72 -hour requirements, this requirement is even more excessive and arbitrary.

Regarding the actions of the United States, a spokesman for the Chinese Ministry of Foreign Affairs stated that this is a political provocation initiated by the United States to China, which seriously violates the basic criteria of international law and international relations.Very unreasonable.China has strong condemnation.China urges the United States to immediately revoke the error decision.Otherwise, China will definitely make legitimate and necessary reactions.China has returned to teeth and notified the United States to close the Consulate General in Chengdu on the morning of July 24.

The caliber of the US spokesman is: the United States is to protect its intellectual property and private information.

How should we look at the unilateral closure of such a unilateral closure from law?In other words, how should the behavior of closing other consulates unilaterally be evaluated in international law?

Because China and the United States are signed by the Convention on the Consular Relations of the Vienna, from the perspective of the Convention here to simply analyze and comment on the legal nature of this unilateral shutdown behavior.

Judging from the provisions of the Vienna Consular Relations Convention, there is no explicit regulations involving such unilateral closed behavior, and the Convention only involves the establishment of the consulate.Article 2) of the Convention stipulates that the establishment of the consular relationship between the state and the state is based on the agreement.In other words, if a country must set up a consulate in another country, we must accept the consent of the country.Only on the basis of the consent of the two parties can the consulate may be established.

At the same time, consular relations are different from diplomatic relations.The cutting off of diplomatic relations between countries does not necessarily mean that the consular relationship is cut off.Article 2) of the Convention stipulates that it is not of course disconnected from the consular relationship.

The consulate and his consular staff established in another country to enjoy corresponding privileges and exemptions in accordance with the provisions of the Convention.However, while enjoying the corresponding privileges and exemptions, Article 55 of the Convention stipulates that on the one hand, the consulates who have privileges and exemptions have the obligation to accept the laws and regulations and do not interfere in the domestic government; on the other hand,, on the other hand,, on the other hand,, on the other handThe consulate is not allowed to make any use in accordance with the duties of the executive consular.

Once a violation occurs, the consulate personnel will be announced by state -owned power to announce that it is an unacceptable person or unacceptable, which is clearly stipulated by the Convention.For the consulate, once it is used as an insufficient use of the duties of the executive consular, although the Convention does not explicitly stipulates that the specific response measures that the country can take, it seems that the exercise of the corresponding tailoring power is given to the acceptance country.Therefore, accepting measures including state -owned power, including closing, did not seem to be contrary to the Convention, and the convention could not be prohibited.

Therefore, from the perspective of the Convention, regardless of the reason, the unilateral closure of the consulate in the United States does not violate the obligations of international law it. It is difficult to say that this behavior is illegal.

However, this closure of such a closure of the United States obviously cannot only stay at the evaluation of international law.Considering the importance of the embassy and consulate for the relationship between national relations, we need to further comment from its impact on international relations.

Whether it is a embassy or a consulate, it is an important link and channel for normal relations between the country.Considering the complex and difficult situation of Sino -US relations, the normal maintenance and existence of the embassy and consulates is obviously very important to ensure the stability of Sino -US relations.

In this context, without any discussion or notification with China, the behavior that is unilaterally closed is extremely important: Sino -US relations have reached a critical point, and they have become extremely fragile and unstable.After that, the accidental or wind of any party may cause Sino -US relations to completely break down.Or, in the words of some scholars, Sino -US relations are originally in the process of decoupling; after that, it may quickly move towards derailment.

Sino -US relations are self -evident to China.Regardless of whether Sino -US relations are decoupled or derailed, the blow to China will far exceed the blow to the United States.It is precisely in this sense that China is needed to be awake: no matter how difficult Sino -US relations encounters in development, you must find a constructive look, and you must not be abducted by emotions.Once Sino -US relations are completely cracked and how much China benefits from globalization, it may be possible to lose again.This is by no means alarmist.

In particular, the current Sino -US relations belong to the emotional response of the United States: on the one hand, it is the total outbreak of emotions in long -term hatred, and on the other hand, it is the pressure of re -election in the president.For China, it is clear that their national interests cannot be placed on the basis of equal emotional response.

Therefore, for the United States' unilateral closure of the consulate in the United States, China is mostly angry that the most need to do is calm down as soon as possible. We must find a way to strengthen the communication between China and the United States, maintain each other's conversation and exchanges, and do their best.It may reach a certain limit consensus, so that Sino -US relations that are endangered to derail back are back on track as much as possible.

Therefore, in the face of this situation, do not have the idea of peer retaliation. It is the most important thing for the current Sino -US relations.In that case, it may really take Sino -US relations to the endless situation.

(The author is a professor of international law at the School of Law of Zhejiang University of Technology)