국제법상 조약관계에서의 상호주의에 관한 고찰- 1963년 「영사관계에 관한 비엔나협약」에 대한 미국의 실행을 중심으로 -

The reciprocity, serving as a principle of international law, plays an important role in the implementation of international courts' rulings, including ICJ and the treaty obligations, as an agreement between States in the international legal system. It is necessary for all States to recognize the seriousness of the long-term consequences of such violations of their obligations on their own. There are several reasons why each State should faithfully fulfil its obligations in the VCCR and other consular related treaties, one of which is based on reciprocity. Each State should make a comparable effort to foreigners in its own territory in order to ensure that its nationals abroad receive proper treatment. Without such a measure, the foreign government will have no incentive to comply with such obligations. Effective diplomatic and consular relations are essential elements in maintaining a stable relationship between States. Without this effective diplomatic and consular relationship, the political and economic relations between the States cannot be developed properly. Consequently, the proper observance of the VCCR and other consular related treaties becomes an essential issue in the formation of good diplomatic relations. It is clear that States that have signed and duly ratified the VCCR should comply with their obligations under it. To ensure that such obligations under the VCCR are faithfully carried out and complied with, governments must ensure that the provisions laid down in the VCCR and other consular related treaties are implemented. Also, governments need to work with foreign governments to establish procedures to increase the levels of implementation of the VCCR and other related treaties. Finally, law enforcement agencies of each State should take various effective actions to ensure that their obligations to consular notice are properly fulfilled.