国家海外利益保护的主体确认及责任重构

Abstract:One of the main tasks of constructing national overseas interest protection mechanism is to identify subjects of responsibility on security provision for cross-border citizens. The traditional pattern of international governance defines host country，home country and citizens as subjects of responsibility. In the era of globalization，however，all these subjects cannot fully exercise their functions：home countries are subject to high material and moral costs，host countries are subject to insufficient cultural resources，high opportunity costs，and legal-culture gaps，and citizens cannot foresee and cope with cross-border security risks properly. In this regard，the home country should redefine its duty to protect cross-border citizens with the host country based on their comparative advantages in security provision and relative gains from cooperation，redefine its duty with citizens based on their relative gains from citizens’ cross-border migration and their capability to perform duties，and press for the international community to employ alternative relief measures to protect cross-border citizens where international norms restrict home countries’ right to self-help.

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