The Law Of Consular Access: A Documentary Guide (routledge Research In International Law)

Over the past decade, there has been an explosion of litigation at the international and domestic levels concerning consular access for foreign nationals charged with a criminal offence. The issue has complicated relations between countries, with the majority of litigation involving the United States, which has adopted a restrictive view of the consular access obligation.This book brings together for the first time relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents, allowing readers to draw their own conclusions. While presenting information on the Vienna Convention on Consular Relations, the book presents other sources, including bilateral consular agreements, multilateral treaties, and key court cases from various jurisdictions. Many of these sources are not readily accessible. __The Law of Consular Access__ will be of interest to scholars of international law, human rights, and international relations. It will also be of interest to private and government lawyers, as well as diplomats and consuls. Overview of consular access -- Role of consuls in assisting a national -- Situations requiring advice about consular access -- Individuals who must be advised -- Timing of consular access -- Confidentiality of communication -- Automatic notification under bilateral treaties -- Rights assertable against the receiving state -- Consular access as a due process right -- Statutory right to sending state protection -- Non-statutory right to sending state protection -- Incorporation into domestic law -- Subsidiary regulation and legislation -- Availability of a judicial remedy -- Domestic effect of international decisions -- Prejudice as a prerequisite for a judicial remedy -- Suppression of evidence as a judicial remedy -- Procedural default as barring a remedy -- Consular access violation as grounds for sentence reduction or clemency -- Monetary damages for a foreign national -- Intervention in court by a sending state -- Civil suit by a sending state -- Diplomatic protest by a sending state -- Jurisdiction in the international court of justice -- Jurisdiction in Inter-American human rights organs -- Proceedings in the international court of justice -- Proceedings in the Inter-American system Over the past decade, there has been an explosion of litigation at the international and domestic levels concerning consular access for foreign nationals charged with a criminal offence. The issue has complicated relations between countries, with the majority of litigation involving the United States, which has adopted a restrictive view of the consular access obligation. This book brings together for the first time relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents, allowing readers to draw their own conclusions. While presenting information on the Vienna Convention on Consular Relations, the book presents other sources, including bilateral consular agreements, multilateral treaties, and key court cases from various jurisdictions. Many of these sources are not readily accessible. The Law of Consular Access will be of interest to scholars of international law, human rights, and international relations. It will also be of interest to private and government lawyers, as well as diplomats and consuls.