Trends and Trials: The Implementation of Consular Rights a Decade After <i>LaGrand</i>

Carsten Hoppe

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI:
Trends and Trials: The Implementation of Consular Rights a Decade After LaGrand

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Article 36 of the 1963 Vienna Convention on Consular Relations the right to be informed of one's right to contact one's consulate and the related duty to notify the respective consulate have come a long way. A decade after the International Court of Justice (ICJ) decided the LaGrand case, Article 36 has finally made it into the mainstream, and has become interesting. This also illustrates that it is time to take stock of a development that, with major involvement of Bruno Simma, brought Article 36 from relative obscurity to the forefront of public attention, with three cases brought before the ICJ, four decisions of the United States (US) Supreme Court, several decisions of other domestic high courts, and countless lower court decisions addressing the subject. This chapter sets out to draw a few lessons from the seemingly never-ending story of violation, interpretation, and (non-)enforcement of Article 36 rights as it still evolves, with a view to assessing in which ways the story could still be influenced in favour of those who find themselves arrested or detained as strangers in a strange land.

Keywords: Article 36; Vienna Convention on Consular Relations; human rights; consulate

Chapter.  8336 words. 

Subjects: Public International Law

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