Chapter

Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the <i>LaGrand</i> and <i>Avena</i> Cases

Bernardo Sepúlveda-Amor

in From Bilateralism to Community Interest

Published in print March 2011 | ISBN: 9780199588817
Published online May 2011 | e-ISBN: 9780191725272 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588817.003.0068
Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases

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Questions surrounding the rights of States and individuals under the Vienna Convention on Consular Relations (VCCR) have received significant attention from the International Court of Justice (ICJ) over the past two decades. In three cases before the Court, Paraguay, Germany, and Mexico have submitted claims in which they have sought to protect the individual rights of their citizens by applying the international legal principles of diplomatic protection and consular assistance enshrined in the VCCR. Within each of these cases, the Court has adjudged the respect for the rights of States and their nationals when finding that a breach of due process of law has occurred. Through the LaGrand case and the Avena case, respectively, Germany and Mexico have each played critical roles in preserving individual rights guaranteed by the VCCR.

Keywords: Germany; Mexico; Vienna Convention on Consular Relations; State rights; individual rights; diplomatic protection; consular assistance

Chapter.  9761 words. 

Subjects: Public International Law

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