The Law of Consular Access : A Documentary Guide

ISBN-13: 9780415483278 / Angielski / Twarda / 2009 / 328 str.

John Quigley;William J. Aceves;Adele Shank

Opis

Over the past decade there has been an explosion of litigation at both international and domestic levels dealing with the issue of consular access for foreign nationals charged with a criminal offence. The issue has exacerbated relations between countries, with the majority of litigation at the international level involving the United States which has adopted a restrictive view of the consular access obligation, over and against the European Union, and Latin American states, which have viewed the obligation more expansively.

This book brings together for the first time all of the relevant documentary sources on the law of consular access. The book includes significant excerpts alongside commentary on the documents in question, allowing readers to draw their own conclusions. As well as containing information on the Vienna Convention on Consular Relations, the book also includes other lesser-known sources, in particular bilateral consular treaties, and multilateral treaties prescribing how states must treat persons it arrests for internationally defined offenses, and. key court cases from various jurisdictions, which are not usually readily accessible to lawyers outside those countries.

The book will be a valuable resource for scholars of international law, international human rights and international relations, private and government lawyers, as well as diplomats and consuls.

Spis treści

Part 1: Introduction to Consular Access  1. Overview of Consular Access  2. Role of Consuls in Assisting a National  Part 2: Consular Access Obligations of a Receiving State  3. Situations Requiring Advice about Consular Access  4. Individuals who must be Advised  5. Timing of Consular Access  6. Confidentiality of Communication  7. Automatic Notification under Bilateral Treaties  Part 3: The Rights of a Foreign National  8. Rights Assertable Against the Receiving State  9. Consular Access as a due Process Right  10. Statutor Right to Sending State Protection  11. Non-Statutory Right to Sending State Protection  Part 4: Consular Access in Domestic Law  12. Incorporation into Domestic Law  13. Subsidiary Regulation and Legislation  14. Availability of a Judicial Remedy  15. Domestic Effect of International Decisions  Part 5: Remedies at the Domestic Level  16. Prejudice as a Prerequisite for a Judicial Remedy  17. Suppression of Evidence as a Judicial Remedy  18. Procedural Default as Barring Remedy  19. Consular Access Violation as Grounds for Sentence Reduction or Clemency  20. Monetary Damages for a Foreign National  21. Intervention in Court by a Sending State  22. Civil Suit by a Sending State  Part 6: Remedies at the International Level  23. Diplomatic Protest by a Sending State  24. Jurisdiction in the International Court of Justice  25. Jurisdiction in Inter-American Human Rights Organs  Part 7: An Overview of Consular Access Litigation  26. Proceedings in the International Court of Justice  27. Proceedings in the Inter-American System

O autorze

John Quigley is the President's Club Professor of Law at the Michael E. Moritz College of Law, the Ohio State University, USA. William J. Aceves is Associate Dean for Academic Affairs and Professor of Law at California Western School of Law, USA. S. Adele Shank is a criminal law practitioner specializing in the defense of capital cases, and has represented the European Union in its amicus briefs to the Supreme Court of the United States, regarding consular access.