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Vol 21 No 11 Nov/Dec 2016

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The Law of Consular Access: A Documentary Guide (eBook)


ISBN13: 9781135238711
Published: October 2009
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: eBook (ePub)
Price: £25.00 + £5.00 VAT
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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.

Subjects:
Public International Law, eBooks
Contents:
1. Overview of consular access
2. Consular access litigation in the International Court of Justice
3. Consular access litigation in the Inter-American system
4. Consular access litigation in national courts
5. Role of consuls in assisting a national
6. A right to protect one’s nationals
7. An obligation to protect one’s nationals
8. Automatic notification provisions in bilateral treaties
9. Consular access as an individual right
10. Incorporation of the right into domestic law
11. Timing of consular access
12. Confidentiality of consular communication
13. Protests by a sending state for violation
14. Protests by states other than the sending state
15. Judicial remedy in the receiving state
16. Procedural default as a reason to deny a remedy
17. Consular access as an aspect of due process of law
18. Intervention by a sending state in national courts
19. Whether prejudice need to shown for a judicial remedy
20. suppression of statements or material evidence as a remedy
21. Civil remedy against a receiving state