The law of consular access : a documentary guide
Author(s)
Bibliographic Information
The law of consular access : a documentary guide
(Routledge research in international law)
Routledge, 2011
- : pbk
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Bibliography: p. [288]-294
Includes index
Description and Table of Contents
Description
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.
Table of Contents
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
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