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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Trends and Trials: The Implementation of Consular Rights a Decade After LaGrand

Trends and Trials: The Implementation of Consular Rights a Decade After LaGrand

(p.944) Trends and Trials: The Implementation of Consular Rights a Decade After LaGrand
From Bilateralism to Community Interest

Carsten Hoppe

Oxford University Press

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

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