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The Law of Consular Access: A Documentary Guide: Routledge Research in International Law

Autor John Quigley, William J. Aceves, Adele Shank
en Limba Engleză Hardback – 29 sep 2009
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.
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Specificații

ISBN-13: 9780415483278
ISBN-10: 0415483271
Pagini: 326
Dimensiuni: 156 x 234 x 19 mm
Greutate: 0.77 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Routledge Research in International Law

Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate and Undergraduate

Cuprins

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

Recenzii

"In a globalised world, in which foreign citizens are increasingly subject to criminal proceedings in other states and are demanding ever greater levels of protection by their national state, this book offers an indispensable and up to date compendium on the law and practice of consular access." Dr Tim Stephens, University of Sydney, Australia
"In just a few years, the Vienna Convention on Consular Relations has gone from being almost entirely unknown to being the subject of complicated and significant litigation around the world.This book describes the developments that have taken place, collects the most important materials (many of which are hard to find), and offers analysis to guide all those attempting to untangle the VCCR." John Cary Sims, Professor of Law, University of the Pacific, McGeorge School of Law Sacramento, California, USA

Descriere

This book brings together the relevant documentary sources on the law of consular access, with significant excerpts set alongside commentary on the documents. As well as the Vienna Convention on Consular Relations, the book also includes other sources, such as bilateral and multilateral treaties, and key court cases from various jurisdictions.