ABSTRACT

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.

part |2 pages

Part I Introduction to consular access

chapter 1|13 pages

Overview of consular access

chapter 2|15 pages

Role of consuls in assisting a national

part |2 pages

Part II Consular access obligations of a receiving state

chapter 4|8 pages

Individuals who must be advised

chapter 5|12 pages

Timing of consular access

chapter 6|5 pages

Confidentiality of communication

part |2 pages

Part III The rights of a foreign national

part |2 pages

Part IV Consular access in domestic law

chapter 12|4 pages

Incorporation into domestic law

chapter 13|8 pages

Subsidiary regulation and legislation

chapter 14|9 pages

Availability of a judicial remedy

chapter 15|9 pages

Domestic effect of international decisions

part |2 pages

Part V Remedies at the domestic level

part |2 pages

Part VI Remedies at the international level

part |2 pages

Part VII An overview of consular access litigation