Treaties - Vienna Convention on Consular Relations - U.S.-Paraguay Treaty of Friendship - consular access to detained nationals - private right of action - Eleventh Amendment - International Court of Justice - provisional measures

Article Abstract:

The US Supreme Court decided that under the Eleventh Amendment state courts can interpret international treaties in their jurisdiction. The decision came in a case involving a request by Paraguay to stay an execution for a Paraguayan native who was convicted in Virginia for murder. The prisoner was not advised of his rights to contact consul under the Vienna Convention. The Supreme Court denied the stay. The Court's position is treaties must state which international rights can be recognized in federal court.

Cases, Powers and duties, State courts, international, Right of action

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Treaties - Vienna Convention on Consular Relations - consular access to detained nationals - habeas corpus - Antiterrorism and Effective Death Penalty Act of 1996

Article Abstract:

The US 4th Circuit Court of Appeals decided in 1997 against an imprisoned Mexican national who claimed his right to contact a Mexican consular under the Vienna Convention on Consular Relations was violated. The decision violates the prisoner's constitutional habeas corpus rights. The decision also undermines the Vienna Convention's intention to allow prisoners access to cultural representation and a foreign country's right to monitor citizens abroad.

Habeas corpus

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Individual rights under Vienna Convention on Consular Relations - duty to inform detained foreign nationals of right to seek consular assistance - protections against arbitrary deprivation of life - advisory jurisdiction of Inter-American Court of Human Rights

Article Abstract:

The author discusses the Inter-American Court of Human Right's decision in In re Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law and the court's interpretation of the Vienna Convention on Consular Relations.

International, Civil rights

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