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7 Chi.-Kent J. Int'l & Comp. L. 1 (2007)

handle is hein.journals/chkjicl7 and id is 1 raw text is: THE VIENNA CONVENTION ON CONSULAR RELATIONS: AFTER THE FEDERAL COURTS' ABDICATION, WILL STATE COURTS FTLL IN THE BREACH? By Asa Markel* I. INTRODUCTION Twice in the past two years the United States Supreme Court has confronted two issues concerning the Vienna Convention on Consular Relations' (VCCR): compliance of state law enforcement officials with the VCCR and the tension between state criminal procedural rules and the VCCR. At least four cases heard by the Court since 1998 have involved alleged violations of the VCCR by state officials; two of which involved claims brought by foreign governments. Additionally, all four cases of alleged violations found their way into three separate suits by three different foreign governments against the United States in the International Court of Justice (ICJ). One of the first American appellate decisions on the subject expressed disenchantment with state officials' conduct in violating the VCCR, observing that [t]here are disturbing implications in that conduct for larger interests of the United States and its citizens.2 However, the Supreme Court's latest decision, Sanchez-Llamas v. Oregon,3 does very little to counter these disturbing implications. In light of the Court's most recent decision on the subject, this article seeks to summarize the current domestic legal status and availability of the right of a foreign national under international law, as embodied in Article 36 of the VCCR, to be advised * Attorney and solicitor with the law finn of Shorall McGoldrick Brinkmann (J.D., University of Arizona). 1 Apr. 24, 1963, 21 U.S.T. 77, 596 U.N.T.S. 261, 1973 Gr. Brit. T.S. No. 14 (Cmnd. 5219), J.O. Apr. 18, 1971, 1971 Recueil des trait6s, No. 34 (Fr.) [hereinafter VCCR]. 2 Rep. of Para. v. Allen, 134 F.3d 622, 629 (4th Cir. 1998). 3 126 S. Ct. 2669 (2006). 7 Chi-Kent J. Int'l & Comp. Law 1

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