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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