ARTICLE 36 OF THE VIENNA CONVENTION ON CONSULAR RELATIONS: THE INTERNATIONAL COURT OF JUSTICE IN MEXICO V. UNITED STATES (AVENA) SPEAKS EMPHATICALLY TO THE SUPREME COURT OF THE UNITED STATES ABOUT THE FUNDAMENTAL NATURE OF THE RIGHT TO CONSUL

From: Georgetown Journal of International Law | Date: October 1, 2004| Author: Kadish, Mark J | Copyright information

I. INTRODUCTION

On November 17, 2003, the Supreme Court of the United States denied certiorari in the Tenth Circuit case of Torres v. Mullin, thereby rejecting an opportunity to review the scope of Article 36 of the Vienna Convention on Consular Relations, an international treaty providing foreign detainees with access to consul, to which the United States is a party.1 Less than a month later, the Supreme Court denied certiorari in two related cases from the Eighth Circuit on the ident...

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