JFK's Legacy Regarding Consular Relations Law

Abstract:     
Several Incidents involving the arrest and detention of U.S. citizens by the U.S.S.R. during the 1960s led the administration of John F. Kennedy to become concerned about the need for better international agreements on consular access to detained foreign nationals. Both the multilateral Vienna Convention on Consular Relations and the bilateral U.S.- U.S.S.R. Consular Convention were negotiated during President John F. Kennedy’s time in office. As a result, the Kennedy Administration had a lasting impact on the development of the law of consular relations. This article provides background on the drafting of the VCCR and highlights some of the issues that presented the most difficulties during the negotiations. It also provides some comparisons between the VCCR and the bilateral U.S.- U.S.S.R. Consular Convention. It then discusses the continuing importance of consular treaties today, with a particular focus on the issue of consular notification. Finally, the article highlights areas of legal uncertainty with respect to consular notification that are currently being litigated in U.S. courts or which are likely to be resolved through litigation in the future.

Keywords: Consular relations law, consular notification, Vienna Convention on Consular Relations, President John F. Kennedy

Accepted Paper Series