No Right at All: Putting Consular Notification in Its Rightful Place after Medellin

34 Pages Posted: 6 May 2014 Last revised: 27 Apr 2017

See all articles by Alberto Gonzales

Alberto Gonzales

Belmont University - College of Law

Amy Moore

Belmont University - College of Law

Date Written: Forthcoming Summer 2014

Abstract

This Article covers the history of consular notification and presentation in the U.S. federal and state courts and in the International Court of Justice. Article 36 of the Vienna Convention on Consular Relations provides that nation-states should notify detained foreign nationals of their right to contact their consulate about their detention. This Article argues that the U.S. Supreme Court, as matters of institutional responsibility and judicial economy, should have concluded that the Vienna Convention on Consular Relations does not contain an enforceable individual right. Moreover, no analog for this right has been found in American jurisprudence.

Keywords: international law, consular relations

Suggested Citation

Gonzales, Alberto and Moore, Amy, No Right at All: Putting Consular Notification in Its Rightful Place after Medellin (Forthcoming Summer 2014). Florida Law Review, Forthcoming; Belmont University College of Law Research Paper No. 2014-04. Available at SSRN: https://ssrn.com/abstract=2433092

Alberto Gonzales

Belmont University - College of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States

Amy Moore (Contact Author)

Belmont University - College of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States

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