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References in periodicals archive ?
Supreme Court case, a group of thirteen Latin-American states filed a brief seeking a judicial remedy for a consular access violation. (59) In the same case, the European Union filed such a brief that was backed not only by its then twenty-five member states, but also by an additional twenty-one other European states.
courts on how to deal with a consular access violation, that "[t]he right of an individual to communicate with his consular officials is derivative of the sending state's right to extend consular protection to its nationals," and therefore the VCCR does not establish "rights of individuals." (63)
position on remedies for a consular access violation. In international law, whenever a state violates a right, a remedy is required.
Although the argument pressed most strongly by the United States at the international level to refute any remedy for a consular access violation was, as indicated, that VCCR Article 36 provided no right to the individual, the U.S.
Referring to the proposition in international law that a wrongful act calls for a remedy, it said that rights of the individual were involved and that "review and reconsideration" must be given to the conviction and sentence in light of the consular access violation. (87)
(88) The ICJ rejected that argument, saying that if a court were presented with a claim of a consular access violation, it must entertain the claim.
Since implementation of a treaty by other states is one technique of determining a treaty's meaning, the Department of State sought to demonstrate that other states fail to provide judicial remedies for a consular access violation to bolster its position.
At the drafting conference, Soviet-bloc states argued unsuccessfully against a judicial remedy in the event of a consular access violation. (129)
While it might be swayed in decisions on consular access violations by the enormity of the punishment, the ICJ was careful in Arena to say that its jurisdiction was limited to the VCCR, which led it to decline Mexico's invitation to analyze a consular access violation as a human rights issue.
Quite the reverse, the United States remains an outlier on the issue of the consequences of a consular access violation.
Welch says harvesters must also act as "OPP officers in the woods" because they must record access violations to the MNR, a job he believes should not fall on his shoulders.
John Kuglin, Associated Press bureau chief in Helena, Montana, and chair of Montana's FOI Hotline, said the state's lack of penalties for access violations places a premium on the ability to negotiate, rather than mandate access to records and meetings despite clear statutory directives.