The Vienna Convention on Consular Relations: A Study of Rights, Wrongs, and Remedies

This Article reviews U.S. compliance with the Vienna Convention on Consular Relations and the ability of foreign governments to seek redress for treaty violations in federal courts. The Vienna Convention requires signatory states to notify detained foreign nationals of their right to consular access. While the United States has sought to ensure that foreign governments comply with the provisions of the Vienna Convention when they detain U.S. citizens abroad, it has failed to ensure that foreign nationals are provided with comparable protection when they are detained in the United States. The Author examines several cases in which both foreign nationals and foreign governments have sought redress for violations of the Vienna Convention in federal courts.

Specifically, the Author focuses on the ability of foreign governments to enforce treaty obligations in U.S. courts. The Author considers when the United States is required to comply with treaty obligations, whether a foreign government can seek redress for treaty violations in federal courts, and what remedies are available for such violations. Finally, the Author makes several recommendations to improve U.S. compliance with the Vienna Convention as well as with other consular agreements.