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 a matter 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.
Alberto R. Gonzales and Amy L. Moore,
No Right at All: Putting Consular Notification in its Rightful Place After Medellin,
66 Fla. L. Rev.
Available at: http://scholarship.law.ufl.edu/flr/vol66/iss2/3