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The Impact of Human Rights Law on General International Law$
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Menno T. Kamminga and Martin Scheinin

Print publication date: 2009

Print ISBN-13: 9780199565221

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780199565221.001.0001

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Impact on the Right to Consular Notification

Impact on the Right to Consular Notification

Chapter:
(p.171) 9 Impact on the Right to Consular Notification
Source:
The Impact of Human Rights Law on General International Law
Author(s):

Christina M. Cerna

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199565221.003.0009

This chapter explores the issue of the right to consular notification, set forth in Article 36 of the Vienna Convention on Consular Relations (Vienna Convention). The differing considerations of this right by the International Court of Justice (ICJ) and the Inter-American Court of Human Rights (Inter-American Court) provide material for a case study of the impact of international human rights law on general international law, to gauge what some have termed the ‘humanization’ of general international law. The ICJ judgments, when contrasted with the advisory opinion of the Inter-American Court, also provide an interesting case study on the results of a multiplicity of international jurisdictions dealing with the same facts.

Keywords:   Vienna Convention, jurisprudence, international human rights law, International Court of Justice, Inter-American Court

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