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From Bilateralism to Community InterestEssays in Honour of Bruno Simma$
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Ulrich Fastenrath, Rudolf Geiger, Daniel-Erasmus Khan, Andreas Paulus, Sabine von Schorlemer, and Christoph Vedder

Print publication date: 2011

Print ISBN-13: 9780199588817

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199588817.001.0001

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Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases

Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases

Chapter:
(p.1097) Diplomatic and Consular Protection: the Rights of the State and the Rights of the Individual in the LaGrand and Avena Cases
Source:
From Bilateralism to Community Interest
Author(s):

Bernardo Sepúlveda-Amor

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588817.003.0068

Questions surrounding the rights of States and individuals under the Vienna Convention on Consular Relations (VCCR) have received significant attention from the International Court of Justice (ICJ) over the past two decades. In three cases before the Court, Paraguay, Germany, and Mexico have submitted claims in which they have sought to protect the individual rights of their citizens by applying the international legal principles of diplomatic protection and consular assistance enshrined in the VCCR. Within each of these cases, the Court has adjudged the respect for the rights of States and their nationals when finding that a breach of due process of law has occurred. Through the LaGrand case and the Avena case, respectively, Germany and Mexico have each played critical roles in preserving individual rights guaranteed by the VCCR.

Keywords:   Germany, Mexico, Vienna Convention on Consular Relations, State rights, individual rights, diplomatic protection, consular assistance

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