UDC 341.8(73)
Biblid: 0543-3657, 66 (2015)
Vol. 66, No 1158-1159, pp. 177-193
DOI:

Professional paper
Received: 01 Mar 2015
Accepted: 29 Mar 2015

THE APPLICATION OF ARTICLE 36 OF THE VIENNA CONVENTION ON CONSULAR RELATIONS IN THE UNITED STATES PRACTICE

Mišović Andrijana (Andrijana Mišović, Pravni fakultet Univerziteta u Beogradu), andrijana.misovic@gmail.com

The principal subject discussed in this paper is the Article 36 of the Vienna Convention on Consular Relations, that grants the right to foreign nationals who are arrested or detained to have their consulate notified, while the receiving state, on the other hand, is committed to make due effort, so as to allow such individuals to exercise their right. Therefore, the duty assumed by the signatory states to the Convention is to secure this right for both other signatory states and individuals that this Article is essentially intended to protect. In practice, however, the United States of America have failed to respect this duty, which can pose a problem particularly in such cases when a foreign national is sentenced to death. The protectionist attitude of US courts towards US norms represents not only the failure to perform the assumed duty with respect to other states, but it is a major setback when it comes to respect of human rights.

Keywords: Vienna convention on consular relations, United States, Avena, death penalty, right to life