Sanchez-Llamas v. Oregon

Abstract

Consular relations — Vienna Convention on Consular Relations, 1963, Article 36 — Requirement that consulate be informed of detention of one of its nationals — Whether conferring rights upon individuals — Consequences of non-compliance — Whether evidence obtained during detention not notified to consulate must be suppressed — Extent to which complaint of non-compliance may be excluded because not raised at earlier point in proceedings

Human rights — Due process — Vienna Convention on Consular Relations, 1963, Article 36 — Requirement that State notify consulate of detention of foreign national — Whether conferring rights upon individual detainees — Non-compliance — Whether entitling individual to exclude evidence obtained during detention

Relationship of international law and municipal law — Decisions of international courts and tribunals — Effect in municipal law — Effect of decisions of International Court of Justice — Whether binding or merely persuasive — Municipal remedies for international violations — Where relevant instrument does not stipulate specific international remedy — Where also refers back to municipal law — Scope of discretion for municipal courts — Considerations for federal states

Treaties — Interpretation and application — Whether conferring rights upon individuals — Interpretation of treaty by International Court of Justice — Weight to be given to this interpretation by national court — The law of the United States