Also known as:Vienna Conventions · VCLT · VCDR · Vienna Convention on the Law of Treaties
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
on consular relations
A multilateral treaty that sets forth rules governing consular relations between states. It includes provisions requiring authorities to notify detained foreign nationals of their right to contact their home consulate.
2
Sense 1
1
on consular relations
A multilateral treaty that sets forth rules governing consular relations between states. It includes provisions requiring authorities to notify detained foreign nationals of their right to contact their home consulate.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Cases
Examples
Sense 2
2
on contracts for the international sale of goods
A self-executing treaty that supplies uniform substantive rules for contracts involving the international sale of goods between private parties in adopting states.
Sources & Authorities· 1 source
Select any source to read its text and confirm it supports the definition.
A self-executing treaty that supplies uniform substantive rules for contracts involving the international sale of goods between private parties in adopting states.
Each sense below has its own examples, sources, and questions.
2
Presidential Memo on Consular Rights
Viktor Voronin, a Mexican national, was convicted in state court without being informed of his right to contact the Mexican consulate. After an international ruling found a violation, the President issued a memorandum directing state courts to reopen the case. Because the treaty lacks implementing legislation, the memorandum has no domestic legal effect and the state court properly refuses to reopen the proceeding.
Consular Notification During Detention
Viktor Voronin, a Mexican national, was arrested in Texas and not told he could contact his consulate. State officials later conceded the Vienna Convention violation. Because the treaty is non-self-executing, the state court refused to grant relief absent congressional implementation.
Abbott v. Abbott560 U.S. 1, 8 (2010)
Frequently Asked2
Does the Vienna Convention on Consular Relations create privately enforceable rights in U.S. courts without congressional action?+
No. The treaty is non-self-executing. It therefore lacks domestic legal effect as supreme law absent implementing legislation from Congress.
Supporting sources
Can the President enforce the Vienna Convention on Consular Relations through a memorandum directing state courts to reopen cases?+
No. The President has no independent constitutional authority to give a non-self-executing treaty domestic effect by directing state compliance.
Supporting sources
2
What does the CISG, also called the Vienna Convention, govern?+
It supplies substantive rules for contracts for the international sale of goods between private parties, excluding consumer sales and certain other transactions.
Supporting sources
Is the CISG self-executing in the United States?+
Yes. The United States ratified it as a self-executing treaty that now applies directly in the courts of adopting states.
Supporting sources
560 U.S. 1 (2010)Conflict of Laws
…of the intersection of the travel restriction in Article 49 of its Minors Law 16,618 and the Convention. [^maj-4]: See Art. 32, Vienna Convention on the Law of Treaties, May 23, 1969, 1155 U. N. T. S. 331, 340 (“Recourse may be had to supplementary means of interpretation . . . when the interpretation . . . (a) leaves the meaning ambiguous or obscure; or…