ABSTRACT

Treaties are concluded between states, and they create rights and obligations between states. However, treaties may provide for rights of individuals, to be exercised by them as individuals. Human rights treaties are the most obvious example. Also common are bilateral treaties that give nationals of each state a right to engage in business in the territory of the other. Whether a treaty gives a right to individuals depends on its wording. VCCR Article 36 may, or may not, confer a right on a foreign national, over and beyond rights conferred on a sending state, depending on how one construes its text.