ABSTRACT

Bilateral and multilateral consular treaties do not deal with the relationship between a sending state and its national, or specify any obligation on the part of a sending state to assist its national. By the text of these treaties, a sending state has a right to assist, but no obligation to do so. The issue may arise, however, that a sending-state national under arrest desires assistance but that the sending state, for whatever reason, chooses not to provide any. It may also arise that the sending state is willing to provide some assistance, but not the specific type of assistance that the national deems appropriate.