(DOWNLOAD) "International Law, The United States of America and Capital Punishment (The Medellin V. Texas Symposium)" by Suffolk Transnational Law Review # Book PDF Kindle ePub Free
eBook details
- Title: International Law, The United States of America and Capital Punishment (The Medellin V. Texas Symposium)
- Author : Suffolk Transnational Law Review
- Release Date : January 22, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 362 KB
Description
Medellin v. Texas is the latest act in a judicial drama involving the United States that began in 1998, when Paraguay filed an application in the International Court of Justice (ICJ) on behalf of one of its nationals who was in imminent threat of execution in Virginia. The litigation was based on allegations that U.S. law enforcement officials had not provided Angel Breard, a Paraguayan citizen, with information about the right to consular assistance, as guaranteed by Article 36 of the Vienna Convention on Consular Relations (VCCR). (1) Although there was an order by the ICJ for provisional measures, (2) the case was never heard on the merits, and Paraguay discontinued its application. A year later, Germany produced a similar claim before the Court. This time, there was a finding against the United States, based upon its failure to comply with an order from the Court that the execution be stayed during the international proceedings and that the United States had violated the VCCR. (3) Mexico then followed suit, invoking the rights of fifty-four of its citizens on death row in the United States. One of those individuals was Jose Ernesto Medellin. Mexico was successful at the ICJ, (4) but for complex reasons involving the relationship between international law and the courts of the United States, the protection of Medellin's rights as affirmed by the World Court has not been a straightforward matter.
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