LaGrand Case (Germany v. United States of America)
10 Pages Posted: 10 Jun 2009
Date Written: June 3, 2009
This note assesses the Court's landmakr ruling in the LaGrand case. It generally applauds the decision, which had found the United States responsible for breaches of Art. 36 of the Consular Convention. It identifies weaknesses in the Court's treatment of remedies for breaches of consular law (which would later come to haunt the Court in the Avena decision). Beyond issues of consular law proper, it analyses the Court's crucial holding that interim orders under Art 41 of the ICJ Statute can impose binding legal obligations on litigants.
Keywords: International Court of Justice, consular law, Vienna Convention on Consular Relations, LaGrand, interim measures, provisional measures, ICJ Statute, death penalty
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