LaGrand Case (Germany v. United States of America)

10 Pages Posted: 10 Jun 2009

See all articles by Christian J. Tams

Christian J. Tams

University of Glasgow, School of Law

Date Written: June 3, 2009

Abstract

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

Suggested Citation

Tams, Christian J., LaGrand Case (Germany v. United States of America) (June 3, 2009). Available at SSRN: https://ssrn.com/abstract=1413893 or http://dx.doi.org/10.2139/ssrn.1413893

Christian J. Tams (Contact Author)

University of Glasgow, School of Law ( email )

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Glasgow, Scotland G12 8QQ
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/christiantams/

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