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Avena and Other Mexican Nationals (México V. United States of America), 2003 and Request for Interpretation of the Judgment of 31 March 2004 in the Case Concerning Avena and Other Mexican Nationals (Mexico V. United States of America), 2008

in Paula Wojcikiewicz AlmeidaandJean-Marc Sorel (eds.), _Latin America and the International Court of Justice: Contributions to International Law_, Routledge, 2017, pp. 183-194.

Loyola Law School, Los Angeles Legal Studies Research Paper No. 2017-54

13 Pages Posted: 29 Dec 2017  

Cesare P.R. Romano

Loyola Law School Los Angeles

Date Written: December 29, 2017

Abstract

Between 1998 and 2008, the International Court of Justice (ICJ) heard a trio of cases on the application of the 1963 Vienna Convention on Consular Relations (VCCR), in the context of the arrest, trial and sentencing of foreign nationals by the U.S.: the Breard case brought in 1998 by Paraguay, the LaGrand case brought in 1999 by Germany, and the Avena case brought in 2003 by Mexico.

The Avena case presented the ICJ with the opportunity to clarify and expand on points of law that it had previously made in the LaGrand case. But, unlike the LaGrand case, it unleashed a torrent of litigation in the U.S., resulting in rulings by the U. S. Supreme Court that redefined the way the U.S. incorporates its international legal obligations into its domestic legal system.

Suggested Citation

Romano, Cesare P.R., Avena and Other Mexican Nationals (México V. United States of America), 2003 and Request for Interpretation of the Judgment of 31 March 2004 in the Case Concerning Avena and Other Mexican Nationals (Mexico V. United States of America), 2008 (December 29, 2017). in Paula Wojcikiewicz AlmeidaandJean-Marc Sorel (eds.), _Latin America and the International Court of Justice: Contributions to International Law_, Routledge, 2017, pp. 183-194.; Loyola Law School, Los Angeles Legal Studies Research Paper No. 2017-54. Available at SSRN: https://ssrn.com/abstract=3094300

Cesare Romano (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States

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