International Court of Justice Part 14

 

The heroic undertaking? The separate and dissenting opinions of Judge Weeramantry during his time on the Bench of the International Court of Justice
Duncan French
Asian Yearbook of International Law
Volume 11, 2003-2004 p.35

The Universality of the Work of the International Court of Justice
CARLOS ESPALIàš BERDUD
Hague Yearbook of International Law
Volume 18, 2005 p.45

INTERNATIONAL COURT OF JUSTICE – WORK IN 2004-2005 – Registry of the Court
Hague Yearbook of International Law
Volume 18, 2005 p.73

INTERNATIONAL COURT OF JUSTICE – CASES BEFORE THE COURT
Hague Yearbook of International Law
Volume 18, 2005

HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Leiden Journal of International Law
Volume 19, Number 2, June 2006

AGORA: THE INTERNATIONAL COURT OF JUSTICE AT 60 (PART II)
Chinese Journal of International Law
Volume 5, Number 2, July 2006

Regarding/Disregarding: The Judicial Rhetoric of President Barak and the International Court of Justice’s Wall Advisory Opinion
Iain Scobbie
Chinese Journal of International Law
Volume 5, Number 2, July 2006 p.269-300

The Role of Domestic Courts in the Case Law of the International Court of Justice
André Nollkaemper
Chinese Journal of International Law
Volume 5, Number 2, July 2006 p.301-322

The 2005 Record of the International Court of Justice
Pieter H.F. Bekker
Chinese Journal of International Law
Volume 5, Number 2, July 2006 p.371-380

Provisional Measures in International Law: The International Court of Justice and the International Tribunal for the Law of the Sea; The Chapter VII Powers of the United Nations Security Council; India and International Law
Sienho Yee
Chinese Journal of International Law
Volume 5, Number 2, July 2006 p.503-505

Remarks on Proceedings before the International Court of Justice
Pellett, Alain
Law and Practice of International Courts and Tribunals
Volume 5, Number 1, 2006 p.163-182

Procedural Developments at the International Court of Justice
Muller, Daniel
Law and Practice of International Courts and Tribunals
Volume 5, Number 1, 2006 p.193-212

The Challenge of a Global Standard of Justice: Peace, Pluralism, and Punishment at the International Criminal Court
Eric Blumenson
Columbia Journal of Transnational Law
Volume 44, Number 3, 2006 p.801

Recent developments regarding the Right to Consular Protection – Avena and other Mexican nationals
Trevor Redmond
Hibernian Law Journal
Volume 5, 2004/2005 p.177

In March 2004 the International Court of Justice (ICJ) delivered a further Judgment relating to consular protection in cases involving the imposition of the death penalty of foreign nationals, adding to the important precedents established by the cases of Breard and La Grand. In Avena the United States was found to have breached its obligation under Article 36(1)(b) of the Vienna Convention on Consular Relations (Vienna Convention) to inform 51 Mexican nationals of their right to consular notification and access and, in all but one of those cases to have further failed to notify the Mexican consular post of their detention. As a result, the US was also found to have breached its obligations pursuant to Article 36(1)(a) to enable Mexican Consular officials to communicate with and have access to their nationals and, in respect of 34 individuals, to enable consular officials to arrange for the legal representation of their nationals. By way of reparation, the Court ordered the US to effectively review and reconsider the convictions and sentences of those concerned, including fully examining and attributing the appropriate weight to the violations of the rights set forth in Article 36 and possible prejudice caused thereby. Since this was the first case in which the ICJ considered violations of the Vienna Convention in respect of foreign nationals sentenced to death and still awaiting execution, it was the first occasion on which the Court could expound upon the legal remedies, it was the first occasion on which the Court could expound upon the legal remedies available. As Macina has noted, US political and judicial responses to the ICJ Judgments in Avena “will ultimately reveal the effectiveness of the La Grand decision in providing relief for foreign nationals” .

 

Author: international

Mentioned in these Entries

International Court of Justice, International Criminal Court.