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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)

International Court of Justice.  16 July 2008 ; 19 January 2009 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International Court of Justice — Jurisdiction — Finality of judgments — Request for interpretation — Statute of the Court, Article 60 — Rules of Court, Articles 98-100 — Dispute as to the meaning or scope of a judgment — Differences between French and English texts of Article 60 — Dispute must concern question decided with binding force in the judgment — Avena Judgment regarding application of the Vienna Convention on Consular Relations, 1963, Article 36 — Requirement that the United States take all measures necessary to ensure review and reconsideration of convictions and sentences of certain Mexican nationals — Whether dispute between Mexico and the United States regarding meaning and scope of obligation — Article 60 not a means for securing compliance with undisputed obligation

International Court of Justice — Provisional measures of protection — Nature and purpose of provisional measures — Requirement that rights to be protected are rights which might be adjudged to belong to one of the Parties in judgment on the merits — Request for provisional measures in the context of proceedings under Article 60 of the Statute of the Court

States — Federal States — Responsibility of State for acts of state and federal authorities — Capacity to speak for the State in international relations — Whether belonging exclusively to the federal executive — United States of America — Imposition of death penalty by state courts — Avena Judgment of International Court of Justice — Implementation

Type
Case Report
Copyright
© Cambridge University Press 2012

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