Tuesday, July 1, 2008
The U.S. Supreme Court ruled in Medellin that the decision by the International Court of Justice in Avena was not directly enforceable in the United States as domestic law, and that the President lacked power to direct state courts to implement Avena.
I wrote an introductory note that will appear in volume 47 of International Legal Materials. The note sets forth the background of Avena and other cases before the International Court of Justice involving the Vienna Convention on Consular Relations. The note also discusses an advisory opinion from the Inter-American Court of Human Rights not cited by the U.S. Supreme Court.
Some U.S. cases after Medellin are identified, as well as Mexico's recent request for an interpretation of Avena and an indication of provisional measures to prevent the execution of Mexican nationals named in the Avena judgment.
Click here to read the introductory note. You can then click on Download this Document for a free dowload of the note. I encourage you to subscribe to International Legal Materials for a continuous stream of original documents and interpretive introductory notes that are often quite helpful to law professors and other researchers. Contact the American Society of International Law for more information.