International Law Outline



Download 320.5 Kb.
Page33/128
Date20.01.2021
Size320.5 Kb.
1   ...   29   30   31   32   33   34   35   36   ...   128
Germany v. US – SCOTUS – 1999 (298) – SCOTUS rejects attempts to enforce ICJ order – execute Walter.

  • La Grand Case (Germany v. United States) – ICJ – 2001 (299)

    1. Germany doesn’t discontinue, ala Paraguay

    2. Court holds – failure to notify violated US obligations under Vienna Convention

      1. Procedural default rule in THIS case violated Vienna Convention

      2. Decides right to consular notification and access is INDIVIDUAL RIGHT

        1. Later US cases – open question OR NOT a judicially enforceable right

    3. IMPORTANT – decides provisional order is BINDING, and creates LEGAL OBLIGATION

  • Medellin

    1. Mexican citizen arrested for brutal rape and murder. Not advised of Vienna Convention rights at time of arrest. Confession admitted into evidence, convicted of capital murder, and sentenced to death. Appeals, but does not raise claim re: failure to advise of treaty rights. THEN, MX officials learn of his arrest, detention, trial, conviction and sentence.

      1. Files state habeas petition, alleging violation of Vienna Convention rights. Denied at trial level, and appellate level – barred because not raised previous.

      2. Files federal habeas. District court rules procedural default (fails to raise) AND that Vienna Convention does not create judicially enforceable rights. Appellate court rejects also (bound by Breard, notwithstanding recent ICJ decisions)


    2. Directory: sites -> default -> files -> upload documents
      upload documents -> Always put things in threes (eskridge has ocd) I. Procedural Due Process and Reading a Case
      upload documents -> Federalism – The Structure of Government
      upload documents -> General Info About Property law
      upload documents -> Con law professor Larry Sager Fall 1995 I. U. S. Term limits V. Thornton
      upload documents -> Property with Professor Vicki Been
      upload documents -> Property Outline – Professor Upham, Spring 2000
      upload documents -> Constitutional law outline part I: structure of government judicial review and constitutional interpretation
      upload documents -> Complex federal investigations
      upload documents -> Foundations: Agency Law Introduction to law of enterprise organizations
      upload documents -> Pricing v. Sanctions


      Share with your friends:
  • 1   ...   29   30   31   32   33   34   35   36   ...   128




    The database is protected by copyright ©essaydocs.org 2020
    send message

        Main page