Medellín v. Texas

Medellín v. Texas PDF

Author: Alan Mygatt-Tauber

Publisher: University Press of Kansas

Published: 2022-08-31

Total Pages: 212

ISBN-13: 0700633618

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In 1993, José Medellín, an eighteen-year-old Mexican national who lived most of his life in the United States, was arrested for his participation in the gang rape and murder of two girls in Houston, Texas. Despite telling police that he was born in Mexico, he was never informed of his right to contact the Mexican Consulate, a right guaranteed to him by Article 36 of the Vienna Convention on Consular Relations. The Mexican government filed suit against the United States in the International Court of Justice (ICJ), which ruled that the United States had violated the rights of both Mexico and Medellín, along with fifty-one other Mexican nationals in other cases. The ICJ instructed the United States to provide “review and reconsideration” of the convictions and sentences of the fifty-two Mexican nationals. Armed with this new decision, Medellín sought a writ of habeas corpus, which was denied by the lower courts. He petitioned for a writ of certiorari, which the Supreme Court granted, twice. While President George W. Bush sided with the ICJ, the State of Texas, under Solicitor General Ted Cruz, argued against the president. Despite a nearly universal belief among court watchers and legal scholars that Texas would lose, the Court in a 6–3 decision ruled in favor of Texas and against Medellín in June 2008. Medellín was executed just two months later. In this volume Alan Mygatt-Tauber tells the story of Medellín v. Texas, showing how the Court’s 2008 ruling grappled with the complex question of how a united republic that respects the dual sovereignty of its constituent parts struggles to comply with its international obligations. But this is also a story of international human rights and the anomalous position of the United States regarding the death penalty compared to other nations. In the closing chapters, the author explores the aftermath of the execution, including the continued effort of Mexico to seek justice for its nationals. Mygatt-Tauber offers a detailed examination of the case at every stage of proceedings—trial, appeal, at the International Court of Justice, and in both trips to the Supreme Court. He provides never-before-revealed information about the thinking of the Bush White House in the decision to comply with the ICJ’s judgment and to withdraw from the Optional Protocol to the Vienna Convention that granted the ICJ jurisdiction.

Foreigners on America's Death Row

Foreigners on America's Death Row PDF

Author: John Quigley

Publisher: Cambridge University Press

Published: 2018-05-03

Total Pages: 303

ISBN-13: 1108428231

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Investigates how foreigners charged with capital murder in the United States are deprived of rights by police and courts.

An American Dilemma

An American Dilemma PDF

Author: M. Atwell

Publisher: Springer

Published: 2015-06-16

Total Pages: 189

ISBN-13: 1137270373

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An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation's obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.

Case Concerning the Vienna Convention on Consular Relations (Paraguay V. United States of America)

Case Concerning the Vienna Convention on Consular Relations (Paraguay V. United States of America) PDF

Author: Paraguay

Publisher:

Published: 2000

Total Pages: 232

ISBN-13:

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This Report presents the written proceedings and oral arguments of a case taken before the International Court of Justice concerning the Vienna Convention on Consular Relations. The case was brought by the Government of Paraguay against the Government of the United States of America. This case concerned the procedures followed, and decisions made, by the Executive and Supreme Court of the United States leading up to execution of a Paraguayan national by the Commonwealth of Virginia in May 1998. The Paraguayan argument was that the defendant had been denied his right to consular assistance as guaranteed under the Vienna Convention. The case was discontinued by Paraguay in November 1998 and therefore this volume contains no ruling from the International Court of Justice.

Resolving International Conflicts

Resolving International Conflicts PDF

Author: Peter Hay

Publisher: Central European University Press

Published: 2009-01-01

Total Pages: 352

ISBN-13: 9789639776463

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Dedicated to Tibor Vrady. Focuses on international private law and international arbitration.

AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 6

AMERICAN INTERNATIONAL LAW CASES Fourth Series 2009 VOLUME 6 PDF

Author: Oceana Editorial Board

Publisher:

Published: 2011-02-18

Total Pages: 460

ISBN-13: 0199758905

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AILC is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts, federal appellate courts, and the U.S. Supreme Court, as well as some state courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Tax Court. The series seeks to provide not every single case in which a court refers to international law but rather all cases that analyze at least one international law issue in depth. The list of subjects addressed by these volumes is vast and changes from year to year, with the inclusion and prominence of most topics turning on their prevalence in a given year's jurisprudence. Some consistently prominent topics are personal jurisdiction over foreign defendants, deportation procedure, and double taxation. Over the last three editions (2006, 2007, and 2008), many topics have developed rapidly and constitute a correspondingly larger portion of the volumes, particularly Terrorism, the Foreign Sovereign Immunities Act, Forum Non Conveniens, and an entirely new, added topic: the National Security Exception (to deportation eligibility). The 2008 edition of AILC also features expanded sections on family law and on the detention of terrorist suspects. The U.S. war on terror and the crisis at Guantanamo have made that last topic a significant and dynamic component of AILC. Each edition of AILC also comes framed with two practical resources for students and scholars. The first is an introductory editor's note that both reviews international law's major developments for the given year and explains to readers how to use the volumes. The second is a subject index to allow for targeted research. Volume Six of AILC includes the exceptions and limitations of procedural aspects, such as the Political Question Doctrine, the Federal Tort Claims Act, the Foreign Affairs Doctrine, and the Vienna Convention on Consular Relations. The volume also includes cases involving diplomacy and diplomatic immunity and treaties and agreements. In Mani Kumari Sabbithi v. Major Waleede KH N.S. AL SALEH, domestic workers from India sued their employers and the state of Kuwait under the Trafficking Victims Protection Act of 2000, the Fair Labor Standards Act, and various contract and tort claims. The court granted the defendants' motion to dismiss based on diplomatic immunity. In In re B. Del C.S.B., the issue was whether a child of Mexican origin, whose mother wrongfully retained her in the United States, should be allowed to stay in her current home while custody proceedings are conducted in the United States, or whether she should be returned to Mexico while the proceedings are conducted there. The court examined whether a child is not settled for the purposes of Article 12 of the Hague Convention.

U.S. National Security Law

U.S. National Security Law PDF

Author: H. L. Pohlman

Publisher: Rowman & Littlefield

Published: 2018-07-12

Total Pages: 353

ISBN-13: 1538104040

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The rise of international terrorism in today’s globalized world has focused attention on the degree to which international law should shape U.S. national security law and policy. This unique textbook of readings explores how international law relates to U.S. constitutional and statutory law in terms of the right to wage war, the law of armed conflict, combatant status, interrogation of detainees, military commissions, covert action, targeted killing, electronic surveillance, and cyber war. Each chapter is composed of a chronological set of core readings followed by a set of provocative questions, with commentary linking one reading to the next. Written in a lively and engaging manner, U.S. National Security Law makes challenging subject matter accessible for undergraduate students outside of a law school classroom.

Implementation of International Law in the United States

Implementation of International Law in the United States PDF

Author: Johan D. Van der Vyver

Publisher: Peter Lang

Published: 2010

Total Pages: 316

ISBN-13: 9783631598801

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Even though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and Völkerrechtsfreundlichkeit.