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Case Concerning the Vienna Convention on Consular Relations; Request for the Indication of Provisional Measures
Published online by Cambridge University Press: 01 January 2021
Abstract
International Court of Justice — Provisional measures of protection — Requirement of prima facie basis for jurisdiction on the merits — Whether Court possessing compulsory jurisdiction — Vienna Convention on Consular Relations, 1963 — Article I of the Optional Protocol concerning the Compulsory Settlement of Disputes, 1963 — Criteria for indicating measures — Risk of irreparable damage to rights — Urgency — Whether grave and exceptional circumstances requiring Court to indicate measures for a stay of execution — Statute of the International Court of Justice, Article 41
Consular relations — Right of access to consul for person arrested — Paraguayan national sentenced to death by court in United States of America — Vienna Convention on Consular Relations, 1963 — Article 36(1) (b) — Failure of arresting authorities to inform of right to contact Paraguayan consulate — Effect of non-notification — Whether United States of America violating its international legal obligations with respect to Vienna Convention — Whether Paraguay entitled to remedy restitutio in integrum under Vienna Convention
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