The Case Concerning Avena and other Mexican Nationals before the ICJ again involved violations of the Vienna Convention on Consular Relations. The judgment seems to be a faithful copy of the earlier LaGrand judgment, but it is much less clear. In particular the Court's consideration of diplomatic protection, the nature of Mexico's claim, and the local remedies rule pose questions with respect to the development of international law. In considering these issues, this article aims to show why the Court should have paid more attention to the legal background of the case.
