Log in

Relevant bibliographies by topics / Consular court / Journal articles

To see the other types of publications on this topic, follow the link: Consular court.

Journal articles on the topic 'Consular court'

Author: Grafiati

Published: 4 June 2021

Last updated: 28 July 2025

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Consular court.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Lee, Edward G., Alvin J. Shidlowski, and Julian K. Roy. "Consular Immunity: Alleged Criminal Activities of a Consular Officer." Canadian Yearbook of international Law/Annuaire canadien de droit international 34 (1997): 293–301. http://dx.doi.org/10.1017/s006900580000641x.

Full text

Abstract:

SummaryA recent decision of the Ontario Court of Justice (Provincial Division) involving criminal charges of perjury and attempting to obstruct justice against a consular officer posted in Toronto was the occasion for a comprehensive review of the scope and application of consular immunity in Canada. Contrary to the arguments presented by the attorney general of Ontario and the evidence and opinion of the secretary of state for External Affairs, Canada, the court ruled that the consular officer was immune from the criminal jurisdiction of the Court. The Court concluded that the consular office

APA, Harvard, Vancouver, ISO, and other styles

2

Kirgis, Frederic L. "International Law in the American Courts– The United States Supreme Court Declines to Enforce the I.C.J.'sAvenaJudgment Relating to a U.S. Obligation under the Convention on Consular Relations." German Law Journal 9, no. 5 (2008): 619–38. http://dx.doi.org/10.1017/s2071832200000043.

Full text

Abstract:

The United States is a party to the Vienna Convention on Consular Relations (“the Consular Convention”). It requires in Article 36(1)(b) that the competent authorities of each State party inform the consulate of another party if the latter's national is arrested and requests that the consulate be notified. Article 36(1)(b) further requires the authorities to inform the person arrested of the right to communicate with the consulate. Article 36(2) says that the rights in Article 36(1) are to be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso “

APA, Harvard, Vancouver, ISO, and other styles

3

LE MON, CHRISTOPHER J. "Post-Avena Application of the Vienna Convention on Consular Relations by United States Courts." Leiden Journal of International Law 18, no. 2 (2005): 215–35. http://dx.doi.org/10.1017/s092215650500261x.

Full text

Abstract:

Following the judgment of the International Court of Justice in the Avena case, US courts have had a mixed record in applying the decision domestically. In this article, I examine the treatment by US courts of claims by criminal defendants alleging Vienna Convention violations, subsequent to the Avena judgment. First, I discuss the two limited decisions so far taken by the US Supreme Court regarding the Vienna Convention, and briefly explain several of the judicially-created rules that have prevented most US courts from reaching the merits of Vienna Convention claims. Next, I analyse the ICJ j

APA, Harvard, Vancouver, ISO, and other styles

4

Paust, Jordan J. "Breard and Treaty-Based Rights Under the Consular Convention." American Journal of International Law 92, no. 4 (1998): 691–97. http://dx.doi.org/10.2307/2998132.

Full text

Abstract:

Article 36(1) of the Vienna Convention on Consular Relations provides that (a) “[nationals . . . shall have the same freedom with respect to communication with and access to consular officers,” and that (b) “[t]he said authorities shall inform the person concerned without delay of his rights under this sub-paragraph.” In Breard v. Greene, the Supreme Court nearly recognized that, under the Convention, the individual petitioner had actionable rights that had been violated. The Court concluded, however, that the rights were “defaulted” when not pursued in the state courts, that the errors would

APA, Harvard, Vancouver, ISO, and other styles

5

Bodansky, Daniel, and Klaus Ferdinand Gärditz. "Case Nos. 2 BvR 2115/01, 2 BvR 2132/01, & 2 BvR 348/03.60 Neue Juristische Wochenschrift 499 (2007)." American Journal of International Law 101, no. 3 (2007): 627–35. http://dx.doi.org/10.1017/s0002930000029845.

Full text

Abstract:

Case Nos.2 BvR 2115/01, 2 BvR 2132/01, & 2 BvR 348/03.60 Neue Juristische Wochenschrift 499 (2007). At <http://www.bundesverfassungsgericht.de>.Bundesverfassungsgericht (Federal Constitutional Court of Germany), September 19, 2006.On September 19, 2006, the Federal Constitutional Court of Germany (Bundesverfassungsgericht) held in jointly decided Case Nos. 2 BvR 2115/01, 2 BvR 2132/01, & 2 BvR 348/03 that a failure to provide consular information to foreign nationals pursuant to Article 36 of the Vienna Convention on Consular Relations (VCCR) violates the guarantee of a fair tria

APA, Harvard, Vancouver, ISO, and other styles

6

Stewart, David P. "The U.S. Supreme Court: Garcia V. Texas." International Legal Materials 51, no. 1 (2012): 44–53. http://dx.doi.org/10.5305/intelegamate.51.1.0044.

Full text

Abstract:

On July 7, 2011, the United States Supreme Court declined to stay the execution of Humberto Leal García, a Mexican national who had been convicted some sixteen years ago in Texas of murder.1 Relying on the decision of the International Court of Justice (‘‘ICJ’’) in the Avena case,2 García contended that the United States had violated his right to consular notification and access under the Vienna Convention on Consular Relations (‘‘Consular Convention’’).3 He sought the stay so that the U.S. Congress could consider enactment of proposed legislation to implement the ICJ decision.4 In a 5-4 decis

APA, Harvard, Vancouver, ISO, and other styles

7

Fernanda, Eunike Giovani, and Ida Bagus Oka Ana. "Solusi Perselisihan Konsulat Jenderal dan Kedutaan Besar Amerika Serikat di Indonesia dengan Staf Warga Negara Indonesia." Lentera Hukum 5, no. 1 (2018): 1. http://dx.doi.org/10.19184/ejlh.v5i1.5706.

Full text

Abstract:

Indra Taufiq, an Indonesia citizen, a former local staff working for the United States of America Consulate General in Medan, brought an appeal to the Indonesian Supreme Court to the United States of America Consulate General in Medan and its embassy to pay Indra Taufiq’s termination of employement rights. Although the verdict of the cassation was won by Indra Taufiq, the consulate general and the embassy of the United States of America refused to carry out the court's verdict on the grounds of diplomatic immunity. This is a legal issue that should be reviewed in terms of the perspective of in

APA, Harvard, Vancouver, ISO, and other styles

8

Desierto, Diane A. "Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Iran v. U.S.) (Judgment on Preliminary Objections) (I.C.J.)." International Legal Materials 61, no. 1 (2021): 1–40. http://dx.doi.org/10.1017/ilm.2021.45.

Full text

Abstract:

On February 3, 2021, the International Court of Justice delivered its judgment on preliminary objections in Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America). The judgment rejected all of the United States’ preliminary objections, declared the admissibility of Iran's Application, and held that the Court has jurisdiction “on the basis of Article XXI, paragraph 2 of the Treaty of Amity, Economic Relations, and Consular Rights of 1955.”

APA, Harvard, Vancouver, ISO, and other styles

9

Pertusa Rodríguez, Luis. "Dimensión consular de la gestación por sustitución en Derecho internacional privado = Consular aspects of surrogate gestation under International Private Law." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 2 (2018): 597. http://dx.doi.org/10.20318/cdt.2018.4391.

Full text

Abstract:

Resumen: El artículo 10.1 de la Ley 14/2006 establece la nulidad de los contratos de gestación por sustitución en España. La Instrucción de la DGRN de 5 de octubre de 2010 diseña un mecanismo para recibir resoluciones extranjeras que establezcan filiaciones mediante gestación por sustitución en un registro civil consular. La instrucción exige que la filiación venga determinada por una sentencia judicial. El encargado del registro civil consular tiene un amplio margen de maniobra a la hora de realizar la inscripción así como para exigir que la sentencia extranjera haya obtenido un exequatur o

APA, Harvard, Vancouver, ISO, and other styles

10

Bettauer, Ronald J. "The Supreme Court of Nevada: Gutierrez v. Nevada, Unpublished Order of Reversal and Remand, No. 53506." International Legal Materials 52, no. 1 (2013): 345–53. http://dx.doi.org/10.5305/intelegamate.52.1.0345.

Full text

Abstract:

Article 36(1) of the Vienna Convention on Consular Relations provides that a consular officer shall, if requested by a national of the sending state arrested in the receiving state, be informed of the arrest by the authorities of the receiving state ‘‘without delay [and] shall have a right to visit [and assist the arrested] national.’’ It also provides that ‘‘said authorities shall inform the person concerned without delay of his rights’’ to communicate with the consular officer.

APA, Harvard, Vancouver, ISO, and other styles

11

NAKAAMI, Emiko. "The Abolition of Portuguese Consular Court in Meiji Japan." Legal History Review, no. 55 (2005): 81–119. http://dx.doi.org/10.5955/jalha.2005.81.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Aceves, William J. "Vienna Convention on Consular Relations—consular access to detained nationals—International Court of Justice—provisional measures—original jurisdiction of the U.S. Supreme Court." American Journal of International Law 93, no. 4 (1999): 924–28. http://dx.doi.org/10.2307/2555356.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Baetens, Freya. "Jadhav Case (India v. Pakistan) (I.C.J.)." International Legal Materials 59, no. 2 (2020): 187–225. http://dx.doi.org/10.1017/ilm.2020.12.

Full text

Abstract:

In May 2017, India commenced proceedings before the International Court of Justice (ICJ) against Pakistan, accusing it of “egregious violations of the Vienna Convention on Consular Relations” (VCCR). The dispute concerns the treatment of an Indian national, Kulbhushan Sudhir Jadhav, who was detained, tried, and sentenced to death by a military court in Pakistan. The Court essentially upheld the claim by its judgment of July 17, 2019.

APA, Harvard, Vancouver, ISO, and other styles

14

Gogolin, Jana. "Avena and Sanchez-Llamas Come to Germany – The German Constitutional Court Upholds Rights under the Vienna Convention on Consular Relations." German Law Journal 8, no. 3 (2007): 261–78. http://dx.doi.org/10.1017/s2071832200005575.

Full text

Abstract:

Much attention has been given to a series of decisions by the U.S. Supreme Court regarding the effects of the decisions of the International Court of Justice interpreting the Vienna Convention on Consular Relations. On 19 September, 2006, the German Bundesverfassungsgericht (BVerfG - German Federal Constitutional Court), has made its first judgment on the issue. The decision is significant for international law and even more specifically for U.S. jurists: Its outcome differs significantly from the U.S. Supreme Court decisions.

APA, Harvard, Vancouver, ISO, and other styles

15

Tully, Stephen. "‘By Means of its Own Choosing’: Is the Court Refashioning the Remedies of State Responsibility?" International Community Law Review 15, no. 4 (2013): 459–81. http://dx.doi.org/10.1163/18719732-12341267.

Full text

Abstract:

Abstract The International Court of Justice (the Court) can formulate appropriate orders whilst being sufficiently attune to the domestic constraints confronted by States. In the Consular Notification cases, the United States was ordered, ‘by means of its own choosing’, to undertake a ‘review and reconsideration’ of the convictions and sentences of certain named individuals whose rights to consular notification were denied. The Court revived a distinction between obligations of conduct and obligations of result but refrained from indicating when a violation of an international obligation occur

APA, Harvard, Vancouver, ISO, and other styles

16

Farzeen, Hashmat Ullah Khan, Aiman Niaz, Shayan Ul Abidin, Zafar Niaz, and Amsh Bin Yasir. "Kulbhushan Sudhir Jadhav Case (India v. Pakistan) and the Decision of International Court of Justice: An Analysis." European Journal of Arts, Humanities and Social Sciences 2, no. 1 (2025): 3–11. https://doi.org/10.59324/ejahss.2025.2(1).01.

Full text

Abstract:

The main objective of this study is to analyse the decision of the ICJ in Kulbhushan Sudhir Jadhav case in the light of public and private International Law. This case is related to the arrest of Indian spy Kulbhushan Sudhir Jadhav by Pakistan and his death sentence. He was engaged in espionage and terrorist activities in Pakistan which he himself confessed in his video statement after arrest. This article analyses that how international law and particularly the ICJ affects the life of a spy engaged in espionage and the right of states. The case is related to the interpretation of Article 36 o

APA, Harvard, Vancouver, ISO, and other styles

17

Farzeen, Hashmat Ullah Khan, Aiman Niaz, Abidin Shayan Ul, Zafar Niaz, and Amsh Bin Yasir. "Kulbhushan Sudhir Jadhav Case (India v. Pakistan) and the Decision of International Court of Justice: An Analysis." European Journal of Arts, Humanities and Social Sciences 2, no. 1 (2025): 3–11. https://doi.org/10.59324/ejahss.2025.2(1).01.

Full text

Abstract:

The main objective of this study is to analyse the decision of the ICJ in Kulbhushan Sudhir Jadhav case in the light of public and private International Law. This case is related to the arrest of Indian spy Kulbhushan Sudhir Jadhav by Pakistan and his death sentence. He was engaged in espionage and terrorist activities in Pakistan which he himself confessed in his video statement after arrest. This article analyses that how international law and particularly the ICJ affects the life of a spy engaged in espionage and the right of states. The case is related to the interpretation of Article 36 o

APA, Harvard, Vancouver, ISO, and other styles

18

Kattan, Victor. "Jadhav Case (India v. Pakistan)." American Journal of International Law 114, no. 2 (2020): 281–87. http://dx.doi.org/10.1017/ajil.2020.6.

Full text

Abstract:

Jadhav Case (India v. Pakistan) concerned Pakistan's arrest, detention, conviction, and death sentence of Kulbhushan Sudhir Jadhav, asserted by India to be an Indian national, who had been convicted of engaging in acts of terrorism and espionage in Pakistan. This is the third dispute over the interpretation of Article 36 of the Vienna Convention on Consular Relations (VCCR) to come before the International Court of Justice (ICJ). In contrast to the Applicants in the previous consular rights cases, India sought relief that included the annulment of Jadhav's conviction in Pakistan, his release f

APA, Harvard, Vancouver, ISO, and other styles

19

Goldberg, Jan. "On the Origins of Majālis Al-tujjār in Mid-nineteenth Century Egypt." Islamic Law and Society 6, no. 2 (1999): 193–223. http://dx.doi.org/10.1163/1568519991208709.

Full text

Abstract:

AbstractSeeking to establish the origins of Majālis al-Tujjār, the special mixed commercial courts of Alexandria and Cairo which existed from the mid-1840s until the mid-1870s, I examine whether the Majālis had their origin in Turkey or in Egypt; and whether or not they served foreign interests and were part of the capitulations system. The evidence of a legal case registered in the court records (sijillāt) of the Cairo court suggests that the Majālis, though established as a result of a concerted action of a number of European consuls general in Egypt, were not part of the capitulations syste

APA, Harvard, Vancouver, ISO, and other styles

20

Bodansky, Daniel, and Curtis A. Bradley. "Sanchez-Llamas v. Oregon." American Journal of International Law 100, no. 4 (2006): 882–88. http://dx.doi.org/10.1017/s000293000003195x.

Full text

Abstract:

Sanchez-Llamas v. Oregon, 126 S.Ct. 2669.United States Supreme Court, June 28, 2006.In Sanchez-Llamas v. Oregon, a majority of the U.S. Supreme Court held that suppression of evidence is not an appropriate remedy for violations of Article 36 of the Vienna Convention on Consular Relations and that U.S. states may apply their regular procedural default rules to bar claims brought under Article 36. The Court reached the latter conclusion despite contrary reasoning by the International Court of Justice (ICJ).Article 36(1)(b) of the Vienna Convention provides that when one party country arrests nat

APA, Harvard, Vancouver, ISO, and other styles

21

Ghandhi, Sandy. "I. Avena And Other Mexican Nationals {Mexico V United States Of America), Judgment Of 31 MARCH 2004." International and Comparative Law Quarterly 54, no. 3 (2005): 779–87. http://dx.doi.org/10.1093/iclq/lei029.

Full text

Abstract:

On 9 January 2003 Mexico instituted proceedings against the United States of America for violations of the Vienna Convention on Consular Relations 1963.1 Mexico based the jurisdiction of theCourt on Article 36(1) of the Statute of the Court which provides that:

APA, Harvard, Vancouver, ISO, and other styles

22

Belikova, Mishchuk, Svitlana, Mykola. "Execution of Court Orders by Diplomatic and Consular Institutions of Ukraine: Legislative and Practical Review." Przegląd Prawa Egzekucyjnego 2022, no. 7 (2022): 50–76. http://dx.doi.org/10.62627/ppe.2022.027.

Full text

Abstract:

The adoption of the Law of Ukraine “On Civil Service”1 in December 2015 began a new round for the introduction of its scope in relation to officials of the diplomatic service. This, of course, was reflected in the Law of Ukraine “On the Diplomatic Service”2, which entered into force in December 2018. Thus, according to clause 4 of Part 1 of Art. 2 of the Law of Ukraine “On the Diplomatic Service”, a diplomatic employee is a citizen of Ukraine holding a diplomatic position in the body of the diplomatic service, who receives a salary at the expense of the state budget and exercises the powers es

APA, Harvard, Vancouver, ISO, and other styles

23

Cassel, Douglass. "International Remedies in National Criminal Cases: ICJ Judgment in Germany v. United States." Leiden Journal of International Law 15, no. 1 (2002): 69–86. http://dx.doi.org/10.1017/s0922156502000031.

Full text

Abstract:

In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or

APA, Harvard, Vancouver, ISO, and other styles

24

Rubin, Avi. "British Perceptions of Ottoman Judicial Reform in the Late Nineteenth Century: Some Preliminary Insights." Law & Social Inquiry 37, no. 04 (2012): 991–1012. http://dx.doi.org/10.1111/j.1747-4469.2012.01293.x.

Full text

Abstract:

In the second half of the nineteenth century, the Ottomans founded a new court system, the Nizamiye courts, as part of an empire-wide ambitious project of judicial and administrative reform, which involved legal transplantation from the French model. The institutional evolution of these courts was completed with elaborate legislation introduced in 1879. This article explores British consular and diplomatic accounts dispatched in the immediate aftermath of the 1879 reforms in an attempt to assess the value of these reports for understanding the passage of Ottoman law to modernity. Comparison of

APA, Harvard, Vancouver, ISO, and other styles

25

Crook, John R. "The 2004 Judicial Activity of the International Court of Justice." American Journal of International Law 99, no. 2 (2005): 450–59. http://dx.doi.org/10.2307/1562509.

Full text

Abstract:

During 2004 the International Court of Justice decided three important matters. In March the Court found that the United States had violated the Vienna Convention on Consular Relations with respect to a number of Mexican nationals sentenced to death in U.S. state court proceedings. In a much-noted advisory opinion, the Court concluded in July that Israel's construction of a security wall or fence in occupied Palestinian territory violated international law. And in December it found that it did not have jurisdiction over Serbia and Montenegro's claims against eight NATO countries regarding NATO

APA, Harvard, Vancouver, ISO, and other styles

26

Charnovitz, Steve. "Correcting America’s Continuing Failure to Comply with the A Vena Judgment." American Journal of International Law 106, no. 3 (2012): 572–81. http://dx.doi.org/10.5305/amerjintelaw.106.3.0572.

Full text

Abstract:

Plainly, the external powers of the United States are to be exercised without regard to state laws or policies. The supremacy of a treaty in this respect has been recognized from the beginning. Mr. Madison, in the Virginia Convention, said that if a treaty does not supersede existing state laws, as far as they contravene its operation, the treaty would be ineffective. “To counteract it by the supremacy of the state laws, would bring on the Union the just charge of national perfidy, and involve us in war.” 3 Elliot’s Debates 515.One year ago, the U.S. Supreme Court refused a request by the Obam

APA, Harvard, Vancouver, ISO, and other styles

27

Fursa, Ye. "Procedure for consulation of notarial procedure for acceptance of cash amounts and securities in the deposit: the need is perfectly." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 146–51. http://dx.doi.org/10.24144/2307-3322.2022.71.24.

Full text

Abstract:

The article reveals the procedure for consular notarial proceedings on the deposit of money and securities, analyzes its stages and stages and systematizes all procedural actions of the consul, which he performs at each stage, taking into account the rules of notarial acts. In the first stage, the consul identifies the person who transfers the money and securities on deposit and who will receive these valuables, the purpose or obligation for which the contribution is made, the reasons for which the obligation cannot be fulfilled directly by the debtor., checks the availability in the applicati

APA, Harvard, Vancouver, ISO, and other styles

28

VIEGAS-LIQUIDATO, Vera Lúcia. "DERECHOS DE LA PERSONA HUMANA: EL DERECHO DEL EXTRANJERO PRIVADO DE LIBERTAD A LA ASISTENCIA CONSULAR." Revista Juridica 2, no. 55 (2019): 53. http://dx.doi.org/10.21902/revistajur.2316-753x.v2i55.3384.

Full text

Abstract:

RESUMENEn este trabajo se hará inicialmente una evolución histórica del Derecho Internacional de los Derechos Humanos, tomando el marco teórico referencial de Karel Vasak, Norberto Bobbio y Antonio Augusto Cançado Trindade, para abordar la discusión del derecho internacional de los derechos humanos en generaciones / dimensiones. A continuación se abordarán el estado de arte, límites y desafíos del derecho fundamental del extranjero privado de la libertad a la asistencia consular. Se plantearán cuestiones como, si al privado de la libertad no se le ofreció asistencia consular, qué implicaciones

APA, Harvard, Vancouver, ISO, and other styles

29

Torpey, John. "Zivitofsky and the Politics of Passports." AJIL Unbound 109 (2015): 57–60. http://dx.doi.org/10.1017/s2398772300001161.

Full text

Abstract:

In Zivotofsky v. Kerry, the Supreme Court addressed the constitutionality of a 2002 law, Section 214(d) of the Foreign Relations Authorization Act for Fiscal Year 2003, which required consular officials to mark the word “Israel” as the birthplace of U.S. citizens who were born in Jerusalem if they requested that designation. The U.S. State Department refused to comply, pursuant to a policy of neutrality by the executive branch of the U.S. government concerning sovereignty over the much-contested city. The parents of a boy born in Jerusalem sued in federal court to see the law enforced. In its

APA, Harvard, Vancouver, ISO, and other styles

30

Crook, John R. "Supreme Court Rejects Exclusionary Rule and New Trials as Remedies for Failures of Consular Notification." American Journal of International Law 100, no. 4 (2006): 926–31. http://dx.doi.org/10.1017/s0002930000757885.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

Birkenkötter, Hannah, and Berkan Kaya. "The International Court of Justice in an Age of Inter-Legality: A Survey of its Case Law in the New Millennium." German Yearbook of International Law 63, no. 1 (2022): 421–50. http://dx.doi.org/10.3790/gyil.63.1.421.

Full text

Abstract:

The International Court of Justice (ICJ) occupies a special position amongst international courts. With its quasi-universal membership and ability to apply in principle the whole body of international law, it should be well-placed to adjudicate its cases with a holistic view on international law. This article examines whether the ICJ has lived up to this expectation. It analyses the Court’s case load in the 21st century through the lens of inter-legality as the current condition of international law. With regard to institutional inter-legality, the authors observe an increase of inter-State pr

APA, Harvard, Vancouver, ISO, and other styles

32

Chachko, Elena. "Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Islamic Republic of Iran v. United States of America): Request for the Indication of Provisional Measures (I.C.J.)." International Legal Materials 58, no. 1 (2019): 71–119. http://dx.doi.org/10.1017/ilm.2019.2.

Full text

Abstract:

On October 3, 2018, the International Court of Justice (ICJ) issued a unanimous order indicating limited provisional measures against the United States. Iran initiated the case, Alleged Violations of the 1955 Treaty of Amity, Economic Relations, and Consular Rights (Iran v. United States), after the United States announced its decision to withdraw from the Joint Comprehensive Plan of Action (JCPOA) and revoke related sanctions relief for Iran. While the ICJ found that it had prima facie jurisdiction to hear the case—contrary to the U.S. position—the provisional measures it granted fell signifi

APA, Harvard, Vancouver, ISO, and other styles

33

Stephens, Julia. "An Uncertain Inheritance: The Imperial Travels of Legal Migrants, from British India to Ottoman Iraq." Law and History Review 32, no. 4 (2014): 749–72. http://dx.doi.org/10.1017/s0738248014000443.

Full text

Abstract:

Like many nineteenth-century travelers, Iqbal al-Daulah, a cousin of the Nawab of the Indian princely state of Awadh, navigated multiple legal systems as he migrated across Asia, Europe, and the Middle East. Living through the absorption of Awadh into the expanding British Empire, he eventually joined a community of Indian Shias in Ottoman Iraq, who regularly used British consular courts. While still in India, Iqbal al-Daulah composed a tribute in Persian and English to British justice. He described British courts in the following laudatory terms: “What Ease is afforded to Petitioners! The Doo

APA, Harvard, Vancouver, ISO, and other styles

34

Sokalska, Edyta. "American Progressivism and the U.S. Supreme Court Jurisprudence: Chinese Exclusion Cases – the Origins of the Doctrine of Consular Non-Reviewability." Przegląd Prawa Konstytucyjnego 74, no. 4 (2023): 325–39. http://dx.doi.org/10.15804/ppk.2023.04.24.

Full text

Abstract:

At the turn of the 19th and 20th centuries, the American reform movements tried to match American ideals with the challenges of the times. Progressive attitudes highlighted the necessity of reforms. The Chinese issue, often risen in the public dialogue, was the subject of deliberation of the Supreme Court, the Congress, and the federal executive branch of government. Chae Chan Ping v. United States and subsequent cases established the doctrine of consular noneviewability referring to immigration law and delineating the scope of judicial review for decisions concerning the admission of immigran

APA, Harvard, Vancouver, ISO, and other styles

35

Crook, John R. "The 2003 Judicial Activity of the International Court of Justice." American Journal of International Law 98, no. 2 (2004): 309–17. http://dx.doi.org/10.2307/3176732.

Full text

Abstract:

The International Court of Justice again completed a substantial program of work during 2003, with old and new cases involving the United States figuring prominendy. In a decision that will find Hide favor in official Washington, the Court dismissed Iran's 1992 Oil Platforms case against the United States, but in doing so firmly rejected U.S. positions regarding the scope of self-defense. Libya withdrew its venerable Lockerbie cases against the United States and the United Kingdom, in parallel with its acceptance of responsibility for the Lockerbie bombing and the final lifting of UN sanctions

APA, Harvard, Vancouver, ISO, and other styles

36

Eksteen, Riaan. "Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights." Laws 9, no. 4 (2020): 32. http://dx.doi.org/10.3390/laws9040032.

Full text

Abstract:

Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a spe

APA, Harvard, Vancouver, ISO, and other styles

37

Orakhelashvili, Alexander. "Questions of International Judicial Jurisdiction in the LaGrand Case." Leiden Journal of International Law 15, no. 1 (2002): 105–30. http://dx.doi.org/10.1017/s0922156502000055.

Full text

Abstract:

On 27 June 2001, the International Court of Justice rendered its final decision in the case of LaGrand (Germany v. United States of America), which deals with many complex issues of international law. Apart from the very interesting substantive legal issues relating to the regime of consular assistance and death penalty in international law, the Judgment of the Court contains significant principles and reflections as to the essence and scope of international judicial jurisdiction. In contrast to the traditional approach to this question, the Court's Judgment is concerned with practical and spe

APA, Harvard, Vancouver, ISO, and other styles

38

Czubik, Paweł. "Foreign powers of attorney relating to real estate – the issue of the probative value of a document and the effectiveness of a legal act from the perspective of the land and mortgage registry court." Nieruchomości@ II, no. II (2021): 27–49. http://dx.doi.org/10.5604/01.3001.0014.9265.

Full text

Abstract:

The role of foreign powers of attorney in contemporary legal and economic transactions is constantly growing. This is due to the widespread labour migration and, paradoxically, in the last year, also with difficulties in cross-border movement during the COVID-19 pandemic. In judiciary and notarial practice, the assessment of foreign documents, including powers of attorney, is a threestage process. Firstly, the court should pay attention to the probative value of a foreign document. In principle, it is equal to the probative value of a national document (Article 1138 of the Code of Civil Proced

APA, Harvard, Vancouver, ISO, and other styles

39

Graczyk, Konrad. "Prawnicy tylko dla Żydów. Konsulenci z okręgu Wyższego Sądu Krajowego w Katowicach." Studia nad Autorytaryzmem i Totalitaryzmem 45, no. 1 (2024): 59–84. http://dx.doi.org/10.19195/2300-7249.45.1.3.

Full text

Abstract:

The article is devoted to the issue of consultants, an institution introduced in the Third Reich to represent Jews in legal matters. Some of the Jewish lawyers excluded from the German bar became consultants. The article presents the legal regulation, the reasons for its issuance and its effects. Based on the personal files of three consultants from the district of the Higher National Court in Katowice, the procedure of admitting them and the conditions of their activity were presented. On the basis of court files, the manner in which they conducted their work in criminal cases was analyzed an

APA, Harvard, Vancouver, ISO, and other styles

40

Yang, Xiaodong. "IMMUNITY FOR INTERNATIONAL CRIMES: A REAFFIRMATION OF TRADITIONAL DOCTRINE." Cambridge Law Journal 61, no. 2 (2002): 239–94. http://dx.doi.org/10.1017/s0008197302221601.

Full text

Abstract:

InArrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), decided on 14 February 2002, the International Court of Justice held that an incumbent Minister for Foreign Affairs was immune from criminal proceedings before a foreign domestic court, even if the charges involved crimes against humanity. Human rights advocates might well regard this decision as a serious setback. Decided against a widespread euphoria brought forth by, and largely due to a neglect of an important dictum in, the historic holding in Pinochet No. 3 [2000] 1 A.C. 147, the case serves further to clari

APA, Harvard, Vancouver, ISO, and other styles

41

Saliceti, Alessandro Ianniello. "The Protection of EU Citizens Abroad: Accountability, Rule of Law, Role of Consular and Diplomatic Services." European Public Law 17, Issue 1 (2011): 91–109. http://dx.doi.org/10.54648/euro2011008.

Full text

Abstract:

The concept of protection of distressed citizens abroad was born inside the mainstream of theories on ‘Law of Nations’ in the seventeen and eighteen centuries. For a long time, this concept has been based on the strict relation between State and ‘its’ subjects. Since 1992, the new legal order of European Union (EU) law has given zest to the novel concept of protection of European citizens abroad, so that any EU country can intervene to protect unrepresented Europeans in third countries. Rule of law and Member State accountability are two basic milestones in EU law and well-settled case law of

APA, Harvard, Vancouver, ISO, and other styles

42

Nigro, Raffaella. "La disciplina dei militari impegnati all'estero in missioni umanitarie: in margine al caso Lozano." DIRITTI UMANI E DIRITTO INTERNAZIONALE, no. 3 (December 2009): 565–90. http://dx.doi.org/10.3280/dudi2009-003007.

Full text

Abstract:

- In the well-known Lozano case, an Italian intelligence agent, Mr Nicola Calipari, remained killed in 2005 by an American soldier, Mr Mario Luis Lozano, while entering a US checkpoint on the way to the Baghdad airport soon after securing the release of an Italian journalist from Iraqi kidnappers. In the ensuing case, Italian courts addressed a number of sensitive questions, including that of jurisdiction over national troops involved, directly or indirectly, in so-called "humanitarian missions" abroad. Italian courts did have jurisdiction over the killing under Italian domestic law. Indeed, t

APA, Harvard, Vancouver, ISO, and other styles

43

Brook, Joshua. "Federalism and Foreign Affairs: How to Remedy Violations of the Vienna Convention and Obey the U.S. Constitution, Too." University of Michigan Journal of Law Reform, no. 37.2 (2025): 573. https://doi.org/10.36646/mjlr.37.2.federalism.

Full text

Abstract:

This Note discusses various ways to bring the United States into better compliance with the 1963 Vienna Convention on Consular Relations The introduction to this Note discusses how violations of the Vienna Convention are currently treated in the United States. In particular, the introduction discusses the unsuccessful attempts to prevent the execution of Karl and Walter LaGrand, two German nationals sentenced to death in Arizona. The LaGrands were convicted after a violation of their rights under the Vienna Convention because they were not informed without delay of their right to consular noti

APA, Harvard, Vancouver, ISO, and other styles

44

Singhal, Kanhaiya. "Critical Analysis of International Dispute Resolution System in the Light of Kulbhushan Jadhav Case Study." Groningen Journal of International Law 11, no. 1 (2024): 117–28. http://dx.doi.org/10.21827/grojil.11.1.117-128.

Full text

Abstract:

In this research paper, researcher is attempting to conduct a critical analysis of the judgment pronounced by International Court of Justice in the matter of Kulbhushan Jadhav case between India and Pakistan. The case has been a landmark instance for the whole international dispute resolution mechanism persisting in current global situation. The instance has a unique significance for scholars as the disguised drawbacks of international law have been brought to light yet again. In India v. Pakistan1 (Official name of Kulbhushan Jadhav case), the International Court of Justice [ICJ] found that P

APA, Harvard, Vancouver, ISO, and other styles

45

Bradley, Curtis A., and Jack L. Goldsmith. "The Abiding Relevance of Federalism to U.S. Foreign Relations." American Journal of International Law 92, no. 4 (1998): 675–79. http://dx.doi.org/10.2307/2998129.

Full text

Abstract:

The international law community has heavily criticized the United States’ handling of the Breard case. These criticisms are understandable. Perhaps because of the rush of time, the explanations by the Department of Justice and the Supreme Court for failing to stop Breard’s execution brushed over important issues of domestic and international law. In addition, Virginia’s decision to proceed with the execution, and the federal Government’s decision not to block it, may have reflected insufficient respect for international law and institutions. These decisions may also adversely affect U.S. relat

APA, Harvard, Vancouver, ISO, and other styles

46

Morris, Virginia, and M. Christiane Bourloyannis. "The Work of the Sixth Committee at the Forty-seventh Session of the UN General Assembly." American Journal of International Law 87, no. 2 (1993): 306–23. http://dx.doi.org/10.2307/2203826.

Full text

Abstract:

At the forty-seventh session of the General Assembly, the Sixth Committee1reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Charter Committee), and the Committee on Relations with the Host Country. The Sixth Committee also considered proposals for new legal instruments relating to some aspects of sovereign immunity, consular functions, the diplomatic courier and bag, and environmental prote

APA, Harvard, Vancouver, ISO, and other styles

47

Aceves, William J. "Individual rights under Vienna Convention on Consular Relations—duty to inform detained foreign nationals of right to seek consular assistance—protections against arbitrary deprivation of life—advisory jurisdiction of Inter-American Court of Human Rights." American Journal of International Law 94, no. 3 (2000): 555–63. http://dx.doi.org/10.2307/2555324.

Full text

APA, Harvard, Vancouver, ISO, and other styles

48

Morris, Virginia, and M. Christiane Bourloyannis-Vrailas. "The Work of the Sixth Committee at the Fifty-First Session of the UN General Assembly." American Journal of International Law 91, no. 3 (1997): 542–54. http://dx.doi.org/10.2307/2954191.

Full text

Abstract:

At the fifty-first session of the General Assembly, the Sixth (Legal) Committee reviewed the annual reports of the International Law Commission (ILC), the United Nations Commission on International Trade Law (UNCITRAL), the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization (Special Committee) and the Committee on Relations with the Host Country (Host Country Committee). The Sixth Committee also considered proposals for two new legal instruments relating to (1) the establishment of a permanent international criminal court, and (2) th

APA, Harvard, Vancouver, ISO, and other styles

49

Suh, Bo-Hack. "A study of Supreme Court Decisions on Criminal Procedure in 2022." Kyung Hee Law Journal 58, no. 1 (2023): 47–91. http://dx.doi.org/10.15539/khlj.58.1.2.

Full text

Abstract:

In 2022, there were numerous Supreme Court rulings in the field of criminal procedure law. Among them, eleven important judgments with substantial meanings related to criminal practice, theory, and guarantee of basic rights of the people were selected to introduce the issues and to give a brief review. The main judgments introduced in the paper include the following; ① the court-appointed absentee property manager is a legal representative with the right to file a complaint; ② the arrest of flagrant offender requirement for 'necessity of arrest' and its criteria; ③ even when the investigative

APA, Harvard, Vancouver, ISO, and other styles

50

Schulte, C. "Jurisprudence of the International Court of Justice: Order Issued in the Case concerning the Vienna Convention on Consular Relations (Paraguay v. United States of America)." European Journal of International Law 9, no. 4 (1998): 761–62. http://dx.doi.org/10.1093/ejil/9.4.761.

Full text

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!