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Case explanation · Public International Law

Avena Case (Mexico v. United States, 2004) | Consular Rights | Article 36 VCCR | PIL

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Avena and Other Mexican Nationals (Mexico v. United States), ICJ 2004, explained in simple language: how the United States failed to inform Mexican nationals on death row of their right to consular assistance under Article 36 of the Vienna Convention on Consular Relations, 1963, and why the Court ordered review and reconsideration of their convictions and sentences. Useful for LL.B., CLAT PG, UGC NET Law and judiciary exams. Case law note for Public International Law. FREE law notes, quizzes and study materials: https://www.thelaweasy.com

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After a French ship collided with a Turkish ship on the high seas, the P.C.I.J. held in 1927 that Turkey could try the French officer, because international law did not forbid it. The case gave the 'Lotus principle': a State is free to act unless a rule of international law prohibits it. Its specific rule on collisions at sea was later reversed by treaty, now Article 97 of UNCLOS, 1982.

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