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Vol 23 No 8 Aug/Sept 18

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Cover of Service Charges: Law and Practice

Service Charges: Law and Practice

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Foreigners on America's Death Row: The Legal Combat over Access to A Consul (eBook)


ISBN13: 9781108642255
Published: May 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £68.00 + £13.60 VAT
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At a time when more and more people travel far beyond their own shores, the possibility to contact a consulate is an important protection against arbitrary detention and conviction abroad.

In this volume, John Quigley, probably the most knowledgeable US expert regarding the law and practice of consular relations, gives a comprehensive account of the successful fight for creating an individual right to consular information and contact in international law and before international courts, and of the less successful quest for enshrining such a right in domestic law in the US in particular in cases where it counts most: after the pronouncement of the death penalty against a foreigner.

This account is a timely and forceful argument for implementing international law for the sake of foreigners being detained and prosecuted in an alien court system. Justice Andreas Paulus, Federal Constitutional Court of Germany; former counsel for Germany in the LaGrand case before the International Court of Justice Quigley's book is both impressive and deeply disturbing. It depicts the grim story of how access to consular assistance by foreigners facing the death penalty, increasingly recognized as a human right, continues to be depreciated by the U.S. judiciary out of a mix of stubbornness, ignorance and arrogance. Bruno Simma, former Co-Agent and Counsel for Germany in the LaGrand Case and Judge at the International Court of Justice 2003 - 2012.

Subjects:
Other Jurisdictions , eBooks, USA
Contents:
I: Leveling the Playing Field
1. Consular Access as an Antidote
2.Treaty Rights for Foreigners
3. Making Treaty Rights Stick
4. United States on Board
II: Death Cases Intrude
5. American Consuls in Blindfolds
6. The First Capital Cases
7. American Law: A Legal Labyrinth
8. Capital Punishment and Human Rights
9. Why Treaties Matter
III: Into the Lion's Den
10. Foreign Countries Go to Court
11. First Brush with the World Court
12. The United States against the Western Hemisphere
13. Paraguay Out, Germany In
14. Inter-American Court Deals a Blow
15. Two Different Planets
16. Federal Courts Reject Consular Claims
17. Uncle Sam in a Corner
IV: Keeping the World at Bay
18. World Court Debacle
19. Lagrand Sows Confusion
20. Inter-American Commission in Shock
21. World Court Says Judges Must Act
22. Exiting the World Court
V: Coping with the Fallout
23. Supreme Court Nixes Remedies
24. Texas Courts Refuse President Bush
25. Supreme Court Rejects World Court
26. A Legislative Fix Proves Elusive
27. Condemned Mexicans after the Avena Case
VI: The United States Stands Alone
28. Consular Access as A Human Right
29. The Obligation of Countries of Origin
30. Collateral Damage
3.1 The Need for New Thinking
Bibliography
Index.