Discuss the enforceability of ICJ decisions through

THE AVENA CASE

Group 10 – Public International Law
GROUP 10 MEMBERS

NGUYỄN KHÔI
ĐÀM TUẤN ĐẠT
NGUYÊN NGUYỄN QUỲNH THU

PHẠM HỮU THANH

PHÚC LÊ XUÂN MINH HOÀNG
TABLE OF CONTENTS

01 BACKGROUND
Summary and conclusion

02 ENFORCEABILITY
Analysis the Avena case

03 QnA CORNER
You can describe the topic of
the section here
01
BACKGROUND
Summary and conclusion
DEFINITIONS
The Vienna Convention on Consular
Relations (VCCR)

● An international treaty that governs consular

relations between sovereign states, setting
guidelines for diplomatic interactions and
protection of nationals abroad.

● Article 36: law enforcement required to

inform foreign nationals they have a right to
communicate with their consulate upon
arrest.
Diplomatic Protection
Means for a state to take diplomatic and
other action against another state on behalf
of its national whose rights and interests
have been injured by that state.
 TIMELINE
1993-1999
ARREST and
SENTENCING 2003
ICJ FILING
2004
ICJ JUDGMENT

CONCLUSION
CONCLUSION

The United States

01 HAD VIOLATED
Article 36 of the VCCR

The United States

IGNORED VCCR
02 VIOLATIONS
and use its Procedural
default rule
CONCLUSION 03
Mexico
HAD THE RIGHT TO
ACCUSE
US’S VCCR violation
with the UNSC
The US
VETO THESE
JUDGEMENTS
upon UNSC and
Mexico
with 5P RULE
02
ENFORCEABILITY
This Article makes 3 points in next slide
ENFORCEABILITY
The United States legal system should not directly
implement the decision made by ICJ in the Avena
case.

The general concept of “comity” does not provide a

basis for automatically accepting the ICJ’s treaty
interpretation in Avena.

ICJ’s reasoning that the United States cannot apply

neutral rules of procedural default to bar claims
based on Article 36 should not be accepted.
ENFORCEABILITY
The United States legal system should not directly
implement the decision made by ICJ in the Avena case.

United States
Domestic could implement the
ICJ’s obligations implementation decisions
“by means of its own
ARE SEPARATE QUESTION choosing”
_Stated by The ICJ in
its Vienna Convention,
including Avena case_
 Giving the Avena decision direct effect
WOULD ALLOW THE DECISION TO
OVERRIDE OTHERWISE APPLICABLE
STATE LAW AND STATE JUDICIAL
DECISIONS
NOTHING
in the treaty relationship between

the US and the ICJ

suggests that ICJ decisions will have
direct domestic legal effect.
GENERAL CONCEPT OF
‘ COMITY ’

NOT MEANING
the United States have
COMITY to apply the ICJ’s
treaty interpretation
respect to foreign BUT RATHER
decisions
ITS WILLINGNESS TO
OBEY THE DECISION.
EXISTING US LAWS, POLICIES, AND
PRECEDENTS ALWAYS CONDITION
COMITY

Thus applying the Avena decision by the

ICJ is overriding these laws

The argument for comity also is weaker

because the United States has withdrawn
from the Optional Protocol
The US is unable to apply neutral procedural
default rules to bar 36 Article claims is
ICJ’S UNACCEPTABLE REASON

● Article 36: the rights in the Convention

“shall be exercised in conformity with
the laws and regulations of the
receiving State.”

● The Supreme Court in Breard: there is a

strong presumption that the procedural
rules of the forum state govern the
implementation of a treaty in that state.
THANK YOU FOR
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TABLE OF CONTENTS

01 PURPOSE
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04 METHODOLOGY
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the section here the section here

02 HYPOTHESIS
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05 ANALYSIS
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the section here the section here

03 OBJECTIVES
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06 CONCLUSIONS
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 INTRODUCTION
You can give a brief description of the topic you want
to talk about here. For example, if you want to talk
about Mercury, you can say that the planet's name has
nothing to do with the liquid metal, since Mercury was
named after the Roman messenger god
01
PURPOSE
You can enter a subtitle here if you need it
ENFORCEABILITY
WHAT ABOUT DEATH PENALTY?
Mercury is the closest planet to the Sun and the smallest one in the Solar
System—it’s only a bit larger than the Moon

WHAT ABOUT CAPITAL PUNISHMENT?

Venus has a beautiful name and is the second planet from the Sun. It’s
terribly hot—even hotter than Mercury—.

WHAT ABOUT HUMAN RIGHTS?

Jupiter is a gas giant and the biggest planet in the Solar System. It's the
fourth-brightest object in the night sky
“This is a quote. Words full of
wisdom that someone
important said and can make
the reader get inspired.”
— SOMEONE FAMOUS
CURRENT SITUATION & PROBLEM
STATEMENT
EARTH
01 Earth is the third planet
from the Sun
CURRENT
SITUATION MARS
Jupiter is a gas giant and 02 Mars is actually a cold
place
PROBLEMS
the biggest planet in the
Solar System
MERCURY
03 Mercury is the smallest
planet
MOST FAMOUS SENTENCES
1996
VENUS
Venus has a beautiful
2012 name and is the second 2022
planet from the Sun
MARS MERCURY
Despite being red, Mars It’s the closest planet to
is actually a very cold the Sun and the smallest
place to live one
AWESOME
WORDS
HYPOTHESIS

HYPOTHESIS 1 HYPOTHESIS 2
Mercury is the closest planet to Jupiter is a gas giant and the
the Sun and the smallest one in biggest planet in the entire
the Solar System Solar System

HYPOTHESIS 3 HYPOTHESIS 4
Venus has a beautiful name and is Despite being red, Mars is
the second planet from the Sun. actually a very cold place. It’s full
It’s terribly hot of iron oxide dust
STUDY OBJECTIVES

MARS VENUS MERCURY

Despite being red, Mars Venus has a beautiful It’s the closest planet to
is actually a very cold name and is the second the Sun and the smallest
place to live planet from the Sun one
LITERATURE REVIEW
● AUTHOR (YEAR). Title of the publication. Publisher
○ Mercury is the closest planet to the Sun
● AUTHOR (YEAR). Title of the publication. Publisher
○ Mars is full of iron oxide dust
● AUTHOR (YEAR). Title of the publication. Publisher
○ Jupiter is a gas giant and the biggest one
● AUTHOR (YEAR). Title of the publication. Publisher
○ Venus has a beautiful name
● AUTHOR (YEAR). Title of the publication. Publisher
○ Earth is the third planet from the Sun
A PICTURE IS
WORTH A
THOUSAND
WORDS
THEORETICAL FRAMEWORK
THEORETICAL FRAMEWORK

KEY TERMS THEORIE 1

● Mercury is small Despite being red, Mars is OUR FRAMEWORK
● Earth harbors life actually very cold
● Jupiter is quite big Saturn is a gas giant and has
● Venus is very hot several rings on it
THEORIE 2
● Mars is cold
● Saturn has rings Neptune is the fourth-
● Neptune is far largest planet
SCHEDULE
TASK 1

TASK 2

TASK 3

JAN FEB MAR APR MAY

TASK DESCRIPTION DATE STATUS

MARS Mars is actually a very cold place Jan 1 - Mar 15 Completed

EARTH Earth is where we all live Feb 1 - Apr 15 In progress

VENUS Venus has a beautiful name Apr 1 - May 30 Delayed

METHODOLOGY

MARS MERCURY
Mars is actually a Mercury is the
cold place smallest planet

Earth is the third Venus is a very Saturn has Jupiter is the

planet from Sun hot planet several rings biggest planet
ANALYSIS & DEVELOPMENT
PHASE 1
● Mercury is the closest planet to the Sun and
the smallest one in the Solar System—it’s
only a bit larger than our Moon
● Jupiter is a gas giant, the biggest planet in the
Solar System and the fourth-brightest object
in the night sky
● Neptune is the farthest planet from the Sun.
It's also the fourth-largest planet by diameter
in the Solar System
PHASE 2
● Venus has a beautiful name and is the second
planet from the Sun. It’s terribly hot—even
hotter than Mercury
● Saturn is a gas giant and has several rings.
This planet is composed mostly of hydrogen
and helium
● Earth is the third planet from the Sun and the
only one that harbors life in the Solar
System. This is where we all live on
ANALYSIS & DEVELOPMENT
MARS
Mars is a cold place
Follow the link in the graph to modify its data and then paste the new one here. For more info, click here
Mercury is the closest planet to the Sun
and the smallest one in the Solar
System—it’s only a bit larger than our
Moon. The planet’s name has nothing to
do with the liquid metal
● The Sun is the star at the center of the
Solar System
● Jupiter is the biggest planet in the entire
Solar System
MERCURY ● Saturn is composed mostly of hydrogen
Mercury is small and helium
ANALYSIS OF THE RESULTS

70%
Mars is actually a
cold place

30%
Mercury is the
smallest planet

Follow the link in the graph to modify its data and then paste the new one here. For more info, click here
 9,200,000 KM²
Mercury is the smallest planet

67,700 PEOPLE
Venus has high temperatures

24H 37M 23S

Saturn is one of the planets with rings
THIS IS A TIMELINE

01 02 03 04
MERCURY MARS EARTH VENUS
Mercury is the Mars is actually a Earth is the third Venus is the second
smallest planet cold place planet from the Sun planet from the Sun
DISCUSSION
MERCURY
Mercury is the closest planet to the
01 DISCUSSION 1
Mars is actually a very cold
Sun and the smallest one in the Solar place to live in
System—it’s only a bit larger than our
Moon. The planet’s name has nothing
to do with the liquid metal 02 DISCUSSION 2
Saturn is composed mostly of
● The Sun is the star at the center of the hydrogen and helium
Solar System
● Jupiter is the biggest planet in the entire
Solar System
03 DISCUSSION 3
Venus has a beautiful name
and high temperatures
 8,378,49
Big numbers catch your audience’s attention and
support the topic
CONCLUSIONS

MERCURY MARS VENUS

Mercury is the Despite being red, Venus has a
smallest planet of Mars is actually a beautiful name, but
them all cold place is very hot

SATURN JUPITER NEPTUNE

Saturn is not the Jupiter is the biggest Neptune is the
only planet with planet of them all farthest planet from
several rings the Sun
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