The facts

Article Abstract:

The facts in Breard v. Virginia represent an instance where the procedural history of a case overrode any requirements under the Vienna Convention on Consular Relations of 1963. Breard v. Virginia concerns a 1993 conviction of a 1992 homicide by Paraguayan Angel Francisco Breard. The Paraguayan consular officials did not learn about the case until 1996. Breard had been by then sentenced to death. The Virginia governor refused a stay of execution and the US Supreme Court ruled that Breard did not have the right to file a claim under the Vienna Convention after he had failed to do so in the state courts.

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Provisional measures, U.S. treaty obligations, and the states

Article Abstract:

Both the US and Virginia failed to comply with the International Court of Justice's (ICJ) decision in Paraguay v. United States. The ICJ ruled the US should prevent the execution of a Paraguayan convicted of homicide in Virginia until the ICJ reviewed the case. The Dept of State claimed the ICJ issued a nonbinding decision. The state of Virginia should have recognized it is constitutionally mandated to enforce treaties signed by the US and the US should have enforced the relevant treaty, the Vienna Convention on Consular Relations.

International

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Territorial sovereignty of islands and other maritime features - sovereignty of low tide elevations - presumptions with respect to sovereignty - critical date - treaty interpretation

Article Abstract:

The author examines the arbitration proceedings between Eritrea and Yemen over disputed islands in the Red Sea, based on a 1996 agreement between the countries.

Eritrea, Yemen, Laws, regulations and rules, Islands, International mediation, Boundary disputes, Red Sea

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