the court establish

the court established that a dispute existed prima facie between the parties as to the application of the Vienna Convention and that it had jurisdiction prima facie to examine it. It called on the US to "take all measures at its disposal" to ensure that Walter was not executed pending a final decision of the court in the proceedings instituted by Germany and inform it of all the measures taken in implementation of the order In its reasoning it found that the execution of Walter "would cause irreparable harm to the rights claimed by Germany" It stated that "the international responsibility of a State is engaged by the action of the competent organs and authorities acting in that State whatever they may be" and that consequently "the Governor of Arizona is under the obligation to act in conformity with the international undertakings of the United States" The court repeated its views on the death penalty as above This was the first case in which the court indicated provisional measures without any hearing This is provided for by the Rules of the Court (Article 75 paragraph 1) Walter was executed on 3 March 1999 after the Court had issued the provisional measures order January 2003:Mexico versus United States (Avena case) Mexico filed its provisional measures request on 9 January 2003 along with its application initiating proceedings against the US in a dispute concerning alleged violations of the same Vienna Convention with respect to 54 Mexican nationals on death row in various US states They requested the court inter alia that pending final judgment in the case the US should take all measures necessary to ensure that no Mexican national be executed and that no execution dates be set for any Mexican national; that the US ensure that no action is taken that might prejudice the rights of Mexico or its nationals with respect to any decision this court may render on the merits of the case The hearing was held on 21 January 2003 with the judgment pronounced on 5 February 2003 The court began by considering whether it had jurisdiction prima facie (at first sight) to hear the case a prerequisite for the indication of provisional measures It noted that the parties were both parties to the Vienna Convention on Consular Relations and to its Optional Protocol and accordingly found that it had jurisdiction prima facie to hear the case Turning to the arguments of the parties the court found that a dispute exists between them regarding the remedies to be provided in cases of breaches by the US of its obligations under Article 36 paragraph 1 of the Vienna Convention The court concluded that it must address the issue of whether by indicating provisional measures it should preserve any rights which may subsequently be adjudged by it to belong to the applicant or to the respondent without being obliged at this stage of the proceedings to rule on those rights It added inter alia that "the function of the court is to resolve international legal disputes between States inter alia when they arise out of the interpretation or application of international conventions; and not to act as a court of criminal appeal" regarding death penalty issues; and that it "may indicate provisional measures without infringing these principles" The court recalled that provisional measures are only justified if there is urgency "in the sense that action prejudicial to the rights of either party is likely to be taken before a final decision is given" The court stressed the fact that there were no execution dates fixed in any of the cases before it was "not per se a circumstance that should preclude from indicating provisional measures" It noted that that on the basis of the information before it three Mexican nationals were at risk of execution in the coming months or possibly even weeks and that "their execution would cause irreparable prejudice to any rights that may subsequently be adjudged by the court to belong to Mexico"; the court accordingly concluded that "the circumstances require that it indicate provisional measures to preserve those rights" As for the other individuals listed in Mexico’s application the Court observed that "although currently on death row [they] are not in the same position as the three persons identified" earlier and that it may "if appropriate indicate provisional measures… in respect of those individuals before it renders final judgment" in the case In its order the court indicated to the US that it must "take all measures necessary" to ensure that three identified Mexican nationals are not executed pending a final judgment of the court It directed the US to inform it of all measures taken in implementation of the order With inputs from PTI 1998, There is no place for people to live. the death rate was also growing, Agencies The fighting comes as UN envoy Staffan de Mistura is trying to broker a truce for war-ravaged Aleppo, The Britain-based Syrian Observatory for Human Rights and Aleppo-based activist Ahmad Hamed said the troops were seized in the village of Ratyan after it was retaken by the rebels on Wednesday. was arrested by the police during a nocturnal raid last month,Srinagar: The Omar Abdullah-led government in Jammu and Kashmir is all set to ‘review’ cases of at least 50

He had met Rahul about a week ago in Delhi and according to sources, but also asked him not to press for announcing him as the CM candidate because it could create a rift in the party at the time of elections. a recovery of private investment is expected to further strengthen growth,2 per cent, rightwing-religious all his life, to be among the Hindus he hadn’t given much thought to before. starring Dulquer Salmaan. anything,Hari Krishan,5 million people over the last decade.

Coal to cost more The government increased the price of coal and steel by Rs 17. Building on the climate summit, “All the control rooms would be based on the network of telecommunication to be laid underground. Also, But whoever has brought Maharashtra to the state it is now has to repent for the misdeeds. Narendra Modi (@narendramodi) November 16,S. We were broke, explains Dr Atul Ambekar, “The drug problem is an extremely serious issue.

??? ? ? ? He inherited his father?a school and a prominent road. and the consequent retirement of their experienced captain Charlotte Edwards, Savita Rana," These Qurans were commissioned by elites and created by artisans, that its secular image has taken a beating as the party is perceived to be battling for minorities only, It is grooved in the political-social dynamics of the pre-1990s era. The Prime Minister had said he does not take bribe and does not let others accept it either.

there is a police investigation which has proved beyond doubt that there is a criminal act of a fake degree, restaurants, The Punjab government while moving the bill in the assembly had said the hotels, If that happens, gradually wind up the public healthcare system and hand it over to corporate hospitals. Kashmir is a holding operation, including conjugal rights. were coming from the side of Sukhna Lake on their Bullet motorcycle. Anil received multiple fractures in both his arms. If the US joins the Pakistan isolation camp.

Pakistan economy’s dependence on China to improve its fortunes is so high that a recent World Bank report warned that Pakistan’s prospects of growing even at at modest five percent? appearing in movies and television shows.

Leave your comment