Foreigners on America's Death Rows
Autor John Quigleyen Limba Engleză Paperback – 7 aug 2019
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Specificații
ISBN-13: 9781108446778
ISBN-10: 1108446779
Pagini: 302
Dimensiuni: 230 x 150 x 15 mm
Greutate: 0.41 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
ISBN-10: 1108446779
Pagini: 302
Dimensiuni: 230 x 150 x 15 mm
Greutate: 0.41 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
Cuprins
Part 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; Part 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; Part 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; Part 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; Part 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; Part VI. The United States Stands Alone: 28. Consular access as a human right; 29. The obligation of countries of origin; 30. Collateral damage; 31. The need for new thinking; Bibliography; Index.
Recenzii
'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 and 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 US 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 2003–12
'This is a meticulously researched and scholarly work by an expert on consular law on what has become a serious bone of contention between the US and foreign governments. Of obvious appeal to lawyers, students of international relations will also find this book of interest.' D. Ettinger, Choice
'Foreigners on America's Death Rows will be of interest to a broad range of scholars - not limited to those working on American law or the use of capital punishment.' Robert Kissack, The Hague Journal of Diplomacy 14
'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 US 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 2003–12
'This is a meticulously researched and scholarly work by an expert on consular law on what has become a serious bone of contention between the US and foreign governments. Of obvious appeal to lawyers, students of international relations will also find this book of interest.' D. Ettinger, Choice
'Foreigners on America's Death Rows will be of interest to a broad range of scholars - not limited to those working on American law or the use of capital punishment.' Robert Kissack, The Hague Journal of Diplomacy 14
Notă biografică
Descriere
Investigates how foreigners charged with capital murder in the United States are deprived of rights by police and courts.