The Court notes that it is not disputed that the LaGrands sought to plead the Vienna Convention in United States courts after they learned in 1992 of their rights under the Convention; it is also not disputed that by that date the procedural default rule barred the LaGrands from obtaining any remedy in respect of the violation of those rights. Counsel assigned to the LaGrands failed to raise this point earlier in a timely fashion. However, the United States may not now rely before this Court on this fact in order to preclude the admissibility of Germany's first submission, as it was the United States itself which had failed to carry our its obligation under the Convention to inform the LaGrand brothers.
This is a preview of subscription content, log in via an institution.
Buying options
Tax calculation will be finalised at checkout
Purchases are for personal use only
Learn about institutional subscriptionsRights and permissions
Copyright information
© 2009 Max-Planck-Gesellschaft zur Förderung der WissenschaftenWissenschaften e.V
About this chapter
Cite this chapter
(2009). The Foundations of International Law. In: Max Planck Institute for Comparative Public Law and International Law. World Court Digest, vol 4. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-540-87467-6_1
Download citation
DOI: https://doi.org/10.1007/978-3-540-87467-6_1
Publisher Name: Springer, Berlin, Heidelberg
Print ISBN: 978-3-540-87466-9
Online ISBN: 978-3-540-87467-6
eBook Packages: Humanities, Social Sciences and LawLaw and Criminology (R0)