On July 16, 2008, the International Court of Justice ("ICJ" or "the Court") issued its Order On the Request for the Indication ofProvisional Measures ("Order"),1 granting Mexico's request demanding the United States, inter alia, to take all necessary measures to ensure that certain named individuals are not executed pending the judgment on the Request for Interpretation of the Judgment of 31 March 2004 in the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America)?
This is a complex and interesting decision for several reasons. First, it continues to examine the applicability and enforceability of individual rights under of the Vienna Convention on Consular Relations. Second, it examines the standard of prima facie jurisdiction in the context of requests for interpretation of a Judgment. Third, it renews the Court's strong stand on the availability and mandatory nature of provisional measures. Finally, it touches upon the relation between international law and domestic law, especially in the context of a federal system.
Chiara Giorgetti, Introductory Note to the International Court of Justice: Request for Interpretation of the Judgment in the Case Concerning Avena and Other Mexican Nationals, 47 Int'l Legal Materials 723 (2008).