Breard and the Federal Power to Require Compliance With ICJ Orders of Provisional Measures
Bibliographic Data
| ID | 9545937 |
|---|---|
| Authors | Carlos Manuel Vázquez (Georgetown University, corresponding author) |
| Year | 1998 |
| Volume | 92 |
| Issue | 4 |
| Pages | 683-691 |
| Publication date | 1998-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | American Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0002-9300 • E-ISSN: 2161-7953 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/2998131 |
| OpenAlex | W3121856822 |
| Language | EN |
| Citations received | 1 |
Among the puzzling aspects of the Breard episode was the Clinton administration’s claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard’s execution lay exclusively in the hands of the Governor of Virginia. The ICJ’s Order provided that “[t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings.” The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, there would be no authority in the federal Government to require a postponement of the execution. As the administration explained to the Supreme Court
Administration (probate law · Business · Economic Justice · Federal court · Government (linguistics · Governor · International court · International law · Order (exchange · Political science · Position (finance · Postponement · Power (physics · Public international law · Supreme court · Engineering · Finance · International Law and Aviation · International Law and Human Rights · Law
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,05 |
| Citation span | 2006 - 2006 (1) |
| Citation velocity | historical |
| Highly cited | No |