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Comparative Law as Transnational LawA Decade of the German Law Journal$
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Russel A. Miller and Peer C. Zumbansen

Print publication date: 2011

Print ISBN-13: 9780199795208

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199795208.001.0001

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Avena and Sanchez-Llamas Come to Germany †

Avena and Sanchez-Llamas Come to Germany †

The German Federal Constitutional Court Upholds Rights Under the Vienna Convention on Consular Relations

(p.129) 13 Avena and Sanchez-Llamas Come to Germany
Comparative Law as Transnational Law

Jana Gogolin

Oxford University Press

This chapter presents a case note from 2007 which analyzes a judgment of the Federal Constitutional Court that held that, with some limits, decisions of international tribunals should be given full force within Germany's domestic legal system. The United States Supreme Court's different resolution of a similar set of questions is an important comparative backdrop to the article. The Federal Constitutional Court's struggle to determine the domestic enforceability of a judgment of the International Court of Justice is described.

Keywords:   Federal Constitutional Court, international tribunals, German law, domestic legal system, International Court of Justice

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