Breard v. Pruett

Abstract

22Consular relations — Vienna Convention on Consular Relations, 1963 — Article 36(1)(b) — Paraguayan citizen sentenced to death by United States court — Failure of United States authorities to inform him of right to contact Paraguayan consulate — Alleged treaty violation by United States of America — “Vienna Convention claim” — Relevance of claim in federal habeas corpus relief — Failure to raise claim before State court — Whether amounting to procedural default — Paraguayan citizen and Paraguay petitioning United States Supreme Court for certiorari and applying for stay of executionRelationship of international law and municipal law — Treaties — Vienna Convention on Consular Relations, 1963, in force since 1969 — Procedural rules of forum State governing implementation of treaty in that State under international law — Rule requiring development of factual basis for claim in State court proceedings — Anti-terrorism and Effective Death Penalty Act 1996 — Status of treaties according to the United States Constitution — Status of Act of Congress — Whether Act subsequent to treaty prevailing in event of conflictInternational Court of Justice — Paraguay instituting proceedings against United States of America — Indication of provisional measures — Merits phase pending — Relevance of International Court of Justice's interpretation of Vienna Convention on Consular Relations, 1963 — Response of United States court — Obligation to act on basis of law — Role of Executive — Governor of Virginia having prerogative to opt for stay of execution in order to await judgment of International Court of Justice — The law of the United States of America