In the LaGrand case, the International Court of Justice seems to have created a clear precedent in favour of the binding force of provisional measures. This essay surveys the main lines of argument for and against the binding nature of provisional measures in the relevant literature, and discusses how the LaGrand case was argued in this context. The elation to be found in recent literature with regard to the ‘settlement’ of the issue of the binding force will be questioned by a discussion of the apparent adoption in international law of a system of precedents and stare decisis.

The United States has repeatedly failed to notify detained foreign nationals of their rights to consular notification and access under Article 36 of the Vienna Convention on Consular Relations. In capital cases, US non-compliance with this ratified Treaty has led to litigation by foreign governments and individual lawyers in domestic courts and international tribunals. While these efforts have had mixed results in individual cases, litigation by Mexico, Germany and other actors has led to increased compliance with Article 36, and a growing recognition of the significance of US treaty obligations.

On 27 June 2001, the International Court of Justice rendered its final decision in the case of LaGrand (Germany v. United States of America), which deals with many complex issues of international law. Apart from the very interesting substantive legal issues relating to the regime of consular assistance and death penalty in international law, the Judgment of the Court contains significant principles and reflections as to the essence and scope of international judicial jurisdiction. In contrast to the traditional approach to this question, the Court's Judgment is concerned with practical and specific aspects of jurisdiction in action, rather than dealing with general assumptions and conceptions surrounding the problem. From this point of view, the present contribution examines the significance of LaGrand as a case in which the traditional assumptions on international judicial jurisdiction are tested and reappraised.

In Germany v. United States (2001), the International Court of Justice ruled that the Vienna Convention on Consular Relations confers judicially enforceable rights on foreign nationals detained for prolonged periods or sentenced to severe penalties without notice of their right to communicate with their consulates. The Court also ruled that states which fail to give timely notice cannot later invoke procedural default to bar individuals from judicial relief. However, the Court did not clearly address other issues, such as requiring individuals to show prejudice to the outcome of the trial, or denial of certain remedies for Convention violations, which may effectively foreclose relief.