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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Political and Public International Law

A State Party detains a foreign visitor on a criminal charge. Officials argue that local law authorizes detention, so neither arbitrariness nor access to a court can be examined. The visitor seeks judicial review of detention. Assume no valid derogation. Which Article 9 analysis is correct?

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Only the sending State may ask a court to review detention. All detention of foreigners is automatically unlawful. Domestic authorization alone conclusively satisfies every requirement. The prohibition of arbitrariness and the right to judicial review remain relevant; domestic authorization alone does not end the inquiry.

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