One of the important consequences of the Avena judgment is that the Federal Constitutional Court in Germany found not only that German authorities were under a binding obligation to provide consular access, but that the German courts could, in fact, remedy violations of that obligation. You have a dichotomy here, where a country that wasn't even involved in the Avena litigation has said, well, this applies to all of us. This is a binding judgment; it's an interpretation of a multilateral treaty and should apply to all countries equally. There is certainly language in the Avena judgment to support that.
I would say that, in my experience, the compliance is improving in the United States. I'm not sure it's because of the ICJ. It's improving because the awareness of consular rights issues has percolated through the criminal defence community and through the prosecutorial and police communities. There are now police organizations that, as part of their accreditation standards, require that there be a policy in place to advise foreign nationals of their consular rights, a policy to ensure that consulates have access. These things are baby steps; they're incremental, but they're important elements toward a fuller compliance.
On remedies, I just worked on a case in Nevada of a Mexican national under sentence of death where, lo and behold, the court, on appeal, on remand, found that the denial of timely consular access was prejudicial and tossed out the death sentence.