Law Commons^™

Cartel Criminalization In Europe: Addressing Deterrence And Institutional Challenges, Francesco Ducci

Vanderbilt Journal of Transnational Law

This Article analyzes cartel criminalization in Europe from a deterrence and institutional perspective. First, it investigates the idea of criminalization by putting it in perspective with the more general question of what types of sanctions a jurisdiction might adopt against collusive behavior. Second, it analyzes the institutional element of criminalization by (1) discussing the compatibility of administrative enforcement with the potential de facto criminal nature of administrative fines under European law and (2) evaluating the trade-offs between an administrative and a criminal model of enforcement. Although a "panoply" of sanctions against both corporations and individuals may be necessary under a …

Predictive Due Process And The International Criminal Court, Samuel C. Birnbaum

Vanderbilt Journal of Transnational Law

The International Criminal Court (ICC) operates under a regime of complementarity: a domestic state prosecution of a defendant charged before the ICC bars the Court from hearing the case unless the state is unable or unwilling to prosecute the accused. For years, scholars have debated the role of due process considerations in complementarity. Can a state that has failed to provide the accused with adequate due process protections nonetheless bar a parallel ICC prosecution? One popular view, first expressed by Professor Kevin Jon Heller, holds that due process considerations do not factor into complementarity and the ICC could be forced …

Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle

Vanderbilt Journal of Transnational Law

Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …

Recent Decisions, Robert L. Morgan, Sybil C. Peyer

Vanderbilt Journal of Transnational Law

TREATY ON THE EXECUTION OF PENAL SENTENCES--Federal Court is not Precluded from Using Mexican Conviction as Evidence of Prior Conduct in Enhancing Subsequent Sentence, United States v. Fleishman, 684 F.2d1329 (9th Cir. 1982).

The instant decision examines for the first time two significant issues surrounding the repatriation of United States prisoners from Mexico under TEPS: the legality of prisoner challenges to the collateral effects of a Mexican conviction and the use of a Mexican conviction to enhance a subsequent sentence. By refusing to extend the Rosado holding to preclude "collateral effects" challenges, the instant court wisely recognized the importance of …