International Law Commons^™

The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein

Vanderbilt Journal of Transnational Law

This Article will examine the political ramifications of the extradition process and the need for compromise to prevent domestic politics from undermining the ends of law enforcement. This Article will also suggest possible measures to ease the complications that extradition poses to international law enforcement cooperation. Part II of this Article will examine the facts of the most recent and dramatic example of the politics of extradition as played out in the Sheinbein case. Part III will analyze other issues which have placed obstacles in the path of practical law enforcement and international relations, and the way that the United …

The Doctrine Of Specialty: An Argument For A More Restrictive Rauscher Interpretation After State V. Pang, Hugh C. Thatcher

Vanderbilt Journal of Transnational Law

This Note examines how U.S. courts have weakened the specialty doctrine in treaty-based extradition to the United States. Although courts have consistently paid lip service to its vitality, the doctrine of a specialty has often been set aside to allow prosecution for additional offenses. This Note examines the primary line of inquiry that has been used by courts to interpret the doctrine, and suggests that it is incorrect. A correct interpretation of the doctrine requires a presumption that the extradited person may not be charged with additional offenses. Part II of this Note will outline the doctrine of specialty and …

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny

Vanderbilt Journal of Transnational Law

This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.

Extradition And United States Prosecution Of The Achille Lauro Hostage-Takers: Navigating The Hazards, Jordan J. Paust

Vanderbilt Journal of Transnational Law

On October 7, 1985, members of a Palestinian group hijacked the passenger ship Achille Lauro. Not only did the hijackers hold more than one hundred passengers and crew members hostage for several days, but they murdered one of the passengers, Leon Klinghoffer, a United States national. On October 9 the hijackers released the vessel and remaining hostages. On October 10 the hijackers and an alleged mastermind of the operation, Mr. Abbas, were on board an Egyptian aircraft flying over the high seas in the Mediterranean when United States military aircraft intercepted the Egyptian aircraft and forced it to land in …

Terrorism, Extradition, And Fsia Relief: The Letelier Case, Eric H. Singer

Vanderbilt Journal of Transnational Law

The cases involving Orlando Letelier and Michael Townley raise a number of questions about extradition and state-sponsored terrorism. As shown by the United States' failure to obtain the three Chilean requestees (and Argentina's failure to obtain Townley), extradition is an unreliable and thus inadequate means to cope with state-sponsored terrorism. To deter such conduct may call for greater inventiveness in identifying and implementing effective sanctions. The Foreign Sovereign Immunities Act (FSIA) seemingly offers an alternative to extradition and a remedy for acts of state-sponsored terrorism under its noncommercial torts exception. This remedy, however, is uncertain in light of recent court …

Nazi War Criminals In The United States: It's Never Too Late For Justice, David R. Gelfand

Vanderbilt Journal of Transnational Law

While this note focuses on Nazi war criminals living in the United States, it calls for international cooperation in prosecuting war criminals. It traces the history of post-war agreements relating to the prosecution of Nazi war criminals, and their application at the Nuremberg Trials. This note then examines how Nazi war criminals entered the United States following World War II, and how they have lived here for four decades virtually unnoticed. Additionally, this note analyzes the recent efforts of the Office of Special Investigations (OSI), a branch of the Department of Justice, to prosecute Nazi war criminals living in the …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY-- An Owner Must Arbitrate a Claim that a Parent Company Assigned to its Subsidiary when the Owner Contemplated such Arbitration in a Contract with the Subsidiary

2. DIPLOMATIC IMMUNITY-- United Nations Employees not Accorded Diplomatic Immunity in Cases of Espionage; Recapture of Stolen Classified Information Diplomat does not Violate Diplomatic Immunity

3. EXTRADITION-- United States Extradition Treaty Applicable to all Enumerated Crimes regardless of the Sentence Imposed

4. INTERNATIONAL PATENT REGULATION-- Motion Requesting Benefit of Foreign Patent in Patent Interference Action is Proper without Supporting Statement of Reasons when Opponent can Fairly Respond

5. JURISDICTION AND PROCEDURE-- Dismissal …

Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt

Vanderbilt Journal of Transnational Law

Admiralty--Workmen's Compensation--Receipt of Benefits under State Workmen's Compensation Act containing Exclusive Remedy Provision does not Bar Subsequent Action against Employer for Unseaworthiness

Patricia D. Owen

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Common Market--Council Regulations--Regulation Stake Precedence over Provisions of Member States' Constitutions

Jeffery R. Rush

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Discovery--Aid to Foreign or International Tribunals--United States Courts can Compel Testimony only on Behalf of Foreign or International Tribunals Empowered to make Binding Adjudications

Frank R. Krok

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Extradition--Statute of Limitations--mere Absence is not Equivalent to Fleeing from Justice under 18 U.S.C. § 3290

Paul P. Sanford

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International Court of Justice--Procedure Temporary Relief in the Form of Interim …