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Full-Text Articles in Transnational Law
Neighboring Countries; Un-Neighborly Acts: A Look At The Extradition Relationships Among The United States, Mexico, And Canada, Dea Abramschmitt
Neighboring Countries; Un-Neighborly Acts: A Look At The Extradition Relationships Among The United States, Mexico, And Canada, Dea Abramschmitt
Florida State University Journal of Transnational Law & Policy
In the wake of the troubling Supreme Court decision in United States v. Alvarez-Machain, where the Court approved jurisdiction although the defendant had been abducted from Mexico by U.S. Drug Enforcement Agents (DEA), both Mexico and Canada have expressed dismay at what they see as a blatant violation of international law. The United States has reinforced its uncooperative position in the area of law enforcement across territorial boundaries. According to Mexico and Canada, the U.S. has disregarded both the terms of their respective extradition treaties with them as well as the basic precepts of international law. They have valid cause …
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón
Scholarly Publications
What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …