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Mexico-United States Extradition And Alternatives: From Fugitive Slaves To Drug Traffickers - 150 Years And Beyond The Rio Grande's Winding Courses, Bruce Zagaris, Julia Padierna Peratta

American University International Law Review

No abstract provided.

A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown

ILSA Journal of International & Comparative Law

The voyage towards an evaluation of the first international war crimes trial in fifty years is perilous

Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman

ILSA Journal of International & Comparative Law

The Treaties

The recent ratification by the United States of the International Covenant on Civil and Political Rights (ICCPR)' and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention)2 raise important possibilities for the rights of criminal defendants in United States courts

United States Extradition Process: Changes In Law To Address Constitutional Infirmity, Benjamin N. Bedrick

Penn State International Law Review (1982 - 2011)

No abstract provided.

Reasonable Doubt: How In The World Is It Defined?, Thomas V. Mulrine

American University International Law Review

No abstract provided.

New Conventions On Extradition In The European Union: Analysis And Evaluation, G. Vermeulen, T. Vander Beken

Penn State International Law Review (1982 - 2011)

No abstract provided.

Access Rights: A Necessary Corollary To Custody Rights Under The Hague Convention On The Civil Aspects Of International Child Abduction, Priscilla Steward

Fordham International Law Journal

This Note argues that the aspect of the Hague Abduction Convention addressing access rights is ineffective because it has forced some courts to misconstrue provisions of the Hague Abduction Convention in order to carry out the Convention's intent. This Note further argues that the burden of establishing the absence of a wrongful removal or retention should fall upon the parent who has removed the child. This Note also argues that the Hague Conference should amend the Convention to order a court to enforce previously ordered access rights in the child's new habitual residence. Part I provides an historical background on …

Progress And Challenges In International Criminal Justice, Louise Arbour

Fordham International Law Journal

Speech given at Session 4: The Legal Profession and Human Rights. Louise Arbour discusses the differences between the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, the marriage between international law which principally governs state relationships and criminal law which governs personal conduct, and how this contributes to the development of international humanitarian law.

United States V. Mcdougald: The Anathema To 18 U.S.C § 1956 And National Efforts Against Money Laundering, Mathew Paulose Jr.

Fordham International Law Journal

This Comment argues that the Sixth Circuit should overrule McDougald. Part I discusses the purpose, process, and problems of the crime generally known as money laundering. Part I also discusses national efforts against money laundering, and in particular, the United States' efforts through Section 1956 of the Money Laundering Control Act. Part I concludes by discussing the Salinas-Citibank Affair and the probable prosecution of Citibank for money laundering violations. Part II reviews the Sixth Circuit's line of cases leading up to and including the McDougald decision. Part II also contrasts McDougald by reviewing the decisions of the United States …

Closing Remarks, John Salter

Fordham International Law Journal

This closing remark conatins the text of John Salter's speech closing the conference organized by the Human Rights Institute to commemorate the Fiftieth Anniversary Celebration of the International Bar Association.

Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol

University of Miami Inter-American Law Review

No abstract provided.

The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf

Faculty Publications

In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …

Session 4: The Legal Profession And Human Right: Questions And Answers Moderated By Desmond Fernando, Hans Corell, Fali Nariman, Jerome J. Shestack, Louise Arbour

Fordham International Law Journal

No abstract provided.

The Politics Of Establishing An International Criminal Court, Michael P. Scharf

Faculty Publications

Any substantive evaluation of the plan for an international criminal court requires first an understanding of the political currents that underlie the competing proposals. This piece briefly explores the politics of creating a permanent international criminal court. In particular, this comment examines three related issues: (1) the need for an international criminal court, (2) the political obstacles involved in creating such an institution, and (3) the prospects for success in light of these obstacles.

[1996 Developments Concerning] International Courts And Tribunals, Roger P. Alford, Keith Highet, Peter H.F. Bekker

Journal Articles

The most significant developments in 1996 regarding international courts and tribunals are reviewed herein, particularly events relating to the International Court of Justice, the European Court of Justice, and the proposed Permanent International Criminal Court. Other significant developments relating to the International Criminal Court for the Former Yugoslavia, the International Criminal Court for Rwanda, and the World Trade Organization are detailed in other reports in this issue.

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys’ fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the “death row phenomenon.” The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …

The Criminal Time Bomb: An Examination Of The Effect Of The Russian Mafia On The Newly Independent State Of The Former Soviet Union, Peter Daniel Dipaola

Indiana Journal of Global Legal Studies

No abstract provided.

Judgment At The Hague, Ruti Teitel

Articles & Chapters

No abstract provided.

Conundrums Of Armed Conflict: Criminal Defenses To Violations Of The Humanitarian Law Of War, Matthew Lippman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Surviving The Solution: The Extraterritorial Reach Of The United States, Kirk W. Munroe

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Impact Of Recent Money Laundering Legislation On Financial Intermediaries, Nicholas Clark

Penn State International Law Review (1982 - 2011)

No abstract provided.

Money Laundering And Wire Transfers: When The New Regulations Take Effect Will They Help?, Fletcher N. Baldwin Jr.

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman

ILSA Journal of International & Comparative Law

This paper will attempt to make the case that the criminalization of racist speech in the form of hate propaganda could survive a First Amendment challenge. Section I examines the elemental harms caused by hate propaganda and the compelling reasons why such speech should be criminalized

United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa

ILSA Journal of International & Comparative Law

"Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest tossed to me: I lift my lamp beside the golden door." Those are the words of Emma Lazarus, inscribed on the Statute of Liberty.

Jurisprudential Support For Exemplary Damage Awards: A Dichotomy Between England And Other Common Law Jurisdictions, Alan Reed

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Comments On The International Criminal Court, Evan T. Bloom

ILSA Journal of International & Comparative Law

I understand that I am substituting for Cherif Bassiouni. Those are big shoes to fill, and instead of providing the very detailed discussion of the history of the International Criminal Court (ICC) and all its component parts which he is uniquely qualified to deliver, I will instead provide my own very brief overview of where we are on the proposal to establish an ICC.

The Dichotomy Of Executive Immunity: A Comparative Analysis Between The United States And Great Britain, Leonard Wilder

ILSA Journal of International & Comparative Law

Politicians get away with murder! This common statement tends to reflect how many feel about the privileged class of people who make and enforce the law. Nevertheless, the litigious nature of the United States has caught up with the current President of the United States, Bill Clinton.

U.S. Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julia Ernst

Michigan Journal of Gender & Law

The purpose of this article is to highlight the need for ratification of the Convention by the United States, and to address arguments against ratification. Various concerns have been raised with respect to CEAFDAW, both specific to the United States and more international in scope. Some problems pertain to United States ratification generally, other issues concern potential conflicts between specific articles of the Convention and U.S. law, and broader problems have been raised with respect to international implementation. Most of these issues are not uncommon in international agreements, and may therefore be remedied through conventional mechanisms, including implementing legislation, reservations, …

Legal Guardians: Islamic Law, International Law, Human Rights Law, And The Salman Rushdie Affair, Anthony Chase

American University International Law Review

No abstract provided.