Digital Commons Network^™

Law And Post-Apartheid South Africa, Winston P. Nagan

Fordham International Law Journal

This Article examines South African perspectives on the legal system within South Africa post-Apartheid, in particular the new focus on human rights.

A Recommended Approach To Bail In International Extradition Cases, Jeffrey A. Hall

Michigan Law Review

This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused's risk of flight rather than on the presence or absence of specific "special circumstances." Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts' treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative factor …

Four Decades After Nuremberg: The Prospect Of An International Criminal Code, Gerhard O.W. Mueller

Connecticut Journal of International Law

On February 19, 1986, the United States Senate voted overwhelmingly to approve the Convention on the Prevention and Punishment of the Crime of Genocide [Genocide Convention].1 President Reagan, who has long urged approval of the Genocide Convention, recently signed the Genocide Convention into law.' These developments augur well for the future of international criminal law. This commentary examines the history of international penal law instruments and analyzes efforts by the world community to create an international penal code. The commentary will also discuss the arguments against such a code, which may have contributed to the thirty-seven year delay in approval …

A Sewing Lesson In Political Offense Determinations: Stitching-Up The International Terrorist's Loophole, Douglas Kuber

UC Law SF International Law Review

Extradition treaties and international conventions have often proved ineffective as remedies against terrorism due to the "political offenses" exception which they often contain. This exception forbids the granting of any extradition request when the crime for which the accused is sought is "political in character and purpose." Due to widely varying interpretations of this exception, terrorists often escape justice simply by traveling to another country. This Note examines the policies underlying the political offenses exception and sets forth the interpretations given it by British, French, Swiss and United States courts. Drawing upon the approaches of these courts and a United …

Mcnaghten Rules Ok? The Need For Revision Of The Automatism And Insanity Defenses In English Criminal Law, R. D. Mackay

Penn State International Law Review (1982 - 2011)

There has been a resurgence of interest in the codification of "craziness" both in the United States and in England. Most recent legislative reforms in the United States have followed in the wake of the jury's verdict in the Hinckley case, whilst in England renewed interest in revising the insanity defense has been prompted by a report to the Law Commission on the codification of the criminal law. The purpose of this article is first to briefly review relevant reforms in the United States; second to critically analyze the present legal position in England; third to discuss English reform proposals; …

Jurisdiction Over Terrorists Who Take Hostages: Efforts To Stop Terror-Violence Against United States Citizens, Elizabeth R. P. Bowen

American University International Law Review

No abstract provided.

Integration Through Law: Europe And The American Federal Experience. Vol. 1: Methods, Tools And Institutions (Cappelletti, Seccombe & Weiler Eds.), George A. Bermann

Fordham International Law Journal

No abstract provided.

Recent Legal Issues Between The U.S. And The People's Republic Of China, Hungdah Chiu

Maryland Journal of International Law

No abstract provided.

New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Extradition Of Canadian Citizens And Sections I And 6(I) Of The Canadian Charter Of Rights And Freedoms, Jean-Gabriel Castel, Sharon A. Williams

Articles & Book Chapters

This article is devoted to the question of whether the extradition from Canada of a fugitive Canadian citizen charged with having committed an act that constitutes a criminal offence for which he or she may be prosecuted both in Canada and in the requesting state is a violation of his or her right as a citizen of Canada to remain in Canada, that is guaranteed by section 6( I ) of the Canadian Charter of Rights and Freedoms.' In analysing this question we shall ( i ) give a brief history of and rationale for extradition, with emphasis on the …

Uniformity And Diversity In A Divided-Power System: The United States' Experience, Eric Stein

Washington Law Review

The modest purpose of this paper is to inquire, in a specific contemporary context, why, by whom, and through what process a uniform rule is accepted or imposed in place of diverse rules. The first, methodological part of the paper offers a pattern for an analysis; the second part applies the pattern and illustrates the working of the process in the field of family law. I have chosen family law because in that field there has traditionally been concern for regional differences and because there has been an instructive interplay between regional and central powers. It may not come as …

An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa

Penn State International Law Review (1982 - 2011)

This article will review specific provisions of the Draft Convention Against Torture. Those sections that resolve the conflicting interests at the heart of the non-interference and declaration of competence principles will be highlighted. Those provisions in which the drafters were unable to reach an effective compromise will also be analyzed. The article will focus in one section upon the current Watson/D'Amato debate regarding the existence or non-existence of world-wide enforcement power. Finally, the article will propose further methods through which nations can enforce and promote human rights throughout the world.

Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane

UC Law SF International Law Review

The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.

Combatting International Terrorism: Limiting The Political Exception Doctrine In Order To Prevent One Man's Terrorism From Becoming Another Man's Heroism, Kathe Flinker Mullally

Villanova Law Review (1956 - )

No abstract provided.

Should The U.S. Constitution's Treaty-Making Power Be Used As The Basis For Enactment Of Domestic Legislation-Implications Of The Senate-Approved Genocide Convention, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-17, Index

Case Western Reserve Journal of International Law

cumulative subject index

Strategies For Ameliorating The Immigration Consequences Of Criminal Convictions: A Guide For Defense Attorneys, Maryellen Fullerton, Noah Kinigstein

Faculty Scholarship

No abstract provided.

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 …

Compelled Waiver Of Bank Secrecy In The Cayman Islands: Solution To International Tax Evasion Or Threat To Sovereignty Of Nations?, Ellen C. Awwarter

Fordham International Law Journal

Part I of this Note describes the conflict of laws between foreign bank secrecy policies and United States tax laws, and how the use of unilateral investigatory methods have intensified that conflict. Part II surveys the development of compelled waiver case law in the United States and the Cayman Islands since the introductino of the evice in 1981, and sicusses how use of the waiver has raised questions of international comity and conflict of laws. Part III evaluates the failure of United States courts to address completely the international legal problems posed by unilateral investigatroy methods, and cites the analysis …

Criminal Justice In Post-Mao China: Analysis And Documents, By Shao-Chuan Leng, Tao-Tai Hsia

Maryland Journal of International Law

No abstract provided.

Book Review, Andrew W. Markley

Case Western Reserve Journal of International Law

No abstract provided.

American Prisoners In Foreign Prisons: The Prisoner Transfer Treaties, Patricia M. Wilson

Penn State International Law Review (1982 - 2011)

For the average American traveler, being apprehended and arrested in a foreign country on criminal charges can be an unimaginable and bizarre experience. Whether he is in England, which has a legal system relatively similar to ours, or in China, which has a very different legal system, he is likely to be equally mistaken in believing that his status as an American citizen will be of any real assistance. Unfortunately, unless he happens to be with United States military forces or protected by some sort of diplomatic or other immunity, his criminal case will proceed from start to finish entirely …

Cumulative Subject Index To Volumes 1-15, Index

Case Western Reserve Journal of International Law

cumulative subject index

Expropriation In The Energy Industry: Canada's Crown Share Provision As A Violation Of International Law, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Point of Final Loading and Routing is Place of Shipment for Purposes of Valuing Lost Cargo; Private Carrier's Both-to-Blame Clause is Enforceable---Allseas Maritime, S.A. v. M/V Mimosa, 574 F. Supp. 844 (S.D. Tex. 1983).

LAND-BASED NEGLIGENCE CAUSING AN AIRPLANE CRASH IN INTERNATIONAL WATERS FALLS WITHIN ADMIRALTY JURISDICTION--Miller v. United States, 18 Av. CAS. (CCH) 17,912 (11th Cir. 1984).

FREIGHT FORWARDER WHO BREACHES A FIDUCIARY DUTY TO HIS SHIPPER VIOLATES THE WIRE FRAUD STATUTE--United States v. Armand Ventura, 724 F.2d 305 (2d Cir. 1983).

IN PERSONAM JURISDICTION OBTAINED BY ATTACHMENT OF PROPERTY IS DIFFERENT FROM IN REM JURISDICTION--Belcher Co. v. MIV …

Observations On The Insanity Defense And Involuntary Civil Commitment In Europe, John Q. La Fond

Seattle University Law Review

There are several perspectives from which one could analyze the insanity defense and involuntary civil commitment in foreign legal systems. However, the comparative perspective on which this Essay is based focuses on: a) how foreign legal systems formulate and administer the insanity defense; b) how the power of the state is defined to civilly commit mentally ill persons; c) who makes the important decisions and when and how they are made; and d) what happens to offenders who are considered mentally ill and to others who are considered mentally ill and suitable for involuntary commitment.

The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein

Michigan Journal of International Law

This note examines the judicial rationale for denying bail in extradition proceedings except in special circumstances. The author maintains that the courts apply the special circumstances rule inconsistently. Moreover, a better balance should be struck between the interests of the accused and the interests of the United States Government. This can be accomplished by granting the accused in an extradition proceeding the same right to bail before a final order granting extradition as exists under the federal bail statute.

Legal Assistance In Criminal Cases And Some Important Questions Of Extradition, Valery Shupilov

Case Western Reserve Journal of International Law

No abstract provided.

Hostage Rights: Law And Practice In Throes Of Evolution, H.H.A. Cooper

Case Western Reserve Journal of International Law

No abstract provided.

Ii. Annotated Bibliography, Michigan Journal Of International Law

Michigan Journal of International Law

The following collection of annotations represents a sampling of the legal literature examining various aspects of criminal procedure in an international context. While special care has been taken to provide a representative sampling of works published between 1976 and 1981, a number of prominent pieces written prior to that five-year period have also been included.