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Closing The Un Decade Of International Law And Welcoming The Third Millennium, Sompong Sucharitkul
Closing The Un Decade Of International Law And Welcoming The Third Millennium, Sompong Sucharitkul
The Sompong Sucharitkul Center for Advanced International Legal Studies
A quick look at legal developments before the closing of the United Nations Decade in the four areas specified in the General Assembly Resolution 44/23 will provide a rough and ready reference reflecting a brief survey of progressive developments, challenges'and obstacles which have transpired from the beginning to nearly the end of the Decade of International Law.
The Role Of United States Federal Courts In Extradition Matters: The Rule Of Non-Inquiry, Preventive Detention And Comparative Legal Analysis, Rachel A. Van Cleave
The Role Of United States Federal Courts In Extradition Matters: The Rule Of Non-Inquiry, Preventive Detention And Comparative Legal Analysis, Rachel A. Van Cleave
Publications
This paper argues that applying the rule of non-inquiry to the issue of whether the requested person has been charged is analytically incorrect where the relevant treaty defines as extraditable persons who have been charged or convicted of certain offenses, thus requiring a judicial determination as to whether the person requested has been charged as part of the initial inquiry into extraditability. By contrast, the rule of non-inquiry is typically used to reject arguments of persons who are otherwise extraditable. This issue has not received much analysis perhaps because federal courts are reluctant to look beyond an arrest warrant issued …