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European Courts, American Rights: Extradition And Prison Conditions, Daniel J. Sharfstein
European Courts, American Rights: Extradition And Prison Conditions, Daniel J. Sharfstein
Vanderbilt Law School Faculty Publications
Part I of this Article discusses the rising number of extradition requests by the United States, the common grounds for denial of extradition, and the controversies that such denials have aroused. Part II examines Soering v. United Kingdom against this background and analyzes its scholarly reception, influence on international and foreign jurisprudence, and lack of effect in the United States. Part III explores the implications of SOERING for defenses to extradition based on prison conditions: whether prison conditions in the United States could conceivably rise to the level of a human rights violation, whether the European Court of Human Rights …
Human Rights Beyond The War On Terrorism: Extradition Defenses Based On Prison Conditions In The United States, Daniel J. Sharfstein
Human Rights Beyond The War On Terrorism: Extradition Defenses Based On Prison Conditions In The United States, Daniel J. Sharfstein
Vanderbilt Law School Faculty Publications
The death penalty presents an issue where a clearly stated norm that is widely held by U.S. allies exists in stark contrast to U.S. practices. The war on terrorism has shone a spotlight on European refusals to extradite terrorists who are accused of capital crimes, but such refusals are double-edged from a human rights perspective. Although capital punishment would seem to be a natural testing ground for human rights advocates to expand the internalization of international norms in the United States, human rights law arguments that support abolishing the death penalty risk making international opinion seem irrelevant or even hostile …