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Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Michigan Law Review
The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …
Amending The Foreign Sovereign Immunities Act Of 1976 To Better Accommodate Non-Market Economies, J. Thomas Cristy
Amending The Foreign Sovereign Immunities Act Of 1976 To Better Accommodate Non-Market Economies, J. Thomas Cristy
Michigan Journal of International Law
The purpose of this Note is to demonstrate the need for an amendment to the 1976 Act, in addition to those presently under consideration, which recognizes the political and economic realities of the modem world. The following discussion focuses on the FSIA and its inability to accommodate the ideology of non-market economies in making immunity determinations. After examining the FSIA and the development of foreign sovereign immunity in general, the discussion turns to an analysis of the differences between capitalist, or free market societies, and socialist/communist, or non-market systems. Sections IV and V analyze two areas where the failure of …
The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar
The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar
Michigan Journal of International Law
The pursuit of refugees into countries of exile is no new phenomenon. The political tumults of mid-19th century Europe sent countless people fleeing the vengeance of victorious reactionary governments. England was a popular gathering spot, having determined that it would not extradite for political offenses. England had, to some refugee leaders, an "old-established reputation ... as the safest asylum for refugees of all parties and of all countries," despite sporadic efforts to enforce statutory authority for the expulsion of aliens whose presence was embarrassing. The exiles in London found themselves hounded by the secret police of their countries, operating apparently …