Criminal jurisdiction - extradition treaties - U.S. government-sponsored abduction of Mexican citizen

Article Abstract:

The Supreme Court has ruled in United States v Alvarez-Machain that the abduction of a Mexican national for trial in the US did not violate the extradition treaty between the two countries. Mexico protested this abduction, however, and customary international law dictates that a court then dismiss an indictment and return the alleged criminal to his home country. According to the Paquete Habana dictum, which the court seems to have reversed in this case, customary international law is to have the full force of US law in the absence of a legislative act to the contrary.

International aspects, International law, Kidnapping

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Extradition statute - constitutional law - separation of powers - injunction against U.S. government - class action

Article Abstract:

The US District Court for the District of Columbia's Aug 1995 Lobue decision erroneously ruled the US extradition statute to be unconstitutional and enjoined any further surrender of plaintiffs between the US and Canada. The court's reasoning that treaty-mandated extradition is constitutionally allocated to the judiciary is incorrect because such extraditions are committed to the executive branch. The Lobue holding contradicts long-established case law and should be reversed on appeal.

Canada, Constitutional law, Constitutional interpretation, Judicial power

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Extradition - UN Convention Against Torture - Foreign Affairs Reform and Restructuring Act of 1998 - Administrative Procedure Act: Cornejo-Barreto v. Seifert

Article Abstract:

In Cornejo-Barreto v. Seifert, the US 9th Circuit Court of Appeals determined that the Foreign Affairs Reform and Restructuring Act of 1998 does not prohibit courts from reviewing extradition decisions by the Secretary of State. The author argues that this is an incorrect interpretation of the act and that this decision will not be precedent-setting.

United States, Prevention, Judicial review of administrative acts, Torture

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