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United States v. Toscanino

United States of America.  15 May 1974 ; 08 October 1974 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in general — Relation to municipal law — Whether individual allegedly abducted in violation of treaty can invoke treaty violation in municipal court — Effect of absence of protest by State in which abduction took place — The law of the United States

State territory — In general — Nature of territorial sovereignty — Alleged abduction of Italian citizen from Uruguay by United States officials — Whether an infringement of territorial sovereignty contrary to the Charter of the United Nations and the Charter of the Organization of American States — The law of the United States

The individual in international law — In general — Position of individuals in international law — Violation of treaty provisions prohibiting infringements of territorial sovereignty — Whether violations can be invoked by individual before municipal courts — The law of the United States

Treaties — Conclusion and operation — Operation and enforcement — Whether individual can invoke treaty violation in municipal courts — The law of the United States

Jurisdiction — In general — Territorial jurisdiction — Exemptions from and restrictions upon territorial jurisdiction — Irregular apprehension — Italian citizen allegedly abducted to the United States from Uruguay — Whether United States court has jurisdiction to try him — Alleged kidnapping a breach of the Charter of the United Nations and the Charter of the Organization of American States — Whether individual can invoke treaty violations — Alleged telephone-tapping by United States officials in foreign countries Whether covered by United States constitutional safeguards — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1985

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