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United States v. Alvarez-Machain

United States.  18 October 1991 ; 15 June 1992 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Executive — Consequences of illegal arrest — United States agents kidnapping Mexican national in Mexico and transporting to United States to stand trial — Whether Fifth Amendment to United States Constitution applicable

Relationship of international law and municipal law — In general — International restrictions upon the exercise of power by one State in the territory of another — United States agents kidnapping Mexican national in Mexico — Alleged violation of Mexico-United States Extradition Treaty, 1978 — Whether circumstances of arrest precluding trial in United States

Treaties — Application — Mexico-United States Extradition Treaty, 1978 — Unilateral abduction of Mexican national by United States agents — Diplomatic protest by Government of Mexico — Whether breach of Extradition Treaty — Whether treaty violation creating private right of action — Whether diplomatic protest creating derivative right of action in individual Treaties — Interpretation — Object and purpose of extradition treaties — Whether prohibiting government authorized kidnapping of individual from one party for purpose of trial in courts of the other — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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