Application of Fifth Amendment to U.S. Constitution in international context - fear of foreign prosecution as ground for invoking privilege against self-incrimination - relevance of growing international law enforcement cooperation - role of U.S. judiciary in foreign relations

Article Abstract:

The U.S. Supreme Court ruled inappropriately in United States v. Balsys when it stated the Fifth Amendment law prohibiting self-incrimination did not apply to witnesses whose testimony may be used against them in a foreign jurisdiction. The Court concluded the privilege applied only to US criminal cases and did not have consistent use throughout the international community. However, the right to silence is becoming a standard international right; individual integrity should prevail over self-incrimination; and although the Court stated the US was not an agent of foreign prosecution, such prosecution could not occur without US aid.

United States, Self-incrimination, Self incrimination

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International law and international relations theory: a new generation of interdisciplinary scholarship

Article Abstract:

Interdisciplinary scholarship between international law (IL) attorneys and international relations (IR) experts recognizes that both fields deal with the same world, globalization dynamics and institutions which regulate affairs. IR theory helps lawyers understand the political function of agreements. An understanding of IL helps IR experts realize the tangible effects law has on international relations. Future collaboration will help design processes by which international agreements are made.

Study and teaching, International relations, International law

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Rwandan genocide and the international law of radio jamming

Article Abstract:

The issue of jamming radio programs needs to be reexamined in light of radio being used for propaganda and to incite genocide in countries such as Rwanda. The US is opposed to any jamming of civilian radio but the Rwandan genocide possibly could have been prevented if radio jamming had been used offensively to prevent the propaganda supporting racial hatred. A new international standard that allows for jamming in extreme circumstances should be established.

Political aspects, Radio, Jamming of communications, Jamming (Communications)

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