European Community law - legal status of international agreements within the Community legal order - General Agreement on Tariffs and Trade - Lome Conventions
Article Abstract:
The EC Court of Justice determined that GATT 1947 could not be used to challenge national norms in national courts but that the Fourth Lome Convention may allow for such challenges. The case, Italian Ministry of Finance v. Chiquita Italia, involved a consumption tax on fresh bananas, including bananas imported from non-member states. The ruling concerned whether rights were created by GATT and Lome. The Court found that Lome may have a direct effect on national law, GATT infringements may cause a liability and GATT 1994 may have direct effects.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1997
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Reconciling extradition with human rights
Article Abstract:
Extradition treaties enforcing international criminal law should incorporate guidelines for addressing human rights law. Protocols for balancing human rights with international law enforcement will allow a country to deny an extradition request under agreed upon treaty conditions, preserving a treaty's sanctity. Treaties incorporating human rights will reflect the growing importance placed upon international human rights and upon law enforcement.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
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Extradition - death penalty - U.S.-Canada extradition treaty - death penalty under international law
Article Abstract:
The author discusses the Canadian Supreme Court's decision in United States v. Burn, in which the court ruled that extradition without assurance that the death penalty will not be carried out violates the Canadian Charter of Rights and Freedoms.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 2001
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