Standing to allege violations of the doctrine of specialty: an examination of the relationship between the individual and the sovereign
Article Abstract:
Individuals extradited to face criminal charges in the US should be allowed to assert the doctrine of specialty when the nation holding the individual has not met minimum due process standards in protecting the individual's interests. The doctrine of specialty allows a nation to require the requesting nation to limit prosecution to declared offenses. US courts have been divided on allowing standing to assert the doctrine when the other nation has not explicitly or implicitly protested certain charges. Assessment of whether individual rights would be protected in the surrendering nation should be based on the availability of alternative forums.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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Treaty-based intervention: who can say no?
Article Abstract:
Treaty-based intervention is valid according to the concurrent consent model, as long as the treaty has received valid consent by the state. Neither the freedom-to-contract model nor the jus cogens model of state sovereignty provides a satisfactory analysis of the problem of treaty-based intervention. The concurrent consent model recognizes that in situations of internal conflict, the consent of subnational communities may be required to validate external intervention. However, the danger that hegemonic powers will abuse such treaties of guarantee needs to be recognized as well.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1995
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The reunification of Germany
Article Abstract:
The parties to the Treaty on the Final Settlement with Respect to Germany were the Federal Republic of Germany, the German Democratic Republic, and the four Allied Powers (United Kingdom, France, Soviet Union, and the US). The treaty was signed on Sep 12, 1990 and it brought to an end the 'supreme authority with respect to Germany' which the four Allied powers had possessed since 1945. Under the treaty United Germany is to have full sovereignty over its internal and external affairs.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1992
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