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Geisser v. United States (Proceedings Continued sub. nom. Petition of Geisser)

United States of America.  24 May 1975 ; 21 May 1976 ; 22 June 1977 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International law in general — Relation to municipal law — Treaties — Conduct of foreign relations — Role of the Executive — Role of the courts — Conflict between government’s obligations under extradition treaty and under plea bargain made in constitutionally enforceable fashion with defendant — Whether appropriate for courts to adjudicate in case — Desirability of political solution — Whether State requesting extradition should be joined as party — The law of the United States

Treaties — Conclusion and operation — Operation and enforcement — Conflict between government's obligations under extradition treaty and constitutional obligations — Priority — The law of the United States

The individual in international law — Extradition — In general — Conflict between government's obligations under extradition treaty and internal obligations deriving from constitutional rights of the individual — Defendant induced to give evidence against co-conspirators in return for promise that Department of Justice would use its “best efforts” to prevent her being extradited — Requesting State subsequently refusing to withdraw request for extradition — United States-Swiss Extradition Treaty 1900 — No discretion to refuse extradition — Relation between international law and municipal law — Role of the courts and of the Executive in matter involving foreign relations and constitutional rights — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1985

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