Neighboring Countries; Un-Neighborly Acts: A Look at the Extradition Relationships among the United States, Mexico, and Canada

Authors

Dea Abramschmitt, Florida State University

Abstract

In the wake of the troubling Supreme Court decision in United States v. Alvarez-Machain, where the Court approved jurisdiction although the defendant had been abducted from Mexico by U.S. Drug Enforcement Agents (DEA), both Mexico and Canada have expressed dismay at what they see as a blatant violation of international law. The United States has reinforced its uncooperative position in the area of law enforcement across territorial boundaries. According to Mexico and Canada, the U.S. has disregarded both the terms of their respective extradition treaties with them as well as the basic precepts of international law. They have valid cause for alarm as the United State's Supreme Court holding is a presumptuous and dangerous precedent in international law. This article first compares two similar instances where the United States abducted citizens of Mexico and Canada to stand trial in the United States. Part II explores the extradition laws of the United States, Mexico and Canada, as well as the extradition treaties between the United States and its two neighbors. Part III examines the jurisdiction questions at the root of the extradition issue. Finally, this paper analyzes the different approaches the three neighboring countries take in international law enforcement. The U.S. would benefit greatly by reexamining its dealings with Mexico, and looking to Canada in order to rediscover a sense of justice and fair play.

Recommended Citation

Abramschmitt, Dea (1995) "Neighboring Countries; Un-Neighborly Acts: A Look at the Extradition Relationships among the United States, Mexico, and Canada," Florida State University Journal of Transnational Law & Policy: Vol. 4: Iss. 1, Article 5.
Available at: https://ir.law.fsu.edu/jtlp/vol4/iss1/5