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Univ. of San Diego School of Law

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Monday, September 28, 2009

Abelson on the Prosecute-Extradite Dilemma

Adam B. Abelson has posted The Prosecute-Extradite Dilemma: Concurrent Criminal Jurisdiction and Global Governance (UC Davis Journal of International Law and Policy, Vol. 16) on SSRN. Here is the abstract:

This article explores the dilemma between prosecution and extradition that countries face when multiple countries’ criminal laws may apply to particular conduct. It argues that the prosecute/extradite dilemma should be understood as a crucial site of global governance, a decentralized site of interaction between national criminal laws that shapes how national and international interests are articulated and mediated. While criminal laws reflect a state’s most fundamental norms, effective global governance requires a normative assessment of when a state should - and more crucially, when it should not - seek to further those norms when multiple countries have a basis for applying their criminal laws to particular conduct. This article offers a framework for such an assessment, with a particular emphasis on extraterritorial application of U.S. criminal laws.

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