The Finality of Judgment and Sentence Prerequisite in the United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress and the President to Reform and Justifying Jurisdiction of the Inter-American Human Rights Commission and Court

30 Pages Posted: 22 Oct 2007

See all articles by Ralph Ruebner

Ralph Ruebner

The John Marshall Law School

Lisa Carroll

affiliation not provided to SSRN

Abstract

A single low wattage bulb hanging from the ceiling provides the only light - when it works and the electricity is on. After several hearings that substantiated complaints, the Committee on International Relations recommended a bilateral prisoner transfer treaty. The Court in the exercise of its current jurisdiction should also empower the Commission to enforce a country's obligation under a bilateral prisoner transfer treaty. In its power of review, the Commission may request, and therefore presumably consider, any pertinent information. That should also include the review of conduct of a member state that violates its legal obligations under a bilateral prisoner transfer treaty. It follows that when a member country thwarts the goals of a prisoner transfer treaty by failing to finalize judgment and sentence, the Commission may, within the exercise of its jurisdiction, fashion a remedy to redress the violation.

JEL Classification: K00

Suggested Citation

Ruebner, Ralph and Carroll, Lisa, The Finality of Judgment and Sentence Prerequisite in the United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress and the President to Reform and Justifying Jurisdiction of the Inter-American Human Rights Commission and Court. American University International Law Review, Vol. 15, 2000, Available at SSRN: https://ssrn.com/abstract=1022617

Ralph Ruebner (Contact Author)

The John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

Lisa Carroll

affiliation not provided to SSRN

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