The impact of human rights principles on extradition from Canada and the United States: The role of national courts

Conclusion Throughout this article, the primary emphasis has been on how the courts in Canada and the United States have decided to apply international human rights standards, many of which have been incorporated into national constitutions, in extradition cases. The emphasis on national courts reflects the particular North American experience, where only limited jurisdiction in these matters exists in the relevant international forum, the UN Human Rights Committee. Accordingly, resort must be made to domestic constitutional rights.In order to give practical effect to international human rights obligations in Canada and the United States, courts can play a useful role, in addition to the role exercised by the executive branch of government. The ambit of this role depends upon the point at which judicial interference is viewed as necessary to protect fundamental rights and override considerations of international cooperation. In Canada the point has been located where there is a risk of treatment that is simply unacceptable178 or that would shock the conscience. In the United States, courts have in the past demonstrated a degree of willingness to probe into potential violations that would be expected if extradition were to be granted and that would offend a federal court's sense of decency.¹⁸⁰ However, there is dispute about the propriety of this encroachment on the rule of noninquiry. Recently, the pendulum has begun to swing toward applying the rule of noninquiry more stringently and, at present, U.S. courts play a very limited role in examining the motives behind an extradition request and the procedures or punishment that likely await an individual upon return to the requesting state.While there are many differences between the constitutional regimes of protection in Canada and the United States as compared with the multilateral treaty protection of the European Convention, there appear to be a number of parallels in interpretation and application. Continued scrutiny of the jurisprudence from both sides of the Atlantic could benefit each jurisdiction.This article was originally prepared for an international workshop on Principles and Procedures for a New Transnational Criminal Law, organized jointly by the Society for the Reform of Criminal Law and the Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany, May 21–25, 1991. The views expressed herein are those of the authors themselves and do not necessarily reflect the position of the Canadian Department of Justice.B.A., University of Winnipeg 1975; LL.B., University of Manitoba 1978; LL.M., University of Toronto 1980.LL.B., University of Manitoba 1980; B.A., University of Manitoba 1986; Dip. Soc. Sci., University of Stockholm 1988; M.A., University of Toronto 1989.     

Book reviews

Computer Law (4th edition) Colin Tapper Longman ISBN CSD 0 582 05932 1 £22.50 PPR 0 582 02491 1 £35.00

Further Computer Contracts M‐T Michèle Rennie Sweet and Maxwell 1989. ISBN 0 421 40330 6

Formalism in AI and Computer Science Philip Leith Ellis Horwood 1990. ISBN 1 3325549 2

Electronically Recorded Evidence ‐ A Guide to the Use of Tape and Video Recordings in Criminal and Civil Proceedings Sybil Sharpe Fourmat Publishing 1989. ISBN 1 85190 071 3

Computer Law Chris Reed(ed) Blackstone Press Limited 1990. ISBN 1 85 431037 2

EDI and American Law: A Practical Guide Benjamin Wright Electronic Data Interchange Association 1989. ISBN 0 96 238750 9

Computer Software Protection and Semiconductor Chips Dr Dirk Schroeder (Butterworth's Current EC Legal Developments Series) 1990. ISBN 0 406 04021 4

Computers and the Law David I Bainbridge (Pitman) 1990. ISBN 0 273 03170 8     

‘How we think they think’: thought styles in the management of international aid

Aid administration is characterised by high moral objectives and often frustratingly low achievements. This article explores the idea that the problem lies not in inadequate policy or instruments as such but in the thinking processes that emerge within policy circles, at delivery levels within aid administration and at the interface between donor and recipient, to which the trade likes to apply the notion of ‘partnership’. Cultural Theory identifies three distinct and often contradictory ways of thinking that reflect individualist, group and hierarchical value premises. It is adopted here to explore how these types of thinking apply within aid administration, finding that the policy process is a surprisingly ‘groupie’ kind of activity, emphasising the sharing of values and understandings within donor circles. Delivery agents (donor field offices) by contrast are under hierarchical pressure to turn the outcomes into packaged deliverables, whether the ‘good’ is packageable or not. Supported by NPM orthodoxies, these agents seek control through linear programming and performance monitoring. A third contradiction is revealed when the donor attempts to bring such packages into a partnership relationship with recipient governments. Partnership is about sharing and dealing. But what the recipient is offered is a package with Henry Ford type characteristics: ‘any colour you like (social aspiration), as long as it is black (PRSP formula)’. The article is biased; from the perspective of a consultant caught in the middle; but if there is truth in the findings it might just open the door to new styles of aid relationship and novel delivery vehicles. Copyright © 2004 John Wiley & Sons, Ltd.     

Actor, situation, and context: A framework for delinquency theory integration

Survey data are presented and discussed as they relate to juvenile involvement in serious and violent delinquency. Juveniles confined in two detention centers were administered self-report questionnaires (n=127). An integrated model that combines social structural variables (i.e., neighborhood disorganization and strain) with social process variables (i.e., parental control, social bond, and delinquent peer associations) was tested by way of path analysis. The data generally support the integrated model, explaining as much as 44% of the variance. Two variables, delinquent peer associations and an overall social bond indicator, directly and significantly predict serious delinquent behavior. Delinquent peer associations are significantly related to neighborhood disorganization, while the social bond is significantly related to parental control and strain. Thus, the data support a systems approach to explaining delinquent behavior, where social structural variables affect social process variables. Earlier versions of this paper were presented at the annul meeting of the Academy of Criminal Justice Sciences, Albuquerque, NM, 1998 and at the annual meeting of the American Society of Criminology, Washington, D.C., 1998.     

Laissez-faire in campaign finance

In this paper we analyze the impact of campaign contribution limits on government expenditures. The theory is based on the proclivity of geographic-based legislators to support wealth transfers from the polity at large to finance benefits for local constituents. It predicts that laissez-faire in contributions will lead to less government spending on budgetary redistribution and to a greater output of laws by the legislature. The theory is tested using data on U.S. State governments.     

Reviews

Michael Mandelbaum (ed.), Post‐Communism: Four Perspectives. New York: Council on Foreign Relations, 1996, vi + 208 pp.

Raymond Taras, Consolidating Democracy in Poland. Boulder, CO: Westview Press, 1996, xii + 276 pp., £44.50 h/b, £13.50 p/b.

Jane Leftwich Curry & Luba Fajfer (eds), Poland's Permanent Revolution: People vs. Elites, 1956–1990. Lanham: American University Press, 1995, x + 294 pp., $64.50 h/b, $27.50 p/b.

Ben Slay (ed.), De‐monopolization and Competition Policy in Post‐Communist Economies. Boulder, CO: Westview Press, 1996, ix + 245 pp.

Éva Ehrlich & Gabor Révész, Hungary and its Prospects, 1985–2005. Budapest: Akadémiai Kiadó, 1995, 166 pp., $29.00.

Simon Clarke (ed.), Conflict and Change in the Russian Industrial Enterprise. Cheltenham: Edward Elgar, 1996, ix + 298 pp., £45.00.

Maurice Ernst, Michael Alexeev & Paul Marer, Transforming the Core: Restructuring Industrial Enterprises in Russia and Central Europe. Boulder, CO: Westview Press, 1996, xx + 315 pp., £13.50.

John S. Strong & John R. Meyer, Moving to Market: Restructuring Transport in the Former Soviet Union. London: Harvard University Press, 1996, ix + 237 pp, £19.95.

Raymond J. Struyk (ed.), Economic Restructuring of the Former Soviet Bloc. The Case of Housing. Washington: The Urban Institute Press, 1996, xviii + 373 pp., £51.95 h/b, £22.95 p/b.

Istvan Pogany (ed.), Human Rights in Eastern Europe. Aldershot: Edward Elgar, 1995, xv + 255 pp., £39.95.

Lucjan Dobroszycki & Jeffrey S. Gurock (eds), The Holocaust in the Soviet Union. Studies and Sources on the Destruction of the Jews in the Nazi‐Occupied Territories of the USSR, 1941–1945. London: M. E. Sharpe, 1993, xii + 260 pp., $59.95 h/b, $24.95 p/b.

Robert Bideleux & Richard Taylor (eds), European Integration and Disintegration: East and West. London and New York: Routledge, 1996, xii + 298 pp., £45.00 h/b, £13.99 p/b.

F. Stephen Larrabee (ed.), The Volatile Powder Keg: Balkan Security after the Cold War. Washington, DC: The American University Press, 1994, xxviii + 320 pp., $27.50.

John F. Wright, Suzanne Goldenberg & Richard Schofield (eds), Transcaucasian Boundaries. London: UCL Press, 1996, vii + 237 pp.

Juris Dreifelds, Latvia in Transition. Cambridge: Cambridge University Press 1996, ix + 214 pp., £40.00 h/b, £14.95 p/b.

Alfred Erich Senn, Gorbachev's Failure in Lithuania. New York: St Martin's Press, 1995, xx + 188 pp., $39.95.

Neil Melvin, Russians beyond Russia: The Politics of National Identity. London: Royal Institute of International Affairs, 1995, vi + 170 pp., £11.99.

Kathleen E. Smith, Remembering Stalin's Victims. Popular Memory and the End of the USSR. Ithaca, NY: Cornell University Press, 1996, xv + 220 pp., £23.50.

Martin McCauley, Stalin and Stalinism, 2nd edn. London and New York: Longman, 1995, xiii + 142 pp., £5.99.

Christopher Read, From Tsar to Soviets. The Russian People and Their Revolution, 1917–1921. London: UCL Press, 1996, vi + 330 pp.

C. M. Hann, The Skeleton at the Feast. Contributions to East European Anthropology. Canterbury: Centre for Social Anthropology and Computing, University of Kent at Canterbury, 1995, xv + 250 pp., £10.00.

Irena Maryniak, Spirit of the Totem: Religion and Myth in Soviet Fiction, 1964–1988. London: The Modern Humanities Research Association, Texts and Dissertations Series, Volume 39, 1995, x + 186 pp., £25.00.

Nancy Condee (ed.), Soviet Hieroglyphics: Visual Culture in Late Twentieth‐Century Russia. Bloomington and Indianapolis: Indiana University Press, 1995, xxv + 179 pp., £14.99.     

Susceptibility to manipulation

All positional voting procedures can be manipulated, so it is natural to question whether some of these systems are more susceptible to being manipulated than others. In this essay, this susceptibility factor is measured for strategic action involving small groups. It is shown that the system least susceptible to micro manipulations for n = 3 candidates is the Borda Count (BC). The optimal choice changes with n, but the analysis shows that the BC always fares fairly well. On the other hand, the plurality and anti-plurality vote as well as multiple voting systems, such as approval voting and cumulative voting, always fare quite poorly with respect to susceptibility. Finally, it is shown why it is possible to justify any voting method by choosing an appropriate measure of susceptibility and imposing the appropriate assumptions on the profiles of voters. This statement emphasizes the importance of the basic assumptions of neutrality used throughout this essay.     

Interpersonal and self-critical dysphoria and behavioral problems in adolescents

Clinical evidence suggests that various problem behaviors in adolescence can be expressions of dysphoria that have not reached threshold for the diagnosis of depressive disorders. Formulations of two major types of dysphoria distinguish between disruptions of interpersonal relatedness (e.g., feelings of loss or abandonment) and diminished self-esteem (e.g., feelings of self-criticism, failure, or guilt). Adolescents in a suburban high school were given the Achenbach Youth Self-Report, the Adolescent Depressive Experiences Questionnaire, and the Community Epidemiological Survey of Depression for Children (CES-DC). Even after level of depressive symptoms (CES-DC) was partialled out in hierarchical multiple regressions, interpersonal dysphoria significantly accounted for additional variance in predicting internalizing disorders, while self-critical dysphoria added significantly to the explained variance of both internalizing and externalizing disorders, specifically delinquency and aggression in both males and females.Ph.D., 1957, University of Chicago. Research interests: The development of mental representations, their differential impairment in various forms of psychopathology (especially depression), and their change in the therapeutic process.Ph.D., 1981, Yeshiva University. Research interests: adolescent pregnancy, depression, and ego development.Ph.D., 1968, Yale University, New Haven, Connecticut. Research interests: cognitive processes in schizophrenia, dependency and self-criticism in depression, and cognitive structural models of development and psychopathology.Ph.D., 1986, Columbia University, New York. Research interests: adolescent development.Ph.D., 1988, State University New York—Buffalo. Research interests: Language and self-representation and narcissism and borderline disorders.