PRINCIPLES OF INTERNATIONAL EXTRADITION IN LATIN AMERICA

Authors

Julius I. Pente, Northwestern University

Abstract

The modern theory of international extradition presupposes two fundamental conceptions in the economy of the Society of Nations; the one juridical; the other political. The juridical conception we may describe as the territoriality of the law, and in particular of the penal law; the political conception as the territorial sovereignty of the State. It is because we find today the personal conception of law reduced to a tolerably definite territorial basis by its political counterpart-a counterpart which is now regarded as the dominant system in international penal law, that extradition has become as well a juridical as a political necessity: juridical, because it affords the only feasible avenue to vindicate the legalized moral code of the community aggrieved; political, because it is the one conceivable way lawfully to assert jurisdiction over the reputed offender. The proceeding results thus in a complex situation involving far-reaching international implications. It undoubtedly belongs to the domain of International Law.

Recommended Citation

Julius I. Pente, PRINCIPLES OF INTERNATIONAL EXTRADITION IN LATIN AMERICA, 28 Mich. L. Rev. 665 (1930).
Available at: https://repository.law.umich.edu/mlr/vol28/iss6/3