English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Zendy Plus

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Zendy Tools

Zendy Open

Two critical issues were raised by the attempt of the United States Government to secure the extradition of Gerhart Eisler, the Communist alien who jumped bail and fled the United States after being convicted both of contempt of Congress and of making false statements to secure an exit permit. The first concerns the test of "double criminality." This test derives from extradition laws and treaties which specify that a person shall be extradited only if the act of which he is accused is a crime by the law both of the state which is demanding and the state which is asked to grant extradition.' The unhesitating decision of a British magistrate to reject the United States' plea demonstrated the serious rift which has developed between English and American extradition practice in applying the test of "double criminality" to determine whether offenses are extraditable. Secondly, the case reveals the uncertainty of legal practice with reference to extraditability when the extradition proceedings are challenged as being politically inspired. 2 Eisler resisted extradition on the grounds that the United States was seeking his surrender to persecute him for his Communist activities. The British decision avoided this issue and the actual effect of law and treaty in preventing extradition for ulterior political purposes remains ill-defined. But in view of the increasing bitterness of the conflict between Communists and their opponents, within as well as between states, the issue may be expected to arise again, and with the shoe on the other foot as a fugitive resists extradition demanded by a Communist government. The Eisler proceedings therefore suggest the advisability of reevaluating the safeguards provided for political dissidents under existing treaties and municipal law.

International Extradition: Implications of the Eisler Case