Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

Sosa v. Alvarez-Machain

Brief Fact Summary. Alvarez-Machain (P) argued he was detained against his will by bounty hunter and brought to the United States.

Synopsis of Rule of Law. The abduction of a foreign national does not amount to an “arbitrary arrest†within the meaning of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

Points of Law - Legal Principles in this Case for Law Students.

A commentator noted in 1962 that, for the purposes of these borrowing statutes, the courts unanimously hold that a cause of action sounding in tort arises in the jurisdiction where the last act necessary to establish liability occurred; i.e., the jurisdiction in which injury was received.

View Full Point of Law
Facts. Alvarez-Machain (P) argued he was detained against his will by bounty hunter and brought to the United States.

Issue. Does the abduction of a foreign national amount to an “arbitrary arrest†within the meaning of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights?

Held. No. The abduction of a foreign national does not amount to an “arbitrary arrest†within the meaning of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Obligations as a matter of international law is not imposed by the Declaration and while the Covenant binds the United States as a matter of international law, the U.S. ratified it on the express understanding that it was not self-executing, and therefore did not itself create obligations that were enforceable in the federal courts.

Discussion. This case shows the concept of self-determination under international law. No document can give rise to obligations as a matter of international law that does not expressly purport to do so, and there no state which can be bound to any international pact without its consent.


Create New Group

Casebriefs is concerned with your security, please complete the following