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" A sovereign nation has exclusive jurisdiction to punish offenses against its laws committed within its borders, unless it expressly or impliedly consents to surrender its jurisdiction. "
Hearings ... on Sundry Legislation Affecting the Naval and Military ... - Halaman 3468
oleh United States. Congress. House. Committee on Armed Services
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 354

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1957 - 668 halaman
...decided that this determination should be carried out. The President confirmed their joint conclusion. A sovereign nation has exclusive jurisdiction to punish...impliedly consents to surrender its jurisdiction. The Schooner Exchange v. M'F addon, 7 Cranch 116, 136. Japan's cession to the United States of jurisdiction...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 354

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1957 - 670 halaman
...decided that this determination should be carried out. The President confirmed their joint conclusion. A sovereign nation has exclusive jurisdiction to punish...impliedly consents to surrender its jurisdiction. The Schooner Exchange v. M'Faddon, 7 Cranch 116, 136. Japan's cession to the United States of jurisdiction...
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International Law Reports, Volume 24

H. Lauterpacht, E. Lauterpacht - 1961 - 1068 halaman
...of the arrangement is exclusively for the determination of the Executive and Legislative Branches. "A sovereign nation has exclusive jurisdiction to...impliedly consents to surrender its jurisdiction. The Schooner Exchange v. M'Faddon, 7 Cranch 116, 136. Japan's cession to the United States of jurisdiction...
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Implementation of Treaties for the Transfer of Offenders to Or from Foreign ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, and International Law - 1977 - 314 halaman
...foreign country." 180 US 109, 1▒> (l'.K)l). In W ílinn v. Girard, the Supreme Court reasoned that "(a) sovereign nation has exclusive jurisdiction to...impliedly consents to surrender its jurisdiction." 354 US 524, 529 (1957). Under the treaty, any offender transferred to the United States would have...
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The Peacetime Use of Foreign Military Installations Under Modern ...

John Woodliffe - 1992 - 370 halaman
...in Wilson v Girard: a sovereign nation has exclusive jurisdiction to punish offences against its law committed within its borders unless it expressly or...impliedly consents to surrender its jurisdiction. 20 Lastly, it has been held that in the absence of national legislation there is a heavy onus of proof...
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The United States and the International Criminal Court: National Security ...

Sarah B. Sewall, Carl Kaysen - 2000 - 286 halaman
...Exchange v. M'Faddon, 1 1 US (7 Cranch) 1 16, 136 (1812); accord Wilson v. Girard, 354 US 524, 529 (1957) ("A sovereign nation has exclusive jurisdiction to...impliedly consents to surrender its jurisdiction"). 31. See, eg, NATO Status of Forces Agreement, June 19, 1951, 4 UST 1792, TIAS No. 2846; Manual for...
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The International Criminal Court: Hearings Before the Committee on ..., Volume 4

United States. Congress. House. Committee on International Relations - 2001 - 114 halaman
...constitutional reexamination, the Supreme Court unanimously came to the same conclusion. It stated: A sovereign nation has exclusive jurisdiction to punish...unless it expressly or impliedly consents to surrender jurisdiction. (Girard v. Wilson 354 US 524 at page 529). AS is well known, the Treaty of Rome provides...
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The Handbook of the Law of Visiting Forces

Dieter Fleck, Stuart Addy - 2001 - 666 halaman
...currently accepted international law is that a sovereign nation has jurisdiction to punish offences against its laws committed within its borders, unless it expressly or impliedly consents to a waiver of its right to exercise that jurisdiction.116 The ROK government points out that the Taejon...
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Nemesis: The Last Days of the American Republic

Chalmers Johnson - 2006 - 382 halaman
...Justice John Marshall, fourth chief justice of the United States, defining a sovereign nation as one that "has exclusive jurisdiction to punish offenses against...impliedly consents to surrender its jurisdiction." SOFAs quite explicitly take away sovereign rights, which is why they are more easily imposed on defeated...
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Hearings

United States. Congress. House. Committee on Armed Services - 1957 - 1564 halaman
...on July 11, 1957, in the case of (Sharks E. Wilson v. William S. Girard, conclusively held that — A sovereign nation has exclusive jurisdiction to punish...or impliedly consents to surrender its jurisdiction (Schooner Exchange v. M'Faddon, 1 Cr. 116, IBS). This was also the view of the Government, for in its...
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