Compliance in Context: Extralegal Determinants of Extradition in Chile and Japan
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1 Compliance in Context: Extralegal Determinants of Extradition in Chile and Japan By Dolan Bortner, IR Program, Watson Institute for International and Public Affairs, May 3, 2017
2 Research Puzzle Extradition Exchange of a fugitive between states Popularly conceived of as entirely legal But verdicts change across time and space without changes in law Something other than law must explain variance Augusto Pinochet El Chapo
3 Research Questions What factors influence a state to extradite or not to do so, and why might these decisions change? What explains variation in the decisions of the trials against former Peruvian President Alberto Fujimori in Japan (noncompliance) and Chile (compliance)?
4 Significance The Practical Need for a Study of Extralegal Influences on Extradition Extradition... Costs millions of dollars per request Increases annually Puts lives at risk Is unevenly enforced With repercussions for human rights justice
5 Significance (con t.) Existing Scholarship, Its Limitations, & My Contribution
6 Important Authors Checkel: Norms are key for compliance Rajkovic: Noncompliance is a distinct phenomenon Magnuson and Moravcsik: Individual focus and legal ambiguity Lindenberg: Goal-Framing Theory (GFT)
7 Argument An Integrated Contextual Model (ICM) for Extradition Decisions Goals elicited by extradition request Actor(s) in requested state Rationalist Normative Takes the individual into consideration Lindenberg/social psychology Normative and rationalist scholarship Systematizes actors goals Noncompliance is separate Empirically verifiable Favors noncompliance Rationalist Pathway Power differential Relationship value Sanctions Reciprocity Legal ambiguity Geographical proximity Public scrutiny Public opinion Either rationalist or normative, depending on context Normative Pathway Domestic crises Official biases Institutional authority Diplomatic language Cultural similarities Outcome (either compliance or noncompliance, depending on quantity of normative and rationalist incentives relative to one another) Favors compliance
8 Research Design Comparative: x-nat l & longitudinal study in Japan ( ) and Chile ( ) Data rich Same fugitive, same crimes Chile over time Textual analysis mixed methods Content analysis (quant): 1,473 newspaper articles Discourse analysis (qual): Government documents (i.e., Diet transcripts)
9 Findings Japan Fujimori as cultural hero Potential martyr Chile Human rights champion Historical problems with Peru Japanese precedent Effectiveness of ICM to explain outcomes
10 Findings (con t.) Self-interest trumps norms Context matters Across temporal and spatial lines Chilean border conflict Japanese precedent In combination with other variables Legal ambiguity Domestic crises
11 Implications for Compliance Theory Alteration of state preferences is dubious Calls Checkel (and normative scholarship) into question Legal ambiguity noncompliance Contrary to Magnuson No hard and fast rules for how extralegal factors behave Still, context is not a mixed bag In 2 out of 3 trials, extralegal factors explain legal outcome GFT explains why variables bubble up
12 Implications for International Legal Practice Reputational sanctions compliance Yet, they are not always sufficient Legal ambiguity must be combatted Predictive value of ICM Means for requesting states to judge odds of successful extradition
13 Crime, Context, & Compliance Then and Now
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