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美、加在死刑引渡方面有过愉快的合作。但随着国际人权观念的发展,双方死刑引渡的立场发生了明显的变化。伯恩斯案开启了加拿大对美国的死刑引渡请求,从无条件引渡到“例外情形”下引渡的先河。这也带来诸多法律问题,如管辖权的域外扩张、加拿大“避难所”等。美国继续无视国际社会及加拿大的立场,其死刑引渡方式也越来越极端和霸道。如果美国仍一意孤行,与邻国加拿大的分歧也会越来越大,美国恐怕只能在国际死刑引渡舞台上继续无休止地纠缠与争斗。
The United States and Canada have enjoyed pleasant cooperation in the extradition of the death penalty. However, with the development of international human rights concepts, the positions of the two sides in extradition for death penalty have undergone significant changes. The Burns case opened the Canadian request for extradition to the United States for death row, starting from unconditional extradition to extradition under “exceptional circumstances ”. This also brings about many legal issues, such as the extraterritorial expansion of jurisdiction, Canada, “shelters” and so on. As the United States continues to ignore the international community and Canada’s position, its death penalty extradition is also becoming more and more extreme and overbearing. If the United States still insists on its own accord, its disagreement with its neighbor Canada will also grow larger and larger. The United States may only continue its endless struggle and struggle on the international arena of extradition for death penalty.