The Cutting Case, 1887, Mexico Vs USA

The Cutting Case, 1887, Mexico Vs USA

PRINCIPLE:
Any state can apply his jurisdiction beyond his territory on the foreign citizen if the act of foreign citizen is done, which was a violation of the rights or duties of that state.

Passive Nationality principle.

FACT OF THE CASE:
The American citizen whose name was Mr. Cutting. He made public news against a Mexican citizen about his character in the newspapers of Texas. Some copies of the newspapers went to Mexico and the citizens of Mexico saw that and got aggrieved. The published news was an offence by the Mexican Penal Code under section 184. After a few days Mr Cutting when went to Mexico for passing his vacation in Mexican, Mexican police arrest him.

ISSUE:
Whether Mr. Cutting was liable?
Whether Mexico entitled to applied his jurisdiction or not.

DECISION: During the period of this international controversy, the appellate court in Mexico ordered Mr. Cutting to be released.

REASONING: The Mexican Appellate Court ordered for release Cutting because the aggrieved Mexican had withdrawn his complaint

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Rayhanul Islam

Rayhanul Islam

Rayhanul Islam is a lawyer by profession, he is also a researcher. Critical thinking is his main focus. He is the founder and Editor in Chief of Law Help BD. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human right concept to the root level. e-mail: rayhan@lawhelpbd.com

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