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8 Emory Int'l L. Rev. 99 (1994)
Congressional Extraterritorial Investigative Powers: Real or Illusory?

handle is hein.journals/emint8 and id is 113 raw text is: Articles

CONGRESSIONAL EXTRATERRITORIAL
INVESTIGATIVE POWERS: REAL OR ILLUSORY?
by
Gary E. Davidson*
I. OVERVIEW
One of the challenges facing societies today is the growing inter-
nationalization of legal issues. This development is a challenge be-
cause it tends to undermine traditional notions of sovereignty that
underlie international law. To the extent that legal issues cut
across national boundaries, new ways of dealing with them may
have to be sought. Over the last few decades, congressional investi-
gations have taken on a distinctly international flavor. The reasons
for such a development are numerous, and analysis of this phe-
nomenon is better left to the political scientist. This trend does,
however, pose some important issues for the lawyer as well. De-
spite the growing internationalization of congressional inquiries,
the legal framework in which they are carried on has not been as-
sessed. This article examines some of the legal issues surrounding
congressional investigations that have international ramifications.
Section II of this article addresses whether Congress currently
has sufficient ability to gather information from abroad to aid its
investigatory efforts. Section III turns to the question of whether
Congress can constitutionally broaden its power of inquiry abroad.
Sections IV and V of this article direct attention to actual and po-
tential conflicts between Congress and the Executive over expan-
* Visiting Lecturer in Law, University of Tartu, Tartu, Estonia; B.A. 1981, Duke Un-
versity; M.A., J.D. 1986, University of Southern California; LL.M. 1992, Georgetown Univer-
sity. Member of the Arizona and Washington D.C. bars.

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