Julian Marvin V.

Duba JD 2-3

Special Issues on International Law

I. Introduction

Huawei’s chief financial officer, Meng Wanzhou, was arrested

in Canada and faces extradition to the United States.1 Her arrest was

part of a U.S. investigation of an alleged scheme to use the global

banking system to evade U.S. sanctions against Iran.2 However,

since Wanzhou was granted a publication ban barring the release of

information about the case, no specific details have been disclosed

regarding her alleged violations.3

II. The Case

Currently, Canada is one of many countries with which the

United States has extradition treaties.4 According to Bernas, one of

the principles governing extradition is that “[n]o state is obliged to

extradite unless there is a treaty”.5 Canada therefore had a legal

1 https://www.aljazeera.com/news/2018/12/canada-arrests-cfo-china-huawei-technologies-
181205231502520.html
2 https://globalnews.ca/news/4736894/huawei-bank-fraud-iran-sanctions/
3 https://edition.cnn.com/2018/12/05/tech/huawei-cfo-arrested-canada/index.html
4 https://www.theglobeandmail.com/canada/article-how-does-extradition-to-the-us-work-a-look-at-what-

may-be-next-for/
5 Bernas. Public International Law. 2009. p. 174
 obligation under the extradition treaty6 with the U.S. to arrest Huawei

executive Meng Wanzhou when she was in Vancouver. However, a

perusal of the aforementioned treaty requires the offense for which

extradition is sought must be a crime in both countries.7

Unfortunately, no details have been reported concerning whether

Wanzhou’s alleged violation of the Iranian trade sanction law was a

crime in both the U.S. and Canada. This is due to the fact that the

Canadian Justice Department cannot share details of the case

because of a judicially granted publication ban.8

III. The Author’s Insight

Therefore, in the light of the lack of information regarding the

specifics of Wanzhou’s violations, her arrest – in the author’s opinion

– is questionable. Furthermore, her questionable arrest will more than

likely affect her possible extradition to the U.S.

According to Bernas, as embodied in the Territoriality principle,

“[a] state . . . has power to prescribe, adjudicate and enforce rules for

6 Treaty on Extradition between the Government of Canada and the Government of the United States of
America. Can be accessed at https://goo.gl/bkFNSH
7 Article 2(1). Treaty on Extradition between the Government of Canada and the Government of the

United States of America

8 https://edition.cnn.com/2018/12/05/tech/huawei-cfo-arrested-canada/index.html
 conduct that occurs within its territory”.9 Under international law, any

country can exercise jurisdiction over a foreign national in accordance

with its own domestic law. In the US-Canada extradition treaty,

Canada will only have authority to arrest and extradite Wanzhou if her

alleged violations against U.S. laws are also a violation under their

own domestic laws.10

Simply put, under the principles of international law and the

bilateral treaty in force with the U.S., Canada can only exercise

jurisdiction over Wanzhou and apply their laws over her person if she

has violated their domestic laws.

The question now is whether Wanzhou indeed violated

Canadian laws which prompted Canada to arrest her. However, with

the lack of information regarding the case, it cannot be said with

complete certainty that Canada had the authority to arrest Wanzhou

and in turn be able to validly extradite her to the U.S.

For now, it is best to wait for more information regarding the

case or for the determination of the extradition case of Wanzhou

being heard by the Canadian judiciary.

9Bernas. Public International Law. 2009. p. 133

10Article 2(1). Treaty on Extradition between the Government of Canada and the Government of the
United States of America