Aspects Of Extradition Law

Author : Geoff Gilbert
Publisher : BRILL
Page : 297 pages
File Size : 52,9 Mb
Release : 2022-07-04
Category : Law
ISBN : 9789004482159

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Aspects of Extradition Law by Geoff Gilbert Pdf

This book examines those aspects of the law of extradition which reveal conflicts between different legal systems and where there is a need for an improvement in procedures, either in the interest of mutual legal assistance or for the better protection of the fugitive. The book starts from the assumption that, unless otherwise stated, the principles applied by domestic courts are of universal applicability. Such a broad generalisation is not guaranteed to be right in every circumstance, but it concentrates the study on extradition law itself, rather than on the various national interpretations of domestic extradition laws. The law is stated in accordance with the materials available at 1 December 1990. Most extradition agreements tend to focus on those matters which form the basis for this book. Throughout the discussion of these matters it will be noticed that there is a tension between extradition law as part of a process of mutual assistance by states in the area of criminal justice, and extradition law as a means of protecting the fugitives' rights and freedoms. Dr Geoff Gilbert is a Senior Lecturer in the Department of Law and a member of the Human Rights Centre at the University of Essex. Within the H.C.R., he teaches International Criminal Law on the LL.M. in International Human Rights.

Author : Ivan Anthony Shearer
Publisher : Manchester University Press
Page : 318 pages
File Size : 42,7 Mb
Release : 1971
Category : Extradition
ISBN : 0719004179

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Extradition in International Law by Ivan Anthony Shearer Pdf

Author : European Committee on Crime Problems
Publisher : Unknown
Page : 96 pages
File Size : 46,9 Mb
Release : 1970
Category : Extradition
ISBN : UVA:X001753775

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Legal Aspects of Extradition Among European States by European Committee on Crime Problems Pdf

Author : Miguel João Costa
Publisher : BRILL
Page : 675 pages
File Size : 51,9 Mb
Release : 2019-09-24
Category : Law
ISBN : 9789004411210

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Extradition Law by Miguel João Costa Pdf

This book contains an exhaustive analysis of extradition law and offers innovative perspectives thereon. It departs from both the classic paradigm and the mutual recognition approach, producing a new model based on respect for other States’ criminal justice idiosyncrasies.

Author : Geoff Gilbert
Publisher : Martinus Nijhoff Publishers
Page : 528 pages
File Size : 52,9 Mb
Release : 1998-07-14
Category : Law
ISBN : 9041110402

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Transnational Fugitive Offenders in International Law by Geoff Gilbert Pdf

International Criminal Law has undergone significant recent changes. Transnational Fugitive Offenders reflects the dynamic nature of the subject & keeps readers on the cutting edge of new developments. An ever-increasing number & variety of international agreements & cases has expanded extradition law. The jurisprudence relating to alternative means of rendition has also evolved in different ways in different jurisdictions. Most notably, however, the remit of the subject as a whole has expanded. The concept of international criminal law now has to embrace crimes that occur in no single place, cross-border financial crimes where vast sums of money exist solely in cyberspace & which have connections with financial institutions in several countries. The international community has also established supra-national criminal courts to deal with the aftermath of the wars in the former Yugoslavia & Rwanda. The future will likely bring further changes as well. The permanent International Criminal Court, originally proposed by the International Law Commission, if established by the international community, would, as matters stand in 1998, have jurisdiction over genocide, crimes against humanity & war crimes. The ultimate result may at last be the availability of overarching guidance as to the remit & scope of international criminal law. Those studying extradition law, and/or working with transnational fugitive offenders in any capacity, will find Transnational Fugitive Offenders an important, thought-provoking work on a very dynamic subject.

Author : Gary Botting
Publisher : BRILL
Page : 479 pages
File Size : 45,9 Mb
Release : 2021-10-01
Category : Law
ISBN : 9789004479593

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Extradition between Canada and the United States by Gary Botting Pdf

The tumultuous relationship between the United States and Canada’s extradition systems, their histories, and all of the issues, conflicts and controversies are here in this richly detailed, colorful text. The book is especially valuable today given the global response to the events of September 11, 2001 and the United States’ war on terrorism, which has had a dramatic impact on the way Canada and the U.S. conduct extradition procedures between one and other. The author examines the most crucial extradition cases from the 19th to the 21st century, including cases arising out of World War II, the civil rights era, and recent terrorist activities. Amongst the highlights are detailed analysis of: • Attitudes towards extradition in North America from initial reluctance to extradite to the negotiation of the Jay Treaty (1794), which had a rudimentary extradition provision; • The period of the greatest development of extradition law, which occurred at the beginning of the twentieth century; • The consolidation of extradition procedure towards a period of assertion of pre-eminent executive discretion, a “devolution” characterized by an eventual breakdown in cooperation between Canada and the United States in extradition matters after the Second World War; • The extent to which extradition dried up until 1971, when a new extradition treaty between Canada and the United States was negotiated, along with innovative procedures for improving cooperation in handling extradition requests on both sides of the border; • The Treaty of Extradition Between the Government of Canada and the Government of the United States ratified in 1976, as amended in 1988 and 2003, which provides rules governing seizure and sufficiency of evidence, arrest, and provisional arrest; encourages mutual cooperation between the executive authorities of the two nations; and in theory at least provides a modicum of protection for individuals caught up in extradition proceedings. Current legislative scheme in Canada’s Extradition Act (1999), showing the ways in which executive discretion has been expanded and judicial discretion diminished in virtually every level. The shifting sands of extradition law from the perspective of the twenty-first century, including the ramifications of extraditing alleged terrorists to face justice in a shaken and bestirred America. This work will be valuable for anyone working on the myriad extradition cases now existing between the United States and Canada or for those interested in acquiring an understanding of certain historical differences between these North American neighbors. Published under the Transnational Publishers imprint.

Author : M. Cherif Bassiouni,Edward M. Wise
Publisher : BRILL
Page : 354 pages
File Size : 46,8 Mb
Release : 2023-10-20
Category : Law
ISBN : 9789004642676

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Aut dedere aut judicare: The Duty to Extradite or Prosecute in International Law by M. Cherif Bassiouni,Edward M. Wise Pdf

The emergence of a global community is accompanied by a realization that greater cooperation is essential to its welfare. This is particularly true in the area of crime prevention and control. The increase in international, transnational, transboundary and national crime has contributed to a genuine growth in the body of international criminal law. The most effective way to combat such crimes is for states to accept an obligation to try international criminal law offenders before their own courts or surrender them for trial before the courts of another state or an international court. Until such time as an effective system of international criminal justice is established, the duty to prosecute or extradite will remain the foundation for international criminal law enforcement. This book examines in detail the variety of international instruments which impose a duty to prosecute or to extradite. It asks how far this duty goes and whether one aspect of this obligation supersedes the other, and whether it can now be regarded as an obligation imposed by general international law. In discussing these questions, the book provides a highly illuminating account of the basic postulates of international criminal law and their relationship to competing visions of the nature of the international legal order. There is an evident need for international law to settle some of these questions. The ICJ, for example, needs to address the question in the case brought before it by Libya against the U.S. and the United Kingdom. Moreover, it will be a question of some significance with respect to the International Criminal Tribunal for the former Yugoslavia. Lastly, the prospect of a permanent international criminal court presently before the United Nations, is, in part, dependent on the effectiveness of aut dedere aut judicare. The two authors who address these difficult questions have contributed to the advancement of international law in general, and international criminal law in particular. They have produced a book which is a balanced blend of scholarly research and legal analysis.

Author : Michael John Garcia
Publisher : DIANE Publishing
Page : 47 pages
File Size : 47,8 Mb
Release : 2010-10
Category : Political Science
ISBN : 9781437934816

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Extradition to and from the United States by Michael John Garcia Pdf

¿Extradition¿ is the formal surrender of a person by a State to another State for prosecution or punishment. The U.S. has extradition treaties with over a hundred nations, although there are many countries with which it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool. Contents of this report: (1) Intro.; (2) Bars to Extradition; (3) Constitutionality; (4) Procedure for Extradition from the U.S.: Arrest and Bail; Hearing; Review; Surrender; (5) Extradition for Trial or Punishment in the U.S.; (6) Alternatives to Extradition; Waiver. Append.: Countries with Which the U.S. Has a Bilateral Extradition Treaty, and those with Which the U.S. Has No Bilateral Extradition Treaty.

Author : M. Cherif Bassiouni
Publisher : Oxford University Press, USA
Page : 1330 pages
File Size : 49,9 Mb
Release : 2014
Category : Law
ISBN : 9780199917891

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International Extradition by M. Cherif Bassiouni Pdf

"This edition remains, as its preceding ones, the most comprehensive text on the subject of international extradition, as practiced in and by the United States, and in general about the international practice of extradition". -- FOREWORD.

Author : Anonim
Publisher : Unknown
Page : 434 pages
File Size : 47,6 Mb
Release : 1983
Category : Law
ISBN : STANFORD:36105043786446

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Transnational Aspects of Criminal Procedure by Anonim Pdf

Author : Harmen van der Wilt
Publisher : Routledge
Page : 292 pages
File Size : 41,7 Mb
Release : 2022-06-13
Category : Law
ISBN : 9780429670206

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The Law and Practice of Extradition by Harmen van der Wilt Pdf

The Law and Practice of Extradition provides an in-depth overview of extradition law and practice, providing students with an understanding of how key elements have been shaped by the state, the fugitive and the international community. The process of globalisation has offered huge opportunities for organised crime, both in terms of expansion of operations and the possibility to evade justice, confronting states with considerable challenges. The Law and Practice of Extradition addresses all key topics in this fast-evolving area, including extradition and international crimes, terrorism and human rights. This textbook is particularly suitable for master's and post-doctoral students with a basic background knowledge of international law, criminal law and international relations, and will interest legal practitioners who seek a better understanding of extradition.

Author : Samuel Thayer Spear
Publisher : Unknown
Page : 836 pages
File Size : 43,5 Mb
Release : 1885
Category : Extradition
ISBN : HARVARD:32044080069164

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The Law of Extradition, International and Inter-state by Samuel Thayer Spear Pdf

Author : Sir Edward Clarke
Publisher : Unknown
Page : 214 pages
File Size : 54,8 Mb
Release : 1867
Category : Extradition
ISBN : UOM:39015062380087

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A Treatise Upon the Law of Extradition by Sir Edward Clarke Pdf

Author : Gerard V. La Forest,Canada
Publisher : New Orleans : Hauser Press
Page : 220 pages
File Size : 51,9 Mb
Release : 1961
Category : Extradition
ISBN : STANFORD:36105044430192

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Extradition to and from Canada by Gerard V. La Forest,Canada Pdf

Author : Anonim
Publisher : Unknown
Page : 91 pages
File Size : 52,7 Mb
Release : 1970
Category : Electronic
ISBN : 9287106002

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Legal Aspects of Extradition Among European States by Anonim Pdf