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Extradition Law and Practice by Stefano Maffei Pdf
The subject of "international extradition" is not independently taught in legal education programs around the world, yet extradition remains today the most significant form of mutual assistance in criminal matters between States. This book provides a concise and clear description of extradition law and procedure based on a number of key principles and concepts (double criminality, rule of speciality, assurances) drawn from domestic extradition statutes, bilateral and multilateral treaties. It then outlines 35 well-known extradition cases, in which suspects, accused and convicted persons fought the extradition requests by invoking certain grounds for refusal of surrender (human rights violations, unfairness of trial in the requesting country, excessive punishment, etc). For each of these cases, an outline of the facts, the outcome of the case, and the legal arguments of the parties is provided. The book is ideal for legal practitioners who wish to familiarise with the law and practice of extradition litigation around the world and to learn about the best available strategies to effectively assist clients in extradition cases.
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.
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.
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.
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.
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.
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.
This book provides the reader with a detailed and systematic analysis of the current state of UK extradition law. This is also the first book to critically examine the implications of the Human Rights Act. The new edition provides full analysis of recent developments including the Pinochet case.
Extradition Law in New Zealand by Neil Boister Pdf
Extradition Law in New Zealand is a descriptive and analytical statement of the laws and court practices of extradition in New Zealand. It aims to simplify the complex conditions and processes of extradition and balancing of criminal activity and the human rights of the person whose extradition is requested while following a logical progression of extradition proceedings. This is the first text focussed on extradition in a domestic context. It includes in-depth analysis of the Minister of Justice v Kyung Yup Kim [2019] NZSC 100 case and will incorporate the forthcoming Kim Dotcom Supreme Court decision.
