Extradition Law and Practice

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Publisher :
ISBN 13 : 9789089522078
Total Pages : 0 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Extradition Law and Practice by : Stefano Maffei

Download or read book Extradition Law and Practice written by Stefano Maffei and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Routledge
ISBN 13 : 0429670206
Total Pages : 292 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis The Law and Practice of Extradition by : Harmen van der Wilt

Download or read book The Law and Practice of Extradition written by Harmen van der Wilt and published by Routledge. This book was released on 2022-06-13 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Bringing International Fugitives to Justice

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Publisher : Cambridge University Press
ISBN 13 : 1107129281
Total Pages : 725 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Bringing International Fugitives to Justice by : David A. Sadoff

Download or read book Bringing International Fugitives to Justice written by David A. Sadoff and published by Cambridge University Press. This book was released on 2016-12-24 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.

Extradition, Politics, and Human Rights

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Publisher : Temple University Press
ISBN 13 : 9781566398237
Total Pages : 460 pages
Book Rating : 4.3/5 (982 download)

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Book Synopsis Extradition, Politics, and Human Rights by : Christopher H. Pyle

Download or read book Extradition, Politics, and Human Rights written by Christopher H. Pyle and published by Temple University Press. This book was released on 2001 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three hundred years ago, few people cared about the murky past of new arrivals to the United States, and the countries they had left made few efforts to pursue them to their new home. Today with the growth of bureaucracy, telecommunications, and air travel, extradition has become a full-time business. But the public's knowledge of, and consequent concern about, extradition remains minimal, aroused from time to time by newspaper headlines, only to fade. In this readable and compelling history of extradition in America, Christopher Pyle remedies that ignorance. Using American constitutional law and drawing on a wealth of historical cases, he describes the collision of law and politics that occurs when a foreign country demands the surrender of individuals held to be terrorists by some and freedom fighters by others. He shows how U.S. policymakers have attempted to substitute deportation for extradition, and turn the surrender of a foreign national (or even an American citizen) into a political rather than a judicial process. Beginning with the New England Puritans' refusal to surrender to the "regicides" who had signed the death warrant of King Charles I, he traces the attitudes and ideologies that have shaped American extradition practice, culminating in the efforts by the Reagan and Bush administrations to turn the legal extradition process into an executive tool of state policy. Along the way we meet such legal luminaries as James Madison and John Stuart Mill, William Rehnquist and Oliver North, as well as pirates and fugitive slaves, anarchists and refugees, drug lords and runaway sailors. Woven throughout this story is the author's belief that current developments in extradition law ignore or actually violate the principles of individual liberty, due process, and humanity on which we claim our country was built. As he remarks in the Introduction, "Extradition involves the surrender of human beings--persons under the protection of our Constitution--to foreign regimes, many of which are unjust. This reality was well understood in the eighteenth and nineteenth centuries, when the United States was a refuge for the victims of European oppression, but it has been disregarded frequently in the twentieth century as we have sought to stem the tide of immigration and develop advantageous economic and political relations with autocratic regimes of every stripe." Author note: Christopher H. Pyle is Professor of Politics at Mount Holyoke College. He is the author of several books and Congressional reports and has frequently testified before Congress on the subject of extradition and deportation.

Extradition Law: a Practitioner's Guide (2nd Edn).

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Publisher :
ISBN 13 : 9781908407610
Total Pages : pages
Book Rating : 4.4/5 (76 download)

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Book Synopsis Extradition Law: a Practitioner's Guide (2nd Edn). by : Edward Grange

Download or read book Extradition Law: a Practitioner's Guide (2nd Edn). written by Edward Grange and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Simmons V. Lohman

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Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.W/5 ( download)

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Book Synopsis Simmons V. Lohman by :

Download or read book Simmons V. Lohman written by and published by . This book was released on 1955 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Deport, Deprive, Extradite

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Publisher : Verso Books
ISBN 13 : 1786633507
Total Pages : 241 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis Deport, Deprive, Extradite by : Nisha Kapoor

Download or read book Deport, Deprive, Extradite written by Nisha Kapoor and published by Verso Books. This book was released on 2018-03-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extradition of terror suspects reveals the worst features of the security state In 2012 five Muslim men—Babar Ahmad, Talha Ahsan, Khalid al-Fawwaz, Adel Abdul Bary, and Abu Hamza—were extradited from Britain to the US to face terrorism-related charges. Fahad Hashmi was deported a few years before. Abid Naseer and Haroon Aswat would follow shortly. They were subject to pre-trial incarceration for up to seventeen years, police brutality, secret trials, secret evidence, long-term detention in solitary confinement, citizenship deprivation and more. Deport, Deprive, Extradite draws on their stories as starting points to explore what they illuminate about the disciplinary features of state power and its securitising conditions. In looking at these stories of Muslim men accused of terrorism-related offences, Nisha Kapoor exposes how these racialised subjects are dehumanised, made non-human, both in terms of how they are represented and via the disciplinary techniques used to expel them. She explores how these cases illuminate and enable intensifying authoritarianism and the diminishment of democratic systems.

Extradition in Multilateral Treaties and Conventions

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Publisher : BRILL
ISBN 13 : 9047408721
Total Pages : 451 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Extradition in Multilateral Treaties and Conventions by : Isidoro Zanotti

Download or read book Extradition in Multilateral Treaties and Conventions written by Isidoro Zanotti and published by BRILL. This book was released on 2006-06-15 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides indispensable access to an intricate and complex network of legal rules on extradition found in multilateral treaties and conventions, with specific emphasis on extradition in the Americas. It covers the historical development of the multilateral approach and presents a survey of the steps taken and work accomplished by organs of the Organization of American States with respect to updating the multilateral rules on extradition within the inter-American system. The analysis covers provisions of multilateral conventions of worldwide scope whose purposes are to prevent or repress specific categories of offences and compares the Inter-American Convention on Extradition with other multilateral treaties and conventions on that matter. The materials compiled in this volume give a welcome insight in the codification of law and constitute a fundamental tool for judicial cooperation in the Inter-American context.

Extradition in International Law

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Publisher : Manchester University Press
ISBN 13 : 9780719004179
Total Pages : 318 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Extradition in International Law by : Ivan Anthony Shearer

Download or read book Extradition in International Law written by Ivan Anthony Shearer and published by Manchester University Press. This book was released on 1971 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United States Attorneys' Manual

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ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Practical Guide to Extradition Law Post-Brexit

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Publisher : Law Brief Publishing
ISBN 13 : 9781913715359
Total Pages : 322 pages
Book Rating : 4.7/5 (153 download)

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Book Synopsis A Practical Guide to Extradition Law Post-Brexit by : Myles Grandison

Download or read book A Practical Guide to Extradition Law Post-Brexit written by Myles Grandison and published by Law Brief Publishing. This book was released on 2021-08-31 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 24th December 2020, just one week before the end of the transition period, the EU and UK brokered an agreement governing extradition between the UK and the Member States. That agreement is contained in Part 3 of the UK-EU Trade and Cooperation Agreement ('the TCA'), at Title VII, and applies to those who are arrested after 2300 on 31st December 2020. The TCA substantially replicates the Council Framework Decision 2002/584/JHA, but this is not to say that extradition to EU Member States will continue almost unchanged. There are some important and potentially radical differences between the wording of the two schemes, and the potential impact of the change in legal context should not be underestimated. In 'A Practical Guide to Extradition Law Post-Brexit', the members of Temple Garden Chambers' extradition team provide a guide to the operation of Part 1 of the Extradition Act 2003 ('the 2003 Act') in this new era, highlighting areas of likely continuity and change. They also introduce practitioners to cases under Part 2 of the 2003 Act, giving a clear and concise explanation of the procedural and substantive differences between the two regimes. "This book is timely, and practitioners will find it of great use ... it is well-researched, well-expressed, easy to follow and practical in its focus ... I commend it to all lawyers in the field." - from the Foreword by the Right Honourable Sir Stephen Irwin Editor Myles Grandison specialises in public law with a particular focus on extradition; representing requested persons, judicial authorities and the National Crime Agency. Myles also advises on issues such as prisoner transfer, freezing of assets across jurisdictions and mutual legal assistance. Contributors Kathryn Howarth practises in both public law and public international law. She has developed her expertise in extradition over the last decade and has been instructed in numerous leading cases. Daniel Sternberg is a specialist extradition, immigration and public law practitioner and a Deputy District Judge (Magistrates' Courts). He is ranked in Band 1 as a leading junior in the field of extradition by Chambers and Partners. Benjamin Seifert practises in extradition and public law. He appears at Westminster Magistrates' Court, the High Court and in the Supreme Court in extradition cases representing both requesting states and requested persons. His practice also includes inquests, inquiries and immigration law. Émilie Pottle is an extradition, public and international law specialist. She is recommended in the directories across multiple practice areas and has appeared before the Supreme Court, Court of Appeal and Divisional Court. Saoirse Townshend has a dynamic court and advisory practice specialising in extradition and public law. Saoirse is instructed alone and is led in complex and novel points of law before the Supreme Court and the Divisional Court. Emily Wilsdon practises in public and private law. She has particular expertise in inquests and inquiries, public law (including unlawful detention claims, human rights, immigration and asylum, trafficking, and national security) and extradition. Juliet Wells qualified in October 2018 and is building a busy practice in extradition and public international law. She represents requested persons in extradition proceedings before Westminster Magistrates' Court and the High Court, both led and as sole counsel.

Extradition

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Publisher :
ISBN 13 : 9780198268178
Total Pages : 0 pages
Book Rating : 4.2/5 (681 download)

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Book Synopsis Extradition by : Ivor Stanbrook

Download or read book Extradition written by Ivor Stanbrook and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 between Canada and the United States

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Publisher : BRILL
ISBN 13 : 9004479597
Total Pages : 479 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Extradition between Canada and the United States by : Gary Botting

Download or read book Extradition between Canada and the United States written by Gary Botting and published by BRILL. This book was released on 2021-10-01 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law

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Publisher : Graduate Institute Publications
ISBN 13 : 2940415048
Total Pages : 157 pages
Book Rating : 4.9/5 (44 download)

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Book Synopsis Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law by : Claire Mitchell

Download or read book Aut Dedere, aut Judicare: The Extradite or Prosecute Clause in International Law written by Claire Mitchell and published by Graduate Institute Publications. This book was released on 2011-03-31 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aut dedere aut judicare, or “extradite or prosecute” clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States’ armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.

Extradition to and from the United States

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Publisher : DIANE Publishing
ISBN 13 : 1437934811
Total Pages : 47 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Extradition to and from the United States by : Michael John Garcia

Download or read book Extradition to and from the United States written by Michael John Garcia and published by DIANE Publishing. This book was released on 2010-10 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: ¿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.

Extradited

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Publisher : Biteback Publishing
ISBN 13 : 1849549281
Total Pages : 312 pages
Book Rating : 4.8/5 (495 download)

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Book Synopsis Extradited by : Andrew Symeou

Download or read book Extradited written by Andrew Symeou and published by Biteback Publishing. This book was released on 2015-05-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2003: The European Arrest Warrant (EAW) is introduced under the Extradition Act. A mechanism intended to facilitate the speed and ease with which criminals are brought to justice, it prevents British courts from considering any evidence before extraditing a person wanted by the authorities of another European member state - a mechanism open to abuse and error. 2007: Eighteen-year-old Andrew Symeou travels to Greek island Zante to celebrate the end of exams with friends. While there, another British boy is punched in a nightclub and tragically dies two days later. The pair had never met and Andrew was in another nightclub at the time. Greek police beat witnesses, fabricate statements and pin the crime on a man from a photograph - one taken on a different night to the incident. 2008: Andrew is arrested at his north London home by British police with an EAW. He is wanted for murder. Private Eye described the Greek investigation as 'flawed, contradictory and in places ludicrous'. A British coroner slammed it as being 'a misguided effort to solve the crime'. Regardless, a British court was unable to prevent his extradition and, despite never having been questioned by police and publicly protesting his innocence, Andrew was thrown into a Greek prison with hardened criminals. He spent almost a year awaiting trial in truly horrific conditions, encountering violence, drugs, racism and rioting - the most extreme of which he witnessed in the infamous Korydallos Prison. ln 2011, Andrew was acquitted as the Greek police's case unravelled. Extradited is the honest, moving, yet witty account of Andrew's incredible fight for justice.

The Drug War in Mexico

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Publisher : Council on Foreign Relations
ISBN 13 : 0876094426
Total Pages : 57 pages
Book Rating : 4.8/5 (76 download)

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Book Synopsis The Drug War in Mexico by : David A. Shirk

Download or read book The Drug War in Mexico written by David A. Shirk and published by Council on Foreign Relations. This book was released on 2011 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: The drug war in Mexico has caused some U.S. analysts to view Mexico as a failed or failing state. While these fears are exaggerated, the problems of widespread crime and violence, government corruption, and inadequate access to justice pose grave challenges for the Mexican state. The Obama administration has therefore affirmed its commitment to assist Mexico through continued bilateral collaboration, funding for judicial and security sector reform, and building "resilient communities."David A. Shirk analyzes the drug war in Mexico, explores Mexico's capacities and limitations, examines the factors that have undermined effective state performance, assesses the prospects for U.S. support to strengthen critical state institutions, and offers recommendations for reducing the potential of state failure. He argues that the United States should help Mexico address its pressing crime and corruption problems by going beyond traditional programs to strengthen the country's judicial and security sector capacity and help it build stronger political institutions, a more robust economy, and a thriving civil society.