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.

Aspects of Extradition Law

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Publisher : BRILL
ISBN 13 : 9004482156
Total Pages : 297 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Aspects of Extradition Law by : Geoff Gilbert

Download or read book Aspects of Extradition Law written by Geoff Gilbert and published by BRILL. This book was released on 2022-07-04 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Terrorism, Criminal Law and Politics

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Publisher : Routledge
ISBN 13 : 0429581513
Total Pages : 209 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Terrorism, Criminal Law and Politics by : Julia Jansson

Download or read book Terrorism, Criminal Law and Politics written by Julia Jansson and published by Routledge. This book was released on 2019-07-23 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.

International Extradition

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Publisher : Oxford University Press, USA
ISBN 13 : 0199917892
Total Pages : 1330 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis International Extradition by : M. Cherif Bassiouni

Download or read book International Extradition written by M. Cherif Bassiouni and published by Oxford University Press, USA. This book was released on 2014 with total page 1330 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

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.

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.

Contemporary Issues in Law & Politics

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Publisher :
ISBN 13 : 9781858001210
Total Pages : 144 pages
Book Rating : 4.0/5 (12 download)

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Book Synopsis Contemporary Issues in Law & Politics by : Robert Clark

Download or read book Contemporary Issues in Law & Politics written by Robert Clark and published by . This book was released on 1998 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume integrates legal analysis with political developments. It offers a mix of practical articles and theoretical pieces covering topics such as mapping the European regulation of asylum, and human rights considerations in extradition and expulsion cases

The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics (The Norton Series in World Politics)

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Publisher : W. W. Norton & Company
ISBN 13 : 0393083284
Total Pages : 353 pages
Book Rating : 4.3/5 (93 download)

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Book Synopsis The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics (The Norton Series in World Politics) by : Kathryn Sikkink

Download or read book The Justice Cascade: How Human Rights Prosecutions Are Changing World Politics (The Norton Series in World Politics) written by Kathryn Sikkink and published by W. W. Norton & Company. This book was released on 2011-09-26 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaimed scholar Kathryn Sikkink examines the important and controversial new trend of holding political leaders criminally accountable for human rights violations. Grawemeyer Award winner Kathryn Sikkink offers a landmark argument for human rights prosecutions as a powerful political tool. She shows how, in just three decades, state leaders in Latin America, Europe, and Africa have lost their immunity from any accountability for their human rights violations, becoming the subjects of highly publicized trials resulting in severe consequences. This shift is affecting the behavior of political leaders worldwide and may change the face of global politics as we know it. Drawing on extensive research and illuminating personal experience, Sikkink reveals how the stunning emergence of human rights prosecutions has come about; what effect it has had on democracy, conflict, and repression; and what it means for leaders and citizens everywhere, from Uruguay to the United States. The Justice Cascade is a vital read for anyone interested in the future of world politics and human rights.

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.

Extradition Law

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Publisher :
ISBN 13 : 9789004411197
Total Pages : 0 pages
Book Rating : 4.4/5 (111 download)

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Book Synopsis Extradition Law by : Miguel João Costa

Download or read book Extradition Law written by Miguel João Costa and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Extradition

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Publisher :
ISBN 13 : 9780379215502
Total Pages : 0 pages
Book Rating : 4.2/5 (155 download)

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Book Synopsis International Extradition by : Cherif Bassiouni

Download or read book International Extradition written by Cherif Bassiouni and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The human rights implications of UK extradition policy

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780108473500
Total Pages : 78 pages
Book Rating : 4.4/5 (735 download)

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Book Synopsis The human rights implications of UK extradition policy by : Great Britain: Parliament: Joint Committee on Human Rights

Download or read book The human rights implications of UK extradition policy written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2011-06-22 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights concludes that the current statutory framework does not provide effective protection for human rights. The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination. The Committee calls on the Government to spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the "most appropriate forum" safeguard in the Police and Criminal Justice Act 2006 and that a requirement for the requesting country to show a prima facie case or similarly robust evidential threshold should be introduced in extradition cases. The most appropriate forum safeguard would require the judge to consider whether it is in the interests of justice for the individual to be tried in the requesting country - and to refuse the extradition request if it is not. The committee also calls for negotiated changes to the European Arrest Warrant, a review of the provision of legal representation. The committee also concludes that the power of the Secretary of State to refuse extradition to non-EU countries should not be extended. The powers of the judge in an extradition case should instead ensure adequate protection of rights.

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.

Mediating Human Rights

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Publisher : Routledge
ISBN 13 : 1317950585
Total Pages : 195 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Mediating Human Rights by : Lieve Gies

Download or read book Mediating Human Rights written by Lieve Gies and published by Routledge. This book was released on 2014-07-11 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on social-legal, cultural and media theory, this book is one of the first to examine the media politics of human rights. It examines how the media construct the story of human rights, investigating what lies behind the apparent media hostility to human rights and what has become of the original ambition to establish a human rights culture. The human rights regime has been high on the political agenda ever since the Human Rights Act 1998 was enacted. Often maligned in sections of the press, the legislation has entered popular folklore as shorthand for an overbearing government, an overzealous judiciary and exploitative claimants. This book examines a range of significant factors in the mediation of human rights, including: Euroscepticism, the war on terror, the digital reordering of the media landscape, , press concerns about an emerging privacy law and civil liberties. Mediating Human Rights is a timely exploration of the relationship between law, politics and media. It will be of immense interest to those studying and researching across Law, Media Studies, Human Rights, and Politics.

Human Rights as Politics and Idolatry

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Publisher : Princeton University Press
ISBN 13 : 1400842840
Total Pages : 216 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Human Rights as Politics and Idolatry by : Michael Ignatieff

Download or read book Human Rights as Politics and Idolatry written by Michael Ignatieff and published by Princeton University Press. This book was released on 2011-12-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Ignatieff draws on his extensive experience as a writer and commentator on world affairs to present a penetrating account of the successes, failures, and prospects of the human rights revolution. Since the United Nations adopted the Universal Declaration of Human Rights in 1948, this revolution has brought the world moral progress and broken the nation-state's monopoly on the conduct of international affairs. But it has also faced challenges. Ignatieff argues that human rights activists have rightly drawn criticism from Asia, the Islamic world, and within the West itself for being overambitious and unwilling to accept limits. It is now time, he writes, for activists to embrace a more modest agenda and to reestablish the balance between the rights of states and the rights of citizens. Ignatieff begins by examining the politics of human rights, assessing when it is appropriate to use the fact of human rights abuse to justify intervention in other countries. He then explores the ideas that underpin human rights, warning that human rights must not become an idolatry. In the spirit of Isaiah Berlin, he argues that human rights can command universal assent only if they are designed to protect and enhance the capacity of individuals to lead the lives they wish. By embracing this approach and recognizing that state sovereignty is the best guarantee against chaos, Ignatieff concludes, Western nations will have a better chance of extending the real progress of the past fifty years. Throughout, Ignatieff balances idealism with a sure sense of practical reality earned from his years of travel in zones of war and political turmoil around the globe. Based on the Tanner Lectures that Ignatieff delivered at Princeton University's Center for Human Values in 2000, the book includes two chapters by Ignatieff, an introduction by Amy Gutmann, comments by four leading scholars--K. Anthony Appiah, David A. Hollinger, Thomas W. Laqueur, and Diane F. Orentlicher--and a response by Ignatieff.

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.

Hierarchy in International Law

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Publisher : Oxford University Press
ISBN 13 : 0191627763
Total Pages : pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Hierarchy in International Law by : Erika De Wet

Download or read book Hierarchy in International Law written by Erika De Wet and published by Oxford University Press. This book was released on 2012-03-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an inductive approach to the question of whether there is a hierarchy in international law, with human rights obligations trumping other duties. It assesses the extent to which such a hierarchy can be said to exist through an analysis of the case law of national courts. Each chapter of the book examines domestic case law on an issue where human rights obligations conflict with another international law requirement, to see whether national courts gave precedence to human rights. If this is shown to be the case, it would lend support to the argument that the international legal order is moving toward a vertical legal system, with human rights at its apex. In resolving conflicts between human rights obligations and other areas of international law, the practice of judicial bodies, both domestic and international, is crucial. Judicial practice indicates that norm conflicts typically manifest themselves in situations where human rights obligations are at odds with other international obligations, such as immunities; extradition and refoulement; trade and investment law; and environmental protection. This book sets out and analyses the relevant case law in all of these areas.