Aspects of Extradition LawThis 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. |
Contents
CHAPTER TWO MECHANISMS FOR INTERNATIONAL | 17 |
CHAPTER THREE PROCEDURAL ASPECTS | 33 |
CHAPTER FOUREXTRADITION AND HUMAN RIGHTS | 79 |
Copyright | |
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abduction Abu Daoud accused agreement alleged AM.J INT'L application approach arrest Article Assistance in Criminal asylum authority BASSIOUNI bilateral British civil law clause committed common law Commonwealth Scheme competent Contracting Party Council of Europe crimes against humanity criminal matters decision deportation domestic double criminality ECHR ECST European Convention evidence Extradition Act extradition hearing extradition law extradition request extradition treaties facie fugitive offender fugitive's granted Hijacking Human Rights inchoate offences INT'L & COMP international criminal court international criminal law international law Irish issue judicial justice legislation mutual assistance non-refoulement Pentonville Prison persecution person police political character political offence exemption politically motivated practice principle problem procedures prosecute protection punished reciprocity recognised refugee status refused relations rendition requirement rule SHEARER Soblen supra supra n23 surrender Swiss territory terrorism terrorist tion trial United Kingdom universal jurisdiction violation war crimes war criminals Warbrick