Read complete books and articles on: International Extradition Law

Extradition - ĕkstrədĭshˈən, delivery of a person, suspected or convicted of a crime, by the state where he has taken refuge to the state that asserts jurisdiction over him. Its purpose is to prevent criminals who flee a country from escaping punishment. Extradition first became a common policy in the 19th cent. International law does not recognize extradition as an obligation in the absence of a treaty, and although a state may, as a matter of courtesy, refuse asylum to a fugitive and honor a request for extradition, virtually all extradition takes place under the authority of bilateral treaties. The provisions of each nation's treaties may differ greatly from those of another, and it should be noted that some treaties are formulated so that a nation is not obligated to extradite. Extradition treaties agreed to by the United States require evidence that would show the accused to have violated the laws of both the United States and the demanding country. Moreover extradition can occur only for an offense that has been named in the treaty. In common with many other nations, the United States will not surrender a fugitive wanted for a political crime. American treaties generally provide that U.S. nationals will be surrendered for trial in a foreign country. In contrast to the United States and Great Britain, most nations of the European Continent will surrender a fugitive upon simple demand and will try their own nationals domestically for crimes committed abroad. The U.S. Congress, pursuant to Article 4, Section 2, of the U.S. Constitution, has established a uniform law of extradition between the states, known as interstate rendition. This law provides that any person properly charged is subject to extradition regardless of the nature of the crime. Although the states normally comply with extradition demands, the Supreme Court has held that they have the right to refuse compliance.

Show Excerpt Only

10 of the Best Books and Articles on: International Extradition Law

as selected by Questia librarians

1.

International Fugitives: A New Role for the International Court of Justice (Part I "The Problem: The International Extradition of Criminals") » Read Now
by Barbara M. Yarnold. 158 pgs.

Collections: Entire Library

This volume argues that international extradition practices as they currently exist are not functioning adequately and that the inability of current extradition procedures to fulfill the needs of the parties involved poses a serious threat to world peace and security. The author proposes an...
Read More

This volume argues that international extradition practices as they currently exist are not functioning adequately and that the inability of current extradition procedures to fulfill the needs of the parties involved poses a serious threat to world peace and security. The author proposes an alternative mechanism for dealing with requests for international extradition in which the International Court of Justice plays a central role.
Show less
2.

The Judicial Application of Human Rights Law: National, Regional, and International Jurisprudence ("Extradition or Deportation" begins on p. 265) » Read Now
by Nihal Jayawickrama. 965 pgs.

Collections: Entire Library

The original human rights concepts articulated in the 1948 Universal Declaration have evolved considerably. Nihal Jayawickrama encapsulates the judicial interpretation of human rights law from all available sources in one comprehensive volume, covering superior court case law of over fifty-five...
Read More

The original human rights concepts articulated in the 1948 Universal Declaration have evolved considerably. Nihal Jayawickrama encapsulates the judicial interpretation of human rights law from all available sources in one comprehensive volume, covering superior court case law of over fifty-five countries, the jurisprudence of the U.N. Human Rights monitoring bodies, the European Court of Human Rights, and the Inter-American system. This definitive compendium will be essential for legal practitioners, government and non-governmental officials, and academics and students of constitutional law and the international law of human rights.
Show less
3.

Terrorism and International Law (Chap. 9 "Terrorism and Extradition: A British Perspective" and Chap. 10 "Terrorism and Extradition: A French Perspective") » Read Now
by Maurice Flory, Rosalyn Higgins. 382 pgs.

Collections: Entire Library

The proliferation in terrorist activity has provoked an increase in the body of law, both at national and international level, which has sought to counter and prevent it. The bodies involved in this process range from the UN Security Council to government legislatures. This book is the first to...
Read More

The proliferation in terrorist activity has provoked an increase in the body of law, both at national and international level, which has sought to counter and prevent it. The bodies involved in this process range from the UN Security Council to government legislatures. This book is the first to address, in one volume, the wide variety of responses to terrorism as they exist in both international and domestic contexts. It also represents the first ever comprehensive collection of documents referring to terrorism which are to be found in the laws of the UK and France as well as in international law. Terrorism and International Law comprises contributions by thirteen well-known authorities in the areas of international, French and UK law, and is divided into four main sections: international cooperation against terrorism, the French and British responses to terrorism, the limits of state action and a documentary supplement. The contributors have sought to show how international and domestic law can be used together to combat the multi-faceted problems which terrorism raises. The issue of human rights is also discussed with particular reference to the jurisprudence of the European Commission and Court of Human Rights. The fourth documentary section of the book provides coverage of international treaties, UN resolutions, UK and French legislation, case-law and official statements relating to terrorism. This book provides an invaluable source of commentary and reference material in the area of terrorism and international and domestic law which will be useful for practitioners, diplomats, students and teachers.
Show less
4.

Rebels with a Cause: The Minds and Morality of Political Offenders (Chap. 6 "The Political Offender's Quest for Sanctuary: Asylum or Extradition?") » Read Now
by Nicholas N. Kittrie. 418 pgs.

Collections: Entire Library

Nicholas N. Kittrie is distinguished university professor and former dean at the American University Law School.
5.

The Abolition of the Death Penalty in International Law ("Extradition, Expulsion, Deportation and the Death Penalty" begins on p. 139) » Read Now
by William A. Schabas. 459 pgs.

Collections: Entire Library

This extensively revised third edition covers developments since publication of the second edition in 1997. It includes consideration of the UN human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters address capital punishment...
Read More

This extensively revised third edition covers developments since publication of the second edition in 1997. It includes consideration of the UN human rights system, international humanitarian law, European human rights law and Inter-American human rights law. New chapters address capital punishment in African human rights law and international criminal law. An extensive list of appendices contains many of the essential documents for the study of capital punishment in international law. (Introduced with a Foreword by Judge Gilbert Guillaume, President of the International Court of Justice.) Previous Edition Hb (1997): 0-521-58135-4 Previous Edition Pb (1997): 0-521-58887-1
Show less
6.

Terrorism: Pragmatic International Deterrence and Cooperation (Chap. 2 "Political Considerations and International Extradition") » Read Now
by Richard Allan. 73 pgs.

Collections: Entire Library
7.

Policing the European Union (Chap. 7 "European Police Co-operation in Criminal Matters") » Read Now
by Malcolm Anderson, Monica den Boer, Peter Cullen. 338 pgs.

Collections: Entire Library

International co-operation in criminal law enforcement has become an important policy issue for Europe in the 1990s. This book examines all of the major empirical and theoretical issues associated with the emerging pattern of co-operation, including the harmonization of criminal law and criminal...
Read More

International co-operation in criminal law enforcement has become an important policy issue for Europe in the 1990s. This book examines all of the major empirical and theoretical issues associated with the emerging pattern of co-operation, including the harmonization of criminal law and criminal procedures, law enforcement strategies, police organization and discipline, and the politics of immigration and civil liberties.
Show less
8.

The Soering Case, in American Journal of International Law » Read Now
by Richard B. Lillich. 22 pgs.

Collections: Entire Library

...BASSIOUNI I M., INTERNATIONAL EXTRADITION: UNITED STATES LAW AND PRACTICE...of various international human rights...Impact on Extradition Law Soering...customary...
9.

Extradition: United States-Federal Republic of Germany Supplementary Treaty, in American Journal of International Law » Read Now
by Marian Nash Leich. 9 pgs.

Collections: Entire Library

...EXTRADITION MARIAN NASH LEICH...United States Practice in international Law , published by the...offense exception to extradition. It therefore represents...step toward...
10.

Extradition: United States-United Kingdom Supplementary Treaty, in American Journal of International Law » Read Now
by Marian Nash Leich. 8 pgs.

Collections: Entire Library

...EXTRADITION MARIAN...Practice in International Law , published...tradition of international law applicable with...offenses from extradition. By contrast...Supplementary...