Relevant bibliographies by topics / Extradition treaties

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Academic literature on the topic 'Extradition treaties'

Author: Grafiati
Published: 18 May 2024

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Journal articles on the topic "Extradition treaties"

1

Harrington, Joanna. "The Role for Human Rights Obligations in Canadian Extradition Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 43 (2006): 45–100. http://dx.doi.org/10.1017/s0069005800008742.

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SummaryTo secure greater inter-state cooperation in criminal law enforcement, Canada has entered into a number of extradition treaties. Yet alongside this network of extradition treaties lies a network of human rights treaties to which Canada has also agreed to be bound. Given the inherently international nature of extradition, and the interconnection between Canada's human rights treaties and its obligations under the Canadian Charter of Rights and Freedoms, one would have thought that Canada's international human rights obligations might play some role in bolstering the protection afforded by the Charter to the rights of an individual facing extradition from Canada, even if the threshold for invoking the latter remains high. And yet, while a review of Canada's extradition jurisprudence for the past thirty years confirms that a role for human rights has emerged in Canadian extradition law, scant attention has been paid to Canada's international human rights treaty obligations as treaty obligations when deciding whether to extradite upon receiving a valid request. The author argues that if Canada's international human rights obligations were considered, along with Canada's domestic Charter obligations, greater guidance would be made available as to the appropriate balance of rights and obligations at stake, while also affording equal treatment to all of the treaty obligations relevant to extradition.
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Alibašić, Mirsen. "The position of the defense counsel in extradition proceedings in the Republic of Serbia." Glasnik Advokatske komore Vojvodine 95, no. 2 (2023): 643–88. http://dx.doi.org/10.5937/gakv95-39449.

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Extradition or delivery of a person who is accused or convicted is a legal process that enables the conduct of criminal proceedings and the execution of criminal sanctions against them in another country. Given that the process of extraditing the accused or convicted is regulated by law, the question of the position of the defense counsel in this process arises. By applying the normative method in this paper, through the analysis of statutory provisions and provisions of international treaties, the position of the defense counsel in extradition proceedings in the Republic of Serbia has been systematically presented, that is, their rights, duties, and powers at every stage of these proceedings with a critical overview of certain legal solutions. Furthermore, international standards related to the role and activities of the Committee against Torture and the European Court of Human Rights regarding the regulation and implementation of extradition proceedings and the position of the defense counsel in these proceedings are presented.
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Rahmiati, Rahmiati, Rahmad Sujud Hidayat, Mohamad Safrin, and Juandi Juandi. "Implication Extradisi, Mutual Legal Assistance (UNODC) Dikaitkan Teori Pidana, Perjanjian Internasional." Wajah Hukum 7, no. 1 (April 5, 2023): 141. http://dx.doi.org/10.33087/wjh.v7i1.1192.

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Extradition agreements based on the international resolution A/RES/45/166 68th Plenary meeting on 14 December 1990 in conjunction with A/RES/52/88 70th Plenary meeting on December 12, 1997 for making extradition treaties and mutual legal assistance internationally.This propose the problem identification as follows: 1. What are the important articles suggested in the extradition treaty and mutual legal assistance related to criminal theory and international treaties. 2. How is the application and implementation of the extradition and mutual legal assistance based on the national and regional especially In Indonesia.This research conducted is analytical descriptive. Here is the research results, as follows: 1.) Important articles suggested in the extradition treaty are the principle of nebis in idem, the principle of multiple crimes and the diplomatic principle and the mutual legal assistance is the principle of agreement, the principle of reciprocity, the principle of equality of crimes, the principle of territoriality and the principle of surrendering the perpetrators of political crimes. 2) The implementation of extradition treaty model and the mutual legal assistance from the national and regional legal aspects. Based on the regional aspect, Indonesia is the most active country in realizing a cooperation within an agreement.
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Zheng, Zhichao, and Yihan Lu. "Research on International Police Cooperation from the Perspective of Game Theory — Take Extradition Cooperation as an Example." Journal of Research in Social Science and Humanities 3, no. 4 (April 2024): 55–60. http://dx.doi.org/10.56397/jrssh.2024.04.10.

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The article analyzes extradition cooperation in international police cooperation from the perspective of game theory, and discusses the supervision mechanism, responsibility mechanism and interest mechanism of extradition cooperation based on “collaborative game”, “coordination game” and “guarantee game”. It proposed optimization paths such as accelerating the signing of treaties, expanding the scope of application, simplifying extradition procedures, using alternative measures, and relying on international organizations, in order to help my country improve its extradition mechanism and strengthen the effectiveness of overseas pursuit of fugitives.
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Mokoena, Untalimile Crystal Nyathi, and Emma Charlene Lubaale. "Extradition in the absence of state agreements: Provisions in international treaties on extradition." South African Crime Quarterly, no. 67 (May 15, 2019): 31–42. http://dx.doi.org/10.17159/2413-3108/2019/v0n67a4927.

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By virtue of state sovereignty, states exercise authority over all persons and things within their territories. This includes individuals suspected of committing or charged with crimes in foreign states. International law generally imposes no obligation to surrender individuals suspected of or charged with committing crimes in foreign states. Fugitives may only be returned when an agreement exists between the states concerned. As such, states are increasingly ratifying international treaties mandating cooperation to ensure that individuals responsible for certain categories of crimes are brought to justice. It is worth noting that some of these states lack extradition treaties with each other. For example, South Africa and the United Arab Emirates (UAE) are party to the United Nations Convention Against Corruption (UNCAC) which mandates that they cooperate with each other in ensuring that crimes related to corruption are prosecuted. However, there is no extradition treaty between South Africa and the UAE. In these circumstances, a question arises as to whether they can they rely on the UNCAC to extradite individuals for corruption-related crimes. If they can, what is the nature of the international obligation entrenched under the UNCAC? Overall, what is the standing of international treaty clauses on extradition for states without extradition treaties?
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Mokoena, Untalimile Crystal Nyathi, and Emma Charlene Lubaale. "Extradition in the absence of state agreements: Provisions in international treaties on extradition." South African Crime Quarterly, no. 67 (May 15, 2019): 31–42. http://dx.doi.org/10.17159/2413-3108/2019/i67a4927.

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By virtue of state sovereignty, states exercise authority over all persons and things within their territories. This includes individuals suspected of committing or charged with crimes in foreign states. International law generally imposes no obligation to surrender individuals suspected of or charged with committing crimes in foreign states. Fugitives may only be returned when an agreement exists between the states concerned. As such, states are increasingly ratifying international treaties mandating cooperation to ensure that individuals responsible for certain categories of crimes are brought to justice. It is worth noting that some of these states lack extradition treaties with each other. For example, South Africa and the United Arab Emirates (UAE) are party to the United Nations Convention Against Corruption (UNCAC) which mandates that they cooperate with each other in ensuring that crimes related to corruption are prosecuted. However, there is no extradition treaty between South Africa and the UAE. In these circumstances, a question arises as to whether they can they rely on the UNCAC to extradite individuals for corruption-related crimes. If they can, what is the nature of the international obligation entrenched under the UNCAC? Overall, what is the standing of international treaty clauses on extradition for states without extradition treaties?
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Nash, Marian. "Contemporary Practice of the United States Relating to International Law." American Journal of International Law 86, no. 3 (July 1992): 547–52. http://dx.doi.org/10.2307/2203968.

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The material in this section is arranged according to the system employed in the annual Digest of United States Practice in International Law, published by the Department of State.Alan J. Kreczko, Deputy Legal Adviser of the Department of State, appeared before the Senate Committee on Foreign Relations on April 8, 1992, to testify in support of various pending treaties, among them four extradition treaties: the Extradition Treaty between the Government of the United States of America and the Government of the Commonwealth of The Bahamas, signed at Nassau on March 9, 1990; the Protocol Amending the Treaty on Extradition between the United States of America and Australia, signed on September 4, 1990, at Seoul, Republic of Korea (where the Asia-Pacific Attorneys General Conference was being held); the Supplementary Treaty to the Treaty between the United States of America and the Federal Republic of Germany concerning Extradition, signed at Washington on October 21, 1986; and the Second Supplementary Treaty on Extradition between the United States and Spain, signed at Madrid on February 9, 1988.
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Kantur, Ruslan A. "Extradition clauses in multilateral international treaties: international legal aspects." Russian Journal of Legal Studies (Moscow) 7, no. 2 (November 2, 2020): 78–83. http://dx.doi.org/10.17816/rjls34051.

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The article focuses upon the legal sense of extradition clauses in multilateral criminal law treaties. The methodology of the article embraces both general methods, such as analysis and synthesis, and specific ones, such as comparative, statistical, and linguistic methods. A multi-pronged evaluation of the clause is performed, with particular scrutiny given to the different kinds of authentic English- and Russian-language wording intrinsic to this type of treaty. Such clauses are prone to have a direct effect and are subject to implementation by state parties to an international treaty, along with its substantive norms. In some cases, an extradition clause is considered a substitute for a special extradition treaty, notwithstanding the deficiency of the presumption of inclusion of crimes criminalized by the conventions in bilateral extradition treaties. Irrespective of the salient virtues inherent in such clauses (for instance, the absence of the necessity to elaborate and conclude a special extradition treaty; the procurement of enforcing substantive norms; the existence of legal mechanisms provided for in such conventions by dint of which state parties are entitled to resort to international judicial organs, in case of any dispute concerning the application or interpretation of a treaty), the shortcomings, among which are a narrow range of crimes to which the clause relates, and a set of legal hindrances connected with the implementation process, are unequivocal.
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Terkelsen, Ole. "Udlevering af lovovertrædere – en retshistorisk undersøgelse af retsgrundlaget og nogle statsretlige overvejelser." Nordisk Tidsskrift for Kriminalvidenskab 104, no. 3 (November 26, 2017): 289–317. http://dx.doi.org/10.7146/ntfk.v104i3.115051.

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This article examines the legal framework for Danish extradition as practiced prior to the first extradition acts from the 1960s. First, the article describes the development of international extradition law from a Danish perspective. Agreementsregarding extradition can be found in Danish treaties dating back several hundred years. Second, the article analyses the Danish legal basis of extradition. The lack of legislation until the 1960s has often been criticized by legal scholars,but the topic has not been studied in depth before. The early Danish extradition practice raises fundamental legal questions regarding inter alia the legal protection of foreigners in Denmark, the scope of the principle of legality, and the interpretation of the provisions of the Danish constitution relating to the deprivation of liberty.
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Abdullozoda, Parviz S. "Fulfillment of inquiry on extradition of persons for solving criminal case of execution of sentence on the example of post-Soviet countries." Vestnik of Saint Petersburg University. Law 13, no. 3 (2022): 787–803. http://dx.doi.org/10.21638/spbu14.2022.313.

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The article deals with topical issues related to executing requests for extraditing a person for the resolution of a criminal case or the execution of a sentence, and analyzes norms of international legal acts and national legislation in post-Soviet countries. The lack of uniformity across post-Soviet countries on this issue is noted, since each post-Soviet country has its own characteristics. Carrying out an extradition is not only one procedural action; it consists of several procedural actions aimed at the actual transfer of the person. This article examines proceedings for the extradition of a person to a foreign state, which traditionally begins with the detention of that person on the international wanted list, a notification to a foreign state about the detention of that person on the international wanted list, and a request to send a request for extradition of that person, the receipt of that request for extradition, and verification of compliance with the request against norms of national legislation and norms of international treaties. Also involves are resolving the extradition of a person to a foreign state with a possible appeal against this decision, organizing a case regarding the actual transfer of a person. The author concludes that there are difficulties executing an extradition request that subsequently leads to non-execution of the request, and delay or refusal to extradite. In this process, the worst result is to import rules on the refusal of extradition without a reasonable assumption and justification for different purposes. In any case, the refusal to extradite people without a substantial reason will not lead to a good outcome: distrust of states can become the basis for damaged relations and non-extraditable persons. Ideas are proposed for improving criminal procedural legislation and law enforcement practice in this area, as well as the effectiveness of actions aimed at resolving this issue.
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Dissertations / Theses on the topic "Extradition treaties"

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Чемодурова, К. Ф. "Екстрадиція в кримінальному праві." Thesis, Сумський державний університет, 2016. http://essuir.sumdu.edu.ua/handle/123456789/46764.

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Зростання рівня злочинності у сучасному світі вимагає застосування різноманітних заходів боротьби з цим негативним явищем. Унаслідок цього держави змушені об’єднувати свої зусилля у протидії злочинним проявам. Сформований протягом століть інститут видачі обвинувачуваних і засуджених є ефективною формою надання взаємної допомоги держав у боротьбі із злочинністю.
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Agarwal, Pukhraj. "Critical study of the impact of the doctrin of non-refoulement upon extradition treaties between countries from 1973-2014." Thesis, University of North Bengal, 2017. http://ir.nbu.ac.in/handle/123456789/2653.

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Njambatwa, Siyasanga. "The protection of the right to freedom from torture and extradition in South Africa." University of Western Cape, 2013. http://hdl.handle.net/11394/3911.

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Books on the topic "Extradition treaties"

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Trade, Canada Dept of Foreign Affairs and International. Extradition : agreement between the Government of Canada and the Government of Hong Kong for the surrender of fugitive offenders, Hong Kong, September 7, 1993, in force June 13, 1997 =: Extradition : accord entre le gouvernement du Canada et le gouvernement de Hong Kong sur la remise des délinquants en fuite, Hong Kong, le 7 septembre 1993, en vigueur le 13 juin 1997. Ottawa, Ont: Queen's Printer = Imprimeur de la Reine, 1998.

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Canada. External Affairs and International Trade Canada. Extradition : protocol amending the Treaty on Extradition between the Government of Canada and the Government of the United States of America signed at Washington on December 3, 1971, as amended by an Exchange of notes on June 28 and July 9, 1974 =: Extradition : protocole modifiant le Traité d'extradition entre le gouvernement du Canada et le gouvernement des États-Unis d'Amérique signé à Washington le 3 décembre 1971, en sa version modifiée par échange de notes le 28 juin et le 9 juillet 1974. Ottawa, Ont: External Affairs and International Trade Canada, 1992.

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Bassett, Moore John. A treatise on extradition and interstate rendition: With appendices containing the treaties and statutes relating to extradition, the treaties relating to the desertion of seamen, and the statutes, rules of practice, and forms, in force in the several states and territories, relating to interstate rendition. Littleton, Colo: F.B. Rothman & Co., 1996.

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Canada. External Affairs and International Trade Canada. Extradition : Treaty between Canada and the Swiss Confederation on extradition, Berne, October 7, 1993, in force March 19, 1996 =: Extradition : Traité d'extradition entre le Canada et la Confédération Suisse, Berne, le 7 octobre 1993, en vigueur le 19 mars 1996. Ottawa, Ont: Queen's Printer for Canada = Imprimeur de la Reine pour le Canada, 1996.

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United States. Congress. House. Committee on Government Reform. Subcommittee on Criminal Justice, Drug Policy, and Human Resources. Getting away with murder, is Mexico a safe haven for killers?: The Del Toro case : hearing before the Subcommittee on Criminal Justice, Drug Policy, and Human Resources of the Committee on Government Reform, House of Representatives, One Hundred Sixth Congress, first session, June 23, 1999. Washington: U.S. G.P.O., 2000.

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Acquarone, Appio Claudio. Tratados de extradição: Construção, atualidade e projeção do relacionamento bilateral brasileiro. Brasília, DF: Instituto Rio Branco, 2003.

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I͡U︡, Berestnev I͡U︡, ed. Mezhdunarodno-pravovye aspekty ėkstradit͡s︡ii: Sbornik dokumentov. Moskva: Izd-vo "I͡U︡rid. lit-ra", 2000.

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Consular conventions, extradition treaties, and treaties relating to Mutual Legal Assistance in Criminal Matters (MLATS): Hearing before the Committee on Foreign Relations, United States Senate, One Hundred Second Congress, second session, April 8, 1992. Washington: U.S. G.P.O., 1992.

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Nesterenko, S. S. Miz︠h︡narodno-pravovyĭ zakhyst prav li︠u︡dyny pry zdiĭsnenni ekstradyt︠s︡iï: Monohrafii︠a︡. Odesa: Feniks, 2011.

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United States. Congress. Senate. Committee on Foreign Relations. Consideration of pending treaties: Hearings before the Committee on Foreign Relations, United States Senate, One Hundred Sixth Congress, second session, September 12 and 13, 2000. Washington, D.C: U.S. G.P.O., 2000.

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Book chapters on the topic "Extradition treaties"

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Braithwaite, John. "Containing Russia: Containing Nuclear Wars and Lesser Wars that Cascade." In Simple Solutions to Complex Catastrophes, 77–139. Cham: Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-48747-7_4.

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AbstractWar cascades to economic crises, environmental crises, and epidemics. There have been three major spikes in risks of nuclear war: the Kennedy-Krushchev spike (early 1960s); the mid-1980s (Reagan-Gorbachev); and the Biden-Putin-Xi spike today. Tangible steps were taken with the first two toward nuclear weapons elimination. Prospects of that with the current spike are mired in failures of Ukraine peacemaking. Extradition law reform is a strategy for deterrence of WMD ban violators. When nuclear powers frustrate disarmament, regional disarmament treaties can be grown. Progressively dismantled mutual assured nuclear destruction (MAD) can be steppingstones to prevent Mutual Assured Digital Destruction (MADD). Invading other countries is rare today. It does not pay. Recent empirics of warmaking effectiveness have reduced the explanatory power of realist international relations theory.
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STEIN, TORSTEN. "EXTRADITION TREATIES." In Digital Communications, 229–31. Elsevier, 1985. http://dx.doi.org/10.1016/b978-0-444-87911-0.50060-x.

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Curtis A, Bradley. "9 Extradition and Other Means of Criminal Law Enforcement." In International Law in the US Legal System. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780197525609.003.0009.

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This chapter considers the extradition of criminal suspects to and from the United States, as well as other issues relating to international criminal law enforcement. The chapter begins by describing early U.S. practice relating to extradition. It then describes the respective roles of the courts and the executive branch in modern extradition cases. The chapter further describes some of the common limitations in U.S. extradition treaties, such as the dual criminality requirement, the political offense exception, and the specialty doctrine, and how these limitations have been applied by the courts. In addition, the chapter considers special issues that have arisen in some cases involving extradition to the United States where the federal government or a state government is likely to seek the death penalty. Besides extradition treaties, the chapter also discusses Mutual Legal Assistance Treaties and prisoner exchange agreements. The chapter concludes by discussing the domestic legal implications of both international abduction of criminal suspects and “extraordinary rendition” of suspects in the war on terrorism.
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Stanbrook, Ivor, and Clive Stanbrook Qc. "Extradition to the Commonwealth." In Extradition: Law And Practice, 285–302. Oxford University PressOxford, 2000. http://dx.doi.org/10.1093/oso/9780198268178.003.0012.

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Abstract Extradition arrangements between the United Kingdom and the Commonwealth are based, with three exceptions, on reciprocal legislation. A model scheme was devised by representatives of the governments concerned in 1966 and has been revised at intervals since then. In general, the United Kingdom’s arrangements with the countries and colonies making up the Commonwealth are regulated by the Extradition Act 1989, subject to any relevant Order in Council. In the case of India the arrangements are supplemented by a bilateral treaty. Two members of the Commonwealth, Cyprus and Malta, are a party to the 1957 European Convention on Extradition, and are treated by the United Kingdom as such, and not as a Commonwealth country for the purpose of extradition. Otherwise, the United Kingdom has no extradition treaties with the countries of the Commonwealth.
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Stanbrook, Ivor, and Clive Stanbrook Qc. "Extradition from Other Countries, Including the USA." In Extradition: Law And Practice, 439–46. Oxford University PressOxford, 2000. http://dx.doi.org/10.1093/oso/9780198268178.003.0018.

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Abstract Inward extradition to the United Kingdom from the Irish Republic, Europe and the Commonwealth was discussed in Chapters 15, 16 and 17 respectively. This chapter deals with inward extradition from other foreign countries, which may be provided under: A. bilateral treaties made with foreign countries under the Extradition Act 1870 (now regulated by Schedule 1 to the Extradition Act 1989), including the treaty with the USA;
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"Chapter 6. Extradition To United States: Treaties." In Extradition to and from the United States 2010, 319–62. Brill | Nijhoff, 2010. http://dx.doi.org/10.1163/ej.9789004179554.i-590.34.

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"Appendix B. Texts and Excerpts of Multilateral Conventions and Other Instruments on Extradition Adopted by the United Nations." In Extradition in Multilateral Treaties and Conventions, 283–320. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9789004149014.i-429.104.

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"Appendix C. Texts and Excerpts of Multilateral Conventions and Other Instruments on Extradition Adopted by the Council of Europe." In Extradition in Multilateral Treaties and Conventions, 321–403. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9789004149014.i-429.112.

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"Extended Contents." In Extradition in Multilateral Treaties and Conventions, 405–13. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9789004149014.i-429.132.

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"Index." In Extradition in Multilateral Treaties and Conventions, 415–29. Brill | Nijhoff, 2006. http://dx.doi.org/10.1163/ej.9789004149014.i-429.133.

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