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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 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.
A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.
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.
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.
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.
The most authoritative international law documents in Philippine history are brought together in one book for the first time. These are primary materials that illuminate Philippine interpretations of international law doctrine.
Contemporary transnational criminals take advantage of globalization, trade liberalization, and emerging new technologies to commit a diverse range of crimes. By moving money, goods, services, and people instantaneously they are able to serve purposes of pure economic gain or political violence. This book examines the rise of international economic crime and recent strategies to combat it in the United States and abroad. Focusing on the role of international relations, it draws from case studies in a diverse range of criminality from money laundering to tax evasion. Newly revised and expanded, the second edition of International White Collar Crime incorporates recent developments and updated case studies. New chapters on environmental crimes and securities enforcement under the Dodd–Frank Act continue to make it an essential tool for practicing business, law, and law enforcement.