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Aspects of Extradition Law /

Gilbert, Geoff,

Aspects of Extradition Law / Geoff Gilbert. - 1 online resource. - International Studies in Human Rights ; 17 . - International Studies in Human Rights ; 17. .

Includes bibliographical references and index.

Preface -- Case List -- 1. Extradition in Context -- 2. Mechanisms for International Extradition -- 3. Procedural Aspects of Extradition -- 4. Extradition and Human Rights -- 5. Restrictions on Return -- 6. The Political Offence Exemption -- 7. Alternative Forms of Rendition -- 8. War Criminals -- 9. Refuge and Return -- Appendix -- Bibliography Index.

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.

9789004482159 9780792311621

10.1163/9789004482159 DOI


Extradition.

K5445.4 / .G55 1991

345/.052 342.552