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Extradition Law and Practice 2nd ed


ISBN13: 9780198268178
ISBN: 0198268173
Published: February 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £250.00



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The second edition of this book is long overdue. The first edition was published before Mr Justice Goff's landmark judgment in re Nielson, the passing of the 1989 Extradition Act, the implementation of the European Convention on Extradition, and the UK's adoption of the European Convention on Human Rights.;These developments reflect the strong political forces and emerging political structures of the last twenty years. This edition puts the development of the UK's extradition law into its political and evolutionary context.

Drawing from the practice and law of many countries, the authors illustrate the growing convergence of international principles of extradition. In some areas this convergence responds directly to new political structures such as the European Union. In others to the increasing influence of norms of international law in the area of human rights.

This area in particular will increasingly influence the development of extradition both in the UK and elsewhere. The UK's incorporation of the European Convention on Human Rights guarantees this trend and now requires practitioners in the UK to have regard to the growing international jurisprudence in this area. This book is the first in this field to grasp this development and it devotes a full chapter to the new human rights dimension in extradition.

Despite the impressive development of extradition since the first edition, the Authors do not believe that UK extradition law is well equipped to deal with the ever increasing volume of international crime. Conservatism, suspicion of foreigners, and a misplaced inherent distrust of civil law systems prevent the UK from having much influence on the international development of extradition. An international based system is essential and in any case inevitable. It would be infinitely preferable for the UK to be in the vanguard of the development rather than - as so often these days - a late arrival.

Subjects:
Criminal Law
Contents:
PART I: HISTORY, GENERAL PRINCIPLES AND COMMON FEATURES; 1. Historical Development; 2. Double Criminality; 3. The Speciality Rule; 4. Political Offences; 5. Human Rights; 6. Jurisdiction; 7. Other Common Features
PART II: OUTWARD EXTRADITION FROM THE UNITED KINGDOM; 8. Procedure (Outward Extradition); 9. Appeal: Habeas Corpus & Review; 10. Extradition to the Irish Republic; 11. Extradition to European States; 12. Extradition to the Commonwealth; 13. Extradition to Other Countries, Including the USA
PART III: INWARD EXTRADITION TO THE UNITED KINGDOM; 14. Procedure (Inward Extradition); 15. Inward Extradition from the Irish Republic; 16. Extradition from Other European States; 17. Extradition from the Commonwealth; 18. Extradition from Other Countries, Including the USA; A. EXTRADITION ACT 1989 (C33); B. BACKING OF WARRANTS (REPUBLIC OF IRELAND) ACT 1965 (C 45); C. EUROPEAN CONVENTION ON EXTRADITION ORDER 1990, SI 1990/1507; D. SCHEME RELATING TO THE RENDITION OF FUGITIVE OFFENDERS WITHIN THE COMMONWEALTH; E. UNITED STATES OF AMERICA (EXTRADITION) ORDER 1976, SI 1976/2144; F. UNITED STATES OF AMERICA EXTRADITION (AMENDMENT) ORDER 1986, SI 1986/2020; G. EXTRADITION (DESIGNATED COMMONWEALTH COUNTRIES) ORDER 1991. SI 1991/1700; H. BILATERAL TREATIES MADE UNDER THE EXTRADITION ACT 1870: SUMMARY OF PROVISIONS; I. ORDERS IN COUNCIL MADE UNDER THE EXTRADITION ACT 1989, SECTION 4 FOR THE PURPOSES OF SECTION 22(3); J. ALL STATES CURRENTLY RECOGNIZED BY THE UNITED KINGDOM, WITH A GUIDE TO EXTRADITION ARRANGEMENTS APPLCIABLE TO EACH; Index