Extradition to and from the United States
Extradition to and from the United States

Author: Michael John Garcia

Publisher: DIANE Publishing

Published: 2010-10

Total Pages: 47

ISBN-13: 1437934811

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¿Extradition¿ is the formal surrender of a person by a State to another State for prosecution or punishment. The U.S. has extradition treaties with over a hundred nations, although there are many countries with which it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool. Contents of this report: (1) Intro.; (2) Bars to Extradition; (3) Constitutionality; (4) Procedure for Extradition from the U.S.: Arrest and Bail; Hearing; Review; Surrender; (5) Extradition for Trial or Punishment in the U.S.; (6) Alternatives to Extradition; Waiver. Append.: Countries with Which the U.S. Has a Bilateral Extradition Treaty, and those with Which the U.S. Has No Bilateral Extradition Treaty.

International Extradition
International Extradition

Author: M. Cherif Bassiouni

Publisher: Oxford University Press

Published: 2014-01-06

Total Pages: 1330

ISBN-13: 0199353948

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This comprehensive guide covers all aspects of extradition to and from the United States, while making critical, theoretical, and practical evaluations of these aspects, and proposing alternatives. The rights of individuals, balancing of states interests, and preservation of world order within the Rule of Law form the conceptual framework of this book. The focus within U.S. practice explores the essentials involved in the executive branches treaty-making power, as implemented through its foreign relations practice, and as scrutinized by the judiciary. The Sixth Edition updates the treaties, laws, and cases cited with new content, including comparative material dealing with the European Union, cases involving the United States decided by other countries, and major decisions of the high courts of the UK, Canada, France, South Africa, Australia, Israel, Italy, and Germany. As with the prior editions, the Sixth Edition continues to expose certain questionable practices of the United States with regards to extradition.

International Criminal Law
International Criminal Law

Author: M. Cherif Bassiouni

Publisher: BRILL

Published: 2008

Total Pages: 643

ISBN-13: 9004165312

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Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4: Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of CriminalProceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).