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Published: 2010

Total Pages: 9

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Extradition treaties serve an essential functioning cases that cross international borders. When the United States delayed ratification of the 2003 extradition treaty between the United States and Great Britain, the delay was heavily criticized in Britain. More recently, the ratified treaty has come under intense criticism in Britain. But the perceived problems are not inherent in the treaty or the fault of the U.S.; they stem from the fact that the past Labour government deliberately set out to make it easier, both bilaterally and through use of the European arrest warrants (EAWs), for foreign nations to extradite individuals from Britain. At the same time, Britain's acceptance of EU judicial supremacy and the consequent erosion of British sovereignty mean that it is now harder to extradite a terrorist than it is to extradite individuals accused of less serious offenses. The new British government should defend British liberties and put an end to privileges for accused terrorists by asserting its sovereignty and creating a 'reasonable basis' minimum standard for all extraditions, a standard that, though incompatible with the EAWs, is compatible with the 2003 treaty.