Extradition Law in New Zealand
Extradition Law in New Zealand

Author: Neil Boister

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9781988591476

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Extradition Law in New Zealand is a descriptive and analytical statement of the laws and court practices of extradition in New Zealand. It aims to simplify the complex conditions and processes of extradition and balancing of criminal activity and the human rights of the person whose extradition is requested while following a logical progression of extradition proceedings. This is the first text focussed on extradition in a domestic context. It includes in-depth analysis of the Minister of Justice v Kyung Yup Kim [2019] NZSC 100 case and will incorporate the forthcoming Kim Dotcom Supreme Court decision.

Aspects of Extradition Law
Aspects of Extradition Law

Author: Geoff Gilbert

Publisher: BRILL

Published: 2022-07-04

Total Pages: 297

ISBN-13: 9004482156

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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.

Reforming International Extradition
Reforming International Extradition

Author: Sally Kennedy

Publisher: Anthem Press

Published: 2024-09-03

Total Pages: 92

ISBN-13: 1839989580

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This book uses several case studies to demonstrate current problems with international extradition. These include political issues, time delays, jurisdictional problems, and conflict between surrender and the human rights of extraditees. The normative assumptions underpinning extradition ensure these procedures are more likely to prioritise international comity between nation states, rather than individual human rights protections. This creates a system with limited judicial relief for extraditees that require extensive proof of high human rights thresholds, as well as a prominent rule of non-inquiry, restrictive evidence regulations, and deference to the executive. The book argues that a defendant-centred approach to extradition reform is needed that prioritises a right to fairness as a core value for promoting global justice. This includes considering changes to enable greater post-extradition monitoring of extradited people and broadening rules for extraditees to submit evidence to support a claim against surrender. New and more viable extradition alternatives also involve transferring evidence to shift the trial to the location where most of the offending activity occurred and sentencing in the extraditee’s home jurisdiction. These proposals aim to counter the current unequal levels of authority that favour the power of both the requesting and requested state over the rights of the individual.