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International Extradition

International Extradition United States Law and Practice, 6th Edition

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780199917891
  • Published In: February 2014
  • Format: Hardback , 1328 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    • Covers all aspects of extradition to and from the United States, while making critical, theoretical, and practical evaluations of these aspects, and proposing alternatives
    • Focuses on the rights of individuals, balancing of states interests, and preservation of world order within the Rule of Law
    • Constructs a historical framework of extradition practices in the United States
    • Provides substantive requirements and the grounds of the denial of extradition as well as trial procedures
    • Discusses the increasing use of non-extradition (unlawful seizure/rendition and immigration)

    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.

    Readership: International law and human rights law scholars and practitioners; Prosecutors or defense attorneys seeking clarification on extradition law; Law students taking a course in extradition

  • Acknowledgments
    List of Abbreviations
    Introduction
    Chapter I. The Legal Framework of Extradition in International Law and Practice
    Chapter II-Legal Bases for Extradition in the United States
    Chapter III-Asylum and Extradition
    Chapter IV-Disguised Extradition: The Use of Immigration Laws as Alternatives to Extradition
    Chapter V- Abduction and Unlawful Seizure as Alternatives To Extradition
    Chapter VI-Theories of Jurisdiction and Their Application 557
    Chapter VII-Substantive Requirements: Dual Criminality, Extraditable Offenses, Specialty, and Non-Inquiry
    Chapter VIII-Denial of Extradition: Defenses, Exceptions, Exemptions, and Exclusions
    Chapter IX-Pre-Trial Proceedings
    Chapter X-The Extradition Hearing
    Chapter XI-The Review Process and Executive Discretion
    Chapter XII-Surrender and Miscellaneous Matters
    Appendix I-Multilateral Conventions Containing Provisions on Extradition
    Appendix II-Regional Multilateral Conventions
    Appendix III-Bilateral Extradition Treaties of the United States
    Appendix IV-Countries with Which the United States Has No Bilateral Extradition Treaty
    Appendix V-Countries with which the United States has signed an agreement not to surrender its citizens to the International Criminal Court
    Appendix VI-United States Legislation Applicable to Extradition
    Appendix VII-United States Attorneys' Manual, Chapter 15
    Appendix VIII-Content Analysis of Bilateral Extradition Treaties
    Table of Authorities
    Table of Cases
    Subject Index

  • M. Cherif Bassiouni is Emeritus Professor of Law at DePaul University where he taught from 1964-2012, where he was a founding member of the International Human Rights Law Institute (established in 1990), and served as President from 1990-1997, and then President Emeritus. In 1972, he was one of the founders of the International Institute of Higher Studies in Criminal Sciences (ISISC) located in Siracusa, Italy, where he served as Dean from 1972-1989 and then as President to date. He also served as the Secretary General of the International Association of Penal Law from 1974-1989, and as President for three five-year terms from 1989-2004 when he was elected Honorary President. Since 1975, Professor Bassiouni has been appointed to the following United Nations positions: Chair and then member of the Commission of Inquiry for Libya (2011-2012); Independent Expert on Human Rights for Afghanistan (2004-2006); Independent Expert on the Rights to Restitution, Compensation, and Rehabilitatio

    Victims of Grave Violations of Human Rights and Fundamental Freedoms (1998-2000); Chairman, Drafting Committee of the Diplomatic Conference on the Establishment of an International Criminal Court (1998); Vice-Chairman of the General Assembly's Preparatory Committee on the Establishment of an International Criminal Court (1996-1998); Vice-Chairman of the General Assembly's Ad Hoc Committee on the Establishment of an International Criminal Court (1995); Chairman of the Commission of Experts Established Pursuant to Security Council 780 (1992) to Investigate Violations of International Humanitarian Law in the Former Yugoslavia (1993-1994) and the Commission's Special Rapporteur on Gathering and Analysis of the Facts (1992-1993); Consultant to the Sixth and Seventh United Nations Congress on Crime Prevention (1980 and 1985); Consultant to the Committee on Southern African of the Commission on Human Rights (1980-1981); Co-chairman of the Independent Committee of Experts Drafting the Convention on

    Prevention and Suppression of Torture (1978); and Honorary Vice-President at the Fifth United Nations Congress on Crime Prevention (1975). He also served as Chair of the Bahrain Independent Commission of Inquiry (established in 2011). Between 1973-1980, Professor Bassiouni served as a consultant to the U.S. Department of State and Department of Justice on projects relating to international traffic of drugs (1973) and international control of terrorism (1975 and 1978-79), and as a consultant to the Department of State on the defense of the U.S. hostages in Iran (1979-1980). Among the many distinctions and awards he has received are the Nomination for the Nobel Peace Prize (1999); Wolfgang Friedmann Memorial Award of Columbia University (2012); Cook County Bar Association Lincoln Award (2012); Dominican University's Bradford O'Neill Medallion for Social Justice (2011); George Washington University Distinguished Alumni Scholar Award, Washington DC (2010-2011); Washington University Scho

    Law, World Peace Through Law Award (2010); DePaul University Via Sapientiae Award (2009); Hague Prize for International Law (2007); Cesare Beccaria Justice Medal of the International Society for Social Defense (2007); The Medal of the Commission de Derechos Humanos del Estado de Mexico (2006); DePaul University St. Vincent DePaul Society's Humanitarian Award (2000); International Association of Penal Law- V.V. Pella, Champion of International Criminal Justice Award (1999); John Marshall Law School's Lifetime Achievement Award (1999); Defender of Democracy Award from Parliamentarians for Global Action (1998); United Nations Association's Adlai E. Stevenson Award (1993); The Special Award of the Council of Europe (1990); and The Secretary-General of the Council of Europe's Award (1984). He was awarded the following medals: Order of Merit (Cavaliere di Gran Croce) of the Republic, Italy (2006); Ordre des Palmes Académiques (Commander), France (2006); Grand Cross of the Order of Merit, Germa

    (2003); Legion d'Honneur (Officier), France (2003); Order of Lincoln, Illinois, United States (2001); Grand Cross of the Order of Merit of the Austrian Republic (1990); Order of Scientific Merit (First Class), Egypt (1984); Order of Merit of the Republic (Grand'Ufficiale), Italy (1977); Order of Merit of the Republic (Commendatore), Italy (1976); and Order of Military Valor, Egypt (1956). Professor Bassiouni has authored 26 books, edited 45 books, and authored 265 articles on a wide range of legal issues, including International Criminal Law, Comparative Criminal Law, Human Rights, and U.S. Criminal Law. Additionally, he has written 14 monographs on such subjects as history, politics, and religion. Some of these publications have been cited by the International Court of Justice (ICJ), International Criminal Tribunal for the Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), and the Supreme Courts of: Canada, India, Israel, Trinidad and Tobago, South Africa (Supr

    Court and Constitutional Court), and the United Kingdom (House of Lords, Court of Appeals, High Court and Divisional Court of England & Wales, and Scottish High Court of the Judiciary). In the United States, his works have been repeatedly cited by the United States Supreme Court, U.S. Circuit and District courts, as well as various State Supreme Courts. Several of his books and articles have been written in and translated into: Arabic, Chinese, Farsi, French, German, Hungarian, Italian, Portuguese, Russian and Spanish.

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