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出版者:Brill Academic Pub

作者:Zanotti, Isidoro/ Rotman, Edgardo (FRW)

出品人:

页数:400

译者:

出版时间:2006-3

价格:$ 226.00

装帧:HRD

isbn号码:9789004149014

丛书系列:

图书标签:

• Extradition
• International Law
• Treaty Law
• Criminal Justice
• Human Rights
• International Criminal Law
• Comparative Law
• Legal Conventions
• Mutual Legal Assistance
• Transnational Crime

Extradition in Multilateral Treaties and Conventions This seminal work delves into the intricate world of international extradition, focusing specifically on the role and impact of multilateral treaties and conventions. It provides a comprehensive and nuanced exploration of how these international instruments shape, regulate, and facilitate the surrender of individuals accused or convicted of crimes across national borders. The book aims to equip legal professionals, policymakers, academics, and students with a deep understanding of the legal frameworks, practical challenges, and evolving trends in multilateral extradition. I. Foundations of Multilateral Extradition The initial chapters lay the groundwork by examining the historical evolution of extradition and the transition from bilateral agreements to the necessity and development of multilateral approaches. It traces the origins of extradition, from ancient customs to the early forms of state cooperation, and highlights the growing recognition of the limitations of purely bilateral arrangements in an increasingly interconnected world. The book scrutinizes the underlying principles that govern extradition, including the dual criminality rule, the principle of specialty, and the concept of political offenses, analyzing how these principles are interpreted and applied within the multilateral context. A significant portion of this section is dedicated to dissecting the foundational multilateral conventions that have shaped the landscape of international extradition. This includes an in-depth analysis of instruments such as: The European Convention on Extradition (1957) and its Additional Protocols: This convention serves as a cornerstone of extradition cooperation within Europe. The book meticulously examines its provisions, including grounds for refusal, procedures for the transmission of requests, and safeguards for the requested person. It also analyzes the impact of its Additional Protocols in modernizing and expanding its scope. The Inter-American Convention on Extradition (1981): This convention represents a key instrument for extradition cooperation within the Americas. The analysis focuses on its unique features, its relationship with other regional instruments, and its effectiveness in addressing the specific challenges of extradition in the inter-American system. The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (1969): While primarily a refugee convention, it contains crucial provisions regarding the exclusion of individuals from refugee status who have committed serious non-political crimes, thus impacting extradition. The book explores these connections and the implications for extradition in the African context. The Commonwealth Scheme Relating to Extradition: This scheme, although not a formal treaty, represents a significant regional mechanism for extradition cooperation among Commonwealth nations. Its unique characteristics and practical operation are thoroughly investigated. Beyond these seminal instruments, the book also explores other significant multilateral frameworks, including those developed under the auspices of the United Nations and regional organizations, which address specific types of offenses or cooperation modalities. II. Key Features and Mechanisms of Multilateral Extradition Treaties The core of the book is dedicated to a systematic exploration of the essential elements and mechanisms that characterize multilateral extradition treaties and conventions. This section provides a granular analysis of the provisions that define the scope, procedures, and limitations of extradition under these international agreements. Scope of Offenses: The book critically examines how multilateral treaties define extraditable offenses. It explores the trend towards broader definitions, encompassing a wider range of criminal activities, and analyzes the challenges associated with harmonizing definitions of crimes across diverse legal systems. The impact of the evolution of international criminal law, particularly in areas like terrorism, organized crime, and corruption, on the scope of extraditable offenses is a central theme. Grounds for Refusal: A comprehensive examination is undertaken of the various grounds upon which extradition may be refused under multilateral instruments. This includes a detailed analysis of: Political Offenses: The book delves into the complexities of the political offense exception, its historical evolution, and the modern attempts to limit its application, particularly in the context of terrorism. It explores how multilateral treaties grapple with distinguishing between genuine political acts and serious criminal offenses committed under the guise of political motivation. Fiscal Offenses: The book discusses the historical reluctance to extradite for fiscal offenses and how multilateral treaties have progressively addressed this, often through specific provisions or by treating certain fiscal crimes as extraditable. Sovereignty and Human Rights Concerns: A significant focus is placed on how multilateral treaties address potential conflicts with national sovereignty and fundamental human rights. This includes detailed discussions on prohibitions of extradition where there are substantial grounds to believe the person may face torture, inhuman or degrading treatment or punishment, or the death penalty without adequate safeguards. The book also analyzes the role of proportionality and the prohibition of non bis in idem (double jeopardy) as grounds for refusal. Procedural Aspects: The book offers a meticulous breakdown of the procedural requirements for requesting and granting extradition under multilateral frameworks. This includes: Formal Requirements of the Request: Detailed examination of the necessary documentation, including arrest warrants, indictments, convictions, and evidence, and how these are standardized or harmonized by multilateral conventions. Role of Central Authorities: The book highlights the crucial role of designated central authorities in processing extradition requests and the operational challenges they face in inter-state communication and coordination. Judicial and Administrative Processes: A comparative analysis of the different legal systems involved in the extradition process, from the initial arrest and detention to the judicial review and final decision on surrender. The book explores how multilateral treaties seek to streamline these processes while respecting national procedural guarantees. Provisional Arrest and Seizure: The mechanism of provisional arrest and the procedures for seizing evidence under multilateral frameworks are analyzed, emphasizing their importance in preventing the flight of fugitives. Safeguards for the Requested Person: A central theme throughout the book is the protection of the fundamental rights of the individual facing extradition. This includes: The Right to Legal Counsel: The book examines the provisions guaranteeing the right to legal representation throughout the extradition process and the challenges in ensuring effective access to counsel across different jurisdictions. The Right to Information: The importance of informing the requested person of their rights and the charges against them is explored, along with the mechanisms for ensuring transparency in the proceedings. Protection Against Torture and Ill-Treatment: The absolute prohibition of extradition to a country where there are substantial grounds for believing the person may be subjected to torture or other cruel, inhuman, or degrading treatment or punishment is a critical area of analysis. The book discusses how multilateral treaties articulate these protections and the role of judicial review in upholding them. The Death Penalty: The book provides a thorough examination of how multilateral conventions address the death penalty, including provisions requiring assurances that the death penalty will not be imposed or, if imposed, will not be carried out. III. Multilateral Extradition in Practice: Challenges and Evolving Trends This section moves beyond the theoretical framework to address the practical realities and contemporary challenges of implementing multilateral extradition. It offers critical insights into the effectiveness and limitations of these instruments in contemporary international law enforcement. Implementation and Harmonization: The book critically evaluates the extent to which states have effectively incorporated the provisions of multilateral extradition treaties into their domestic legal systems. It highlights the challenges of achieving true harmonization and the resulting disparities in practice. The Impact of Transnational Crime: The book analyzes how the rise of sophisticated transnational criminal networks, including those involved in terrorism, drug trafficking, cybercrime, and human trafficking, has placed immense pressure on existing extradition frameworks. It explores the ways in which multilateral treaties are being adapted or supplemented to address these evolving threats. The Role of International Cooperation and Judicial Assistance: Beyond extradition, the book examines the broader context of international judicial cooperation, including mutual legal assistance, information sharing, and joint investigative teams, and how these complementary mechanisms enhance the effectiveness of extradition efforts. Emerging Issues and Future Directions: The work concludes by looking ahead, identifying emerging issues and potential future directions in multilateral extradition law. This includes discussions on: The Extradition of Nationals: The contentious issue of the extradition of a state's own nationals and the various approaches taken by multilateral conventions and national laws. Extradition for International Crimes: The relationship between multilateral extradition and the jurisdiction of international criminal tribunals, and the potential for extradition to supplement or complement international justice mechanisms. The Impact of Digitalization and New Technologies: The challenges and opportunities presented by digital evidence, cyber-extradition, and the need for updated multilateral frameworks to address these advancements. The Role of Non-State Actors: The increasing relevance of non-state actors in international crime and the implications for extradition cooperation. IV. Case Studies and Comparative Analysis Throughout the book, real-world case studies and comparative analyses of different national approaches are integrated to illustrate the practical application of multilateral extradition principles. These examples provide invaluable insights into the complexities and nuances of extradition proceedings and the impact of different legal traditions. By examining landmark cases and diverse legal interpretations, the book offers a rich tapestry of information that showcases both the successes and the ongoing challenges in the pursuit of international justice through multilateral extradition. Conclusion "Extradition in Multilateral Treaties and Conventions" offers a comprehensive, authoritative, and critically engaged exploration of a vital area of international law. It provides an indispensable resource for anyone seeking to understand the legal architecture, practical dynamics, and future trajectory of international cooperation in bringing fugitives to justice. The book meticulously unpacks the complexities of multilateral frameworks, highlighting both their strengths and their limitations in an era of increasingly globalized crime.

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