Full Description
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.
Contents
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
