Extradition: Law and Practice

Hardcover | September 15, 2000

byIvor Stanbrook, Clive Stanbrook

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The second edition of this book is long overdue. The first edition was published before Mr Justice Goff's landmark judgment in re Nielson, the passing of the 1989 Extradition Act, the implementation of the European Convention on Extradition, and the UK's adoption of the European Convention onHuman Rights.These developments reflect the strong political forces and emerging political structures of the last twenty years. This edition puts the development of the UK's extradition law into its political and evolutionary context. Drawing from the practice and law of many countries, the authors illustrate the growing convergence of international principles of extradition. In some areas this convergence responds directly to new political structures such as the European Union. In others to the increasing influence of norms ofinternational law in the area of human rights. This area in particular will increasingly influence the development of extradition both in the UK and elsewhere. The UK's incorporation of the European Convention on Human Rights guarantees this trend and now requires practitioners in the UK to haveregard to the growing international jurisprudence in this area. This book is the first in this field to grasp this development and it devotes a full chapter to the new human rights dimension in extradition.Despite the impressive development of extradition since the first edition, the Authors do not believe that UK extradition law is well equipped to deal with the ever increasing volume of international crime. Conservatism, suspicion of foreigners, and a misplaced inherent distrust of civil law systemsprevent the UK from having much influence on the international development of extradition. An international based system is essential and in any case inevitable. It would be infinitely preferable for the UK to be in the vanguard of the development rather than - as so often these days - a latearrival.The Authors, both barristers, bring an unusually broad insight to their work. Ivor Stanbrook, then an MP, was on the Common Committee that scrutinized the Extradition bill that subsequently became the 1989 Extradition Act. Clive Stanbrook practices primarily in Brussels specialising in EuropeanUnion Law as well as Human Rights Law.

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From the Publisher

The second edition of this book is long overdue. The first edition was published before Mr Justice Goff's landmark judgment in re Nielson, the passing of the 1989 Extradition Act, the implementation of the European Convention on Extradition, and the UK's adoption of the European Convention onHuman Rights.These developments reflect the...

Ivor Stanbrook served in the RAF from 1943-46, colonial district officer in Nigeria 1950 - 1960, Assistant Secretary Council of Ministers Lagos 1954; called to the Bar, Inner Temple 1960; contested ( c) East Ham S 1966, chm Cons Backbench Constitutional Committee, chm Cons NI Committee; chm: British Nigerian All Party Group, British-Z...
Format:HardcoverPublished:September 15, 2000Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268173

ISBN - 13:9780198268178

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Table of Contents

Part I: History, General Principles and Common Features1. Historical Development2. Double Criminality3. The Speciality Rule4. Political Offences5. Human Rights6. Jurisdiction7. Other Common FeaturesPart II: Outward Extradition from the United Kingdom8. Procedure (Outward Extradition)9. Appeal: Habeas Corpus and Review10. Extradition to the Irish Republic11. Extradition to European States12. Extradition to the Commonwealth13. Extradition to Other Countries, Including the USAPart III: Inward Extradition to the United Kingdom14. Procedure (Inward Extradition)15. Inward Extradition from the Irish Republic16. Extradition from Other European States17. Extradition from the Commonwealth18. Extradition from Other Countries, Including the USAAppendicesA. Extradition Act 1989 (c33)AppendixB. Backing of Warrants (Republic of Ireland) Act 1965 (c 45)AppendixC. European Convention on Extradition Order 1990, SI 1990/1507AppendixD. Scheme Relating to the Rendition of Fugitive Offenders Within the CommonwealthAppendixE. United States of America (Extradition) Order 1976, SI 1976/2144AppendixF. United States of America Extradition (Amendment) Order 1986, SI 1986/2020AppendixG. Extradition (Designated Commonwealth Countries) Order 1991. SI 1991/1700AppendixH. Bilateral treaties made under the Extradition Act 1870: Summary of ProvisionsAppendixI. Orders in Council made under the Extradition Act 1989, section 4 for the purposes of section 22(3)AppendixJ. All States currently recognized by the United Kingdom, with a guide to extradition arrangements applciable to eachIndex

Editorial Reviews

`This book provides the reader with a detailed and systematic analysis of the current state of UK extradition law...the implications of the Human Rights Act are examined in detail. It is arguably the most comprehensive book to have been written on the subject since Sir Edward Clark's book ofover 100 years ago.'Wildy's Book News Nov/Dec 2000