NCJ Number
32185
Date Published
1974
Length
649 pages
Annotation
CRITICAL APPRAISAL OF THE UNDERLYING ASSUMPTIONS, PROCESSES, NORMS, AND PRACTICES OF EXTRADITION BASED ON INTERNATIONAL LAW AND THE MUNICIPAL CRIMINAL LAWS OF THE UNITED STATES AND ITS CONSTITUTIONAL FRAMEWORK.
Abstract
THE APPRAISAL OF THE SYSTEM ON THE INTERNATIONAL LAW LEVEL FOCUSES ON THE INTERNATIONAL DUTY TO PRESERVE AND MAINTAIN MINIMUM WORLD ORDER (EXTRADITION AS AN INSTRUMENT OF INTERSTATE COOPERATION) AND ON THE INTERNATIONALLY PROTECTED HUMAN RIGHTS (THE INDIVIDUAL AS A PARTICIPANT IN EXTRADITION PROCESSES. THE ANALYSIS OF THE UNITED STATES' LAW AND PRACTICE IS UNDERTAKEN IN AN HISTORICAL AND COMPARATIVE CONTEXT WHEREBY LANDMARK EXTRADITION CASES DECIDED IN THIRTY-TWO COUNTRIES ARE CONTRASTED TO THE SOME ONE HUNDRED AND TWENTY UNITED STATES CASES DISCUSSED. THE EIGHTY-EIGHT UNITED STATES TREATIES IN FORCE ARE REFERRED TO AS WELL AS SELECTED BILATERAL TREATIES AND, ALL MULTILATERAL TREATIES AND DRAFT CONVENTIONS. EACH CHAPTER OF THE BOOK DEALS WITH A SPECIFIC ASPECT OF EXTRADITION, APPRAISING POLICY CONSIDERATIONS, THE AUTHOR PROPOSES A NEW FRAMEWORK FOR EXTRADITION IN THE FORM OF A UNIVERSAL CONVENTION WHICH WOULD RECOGNIZE AN INTERNATIONAL CONCEPT OF FORMS OF CRIMINALITY AND ESTABLISH REGIONAL OR INTERNATIONAL JURISDICTIONS CAPABLE OF HEARING INDIVIDUAL RECOURSES DIRECTED AGAINST THE DECISIONS OF NATIONAL AUTHORITIES WHICH VIOLATE THE UNIVERSAL DECLARATION OF HUMAN RIGHTS. APPENDED ARE A SUBJECT INDEX, A TABLE OF CASES, AN INDEX OF NAMES, AND AN INDEX TO THE INTERNATIONAL CONVENTIONS AND TREATIES CITED. (AUTHOR ABSTRACT MODIFIED)