Extradition treaties

The principles underlying extradition treaties are as follows

This group includes international transport agreements environmental treaties extradition treaties border crossing treaties treaties of friendship, commerce and navigation intellectual property treaties and penal transfer treaties.

They appear to have been carried over from extradition treaties, legislation and practice.

Like extradition treaties and border crossing treaties, penal transfer treaties are yet another area of treaty law where private rights and government policy are simultaneously at issue.

Seychelles has concluded Extradition Treaties with the United Kingdom and the Republic of Kenya.

When negotiating extradition treaties, more than a third (38 per cent) of States had made use, where appropriate, of the Model Treaty on Extradition.

The effect of armed conflict on extradition treaties between belligerents is an unsettled area of law.

Vol. 52, pp. 171, 199 200 (1981) (commentator arguing that extradition treaties do not survive war).

UNODC has also developed a draft model law on extradition to assist Member States in adapting their extradition legislation to support relevant treaties or as a legal basis for extradition in the absence of a treaty.

Like extradition treaties, treaties allowing nationals reciprocal passage over a land border also have the hybrid quality of applying to private rights but implicating political concerns.

6) With regard to other classes of treaties, e.g., extradition treaties in the absence of any clear expression of intention otherwise, prima facie these are suspended.

Negotiated over 40 bilateral extradition and mutual legal assistance treaties between Canada and foreign jurisdictions throughout the world

Others reported on their practice of using multilateral treaties as a basis for extradition and mutual legal assistance.

The Office of the Attorney General can provide advice and technical assistance in matters of extradition in terms of the rules and principles governing extradition (international treaties and national legislation).

8. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.

7. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.

States parties to the Covenant will also frequently be parties to bilateral treaty obligations, including those under extradition treaties.

However, it declared that that provision would not preclude it from concluding bilateral treaties on extradition with individual States parties.

Treaties existed between Australia and Iraq in areas including extradition civil procedure war cemeteries and trade, economic and technical cooperation.

What is the legal basis for extradition? Is it governed by legislation, treaties, or both? Please outline any relevant provisions.

In addition, India has a wide range of extradition arrangements with a number of countries included extradition treaties, treaties on mutual judicial assistance in criminal matters, and agreements providing for cooperation on issues concerning terrorism such as organized crime and illicit trafficking in narcotics and drugs.

It had concluded extradition treaties with 23 countries and cooperated with a number of countries on the transfer of convicted criminals.

Again, when comparing the replies concerning bilateral and multilateral treaties, the figures were similar for mutual legal assistance and for extradition.

The security concerns raised by border crossing treaties, however, are greater than those relating to extradition treaties, and courts have been more likely to hold them to be abrogated by armed conflict.

The manuals, model laws and model treaties on extradition and mutual legal assistance have been or are being fully revised and updated.

Related to extradition treaties, penal transfer treaties create a mechanism by which individuals already sentenced and imprisoned in a foreign country can be transferred to their home country for enforcement of the sentence.

(b) If it does not take this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude treaties on extradition with other States Parties to this Convention in order to implement this article.

(b) If they do not take this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude treaties on extradition with other States Parties to this Convention in order to implement this article.

See also ibid. at 377 ( I do not feel that there is sufficient foundation for a sharp distinction between various groups of treaties, and I do not, therefore, agree with authors who assert that, e.g., commercial treaties do, but extradition treaties do not automatically revive ).

Extradition

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Extradition

Besides refusal on the ground of absence of dual criminality, article 16 provides that grounds upon which the requested State party may refuse extradition are defined by the domestic law of that party or by applicable extradition treaties.

Treaties on extradition and mutual legal assistance and other specific arrangements were essential to support efforts to eradicate drug trafficking, organized crime and terrorism.

The term quot evidence quot was criticized for the same reason it was remarked that some extradition treaties required only a detailed description of allegations, as opposed to the presentation of evidence, for the granting of an extradition request.

Leading issues under consideration included the proper administration of prisons, possible alternatives to imprisonment, modes of rehabilitating convicts, treatment of juvenile offenders and extradition treaties.

In this context we reaffirm the importance of the extradition treaties ratified by our countries and of the actions undertaken by the legal authorities involved.

Right. Extradition.

The Supreme Court of Seychelles considered the effect of armed conflict on treaties in a 1973 case involving the extradition of an Italian arrested in Seychelles.

47. As others had noted, article 63 raised a series of basic issues that impinged both on the law of treaties and the law of extradition.

advising further that the Convention should not be considered to be the legal basis of cooperation on extradition in its relations with other States parties thereto, and that it would nonetheless endeavour, where necessary, to conclude extradition treaties with other States parties.

See, e.g., Stone, supra note 2, at 450 (arguing that the only safe course is to assume that extradition treaties are abrogated on the outbreak of war ).

Mexico stated that extradition was not conditional on the existence of a treaty and that it would consider the Convention the legal basis of cooperation in extradition matters in respect of those States parties with which it had not concluded treaties in the matter. Morocco stated that extradition was not conditional on the existence of a treaty.

The Extradition Act