Extradition treaties

Table of 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.

When the Supreme People's Court receives an extradition request, it designates a high people's court to determine whether the request complies with the Extradition Act and the pertinent extradition treaties.

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.

According to article 7 of the Extradition Act and to bilateral extradition treaties China has signed, extraditable offences must conform to the following criteria.

The present section examines treaties which exhibit either a controversial, varied or emerging likelihood of applicability during armed conflict, including international transport agreements environmental treaties extradition treaties border crossing treaties treaties of friendship, commerce and navigation intellectual property treaties and penal transfer treaties.

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).

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.

Extradition treaties had been signed with 22 countries, 17 of which are in effect (see table below).

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).

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

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.

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.

At the same time, treaties containing provisions governing extradition to which China is party, combined with the principle of reciprocity, can also form the basis of extradition cooperation with other States.

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.

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

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.

6. Extradition shall, in all cases, be subject to the conditions provided for by the law of the requested State Party or by applicable extradition treaties, including, in particular, conditions relating to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition or make it subject to certain conditions.

Extradition shall, in all cases, be subject to the conditions provided for by the 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 or make it subject to certain conditions.

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 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.

(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.

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 ).

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.

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.

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.

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 ).

Several delegations expressed the view that paragraph 6 of the article might encourage impunity and proposed the following wording Extradition shall, in all cases, be subject to the conditions established in the applicable extradition treaties or the international obligations of the requested State Party.

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.

At the bilateral level, Indonesia had established joint cooperative legal frameworks, such as the extradition and mutual legal assistance treaties it had signed with a number of countries.

Please provide a copy of the Transnational Extradition Act mentioned in the report (or, if that is not practicable, an internet reference to, or a detailed outline of, it), together with a list of the bilateral and multilateral treaties on extradition to which Palau is party.

Furthermore, participants agreed to step up pressure to disarm militias operating in the eastern Democratic Republic of the Congo and to negotiate bilateral extradition treaties concerning the remnant militia leaders.

On the one hand, extradition treaties primarily affect the rights of individuals, a characteristic generally favouring applicability during armed conflict as long as the treaty does not conflict with military strategy.

Extradition

extradition

Extradition

13. Calls upon Member States to strengthen, to the greatest extent possible, international cooperation in order to combat terrorism, including, when necessary, entering into bilateral treaties on extradition and mutual legal assistance

9. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

10. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.

Treaties such as the United Nations Convention against Transnational Organized Crime (articles 13 and 16 18) and the United Nations Convention against Corruption (articles 44 46) have provisions on extradition, transfer of sentenced persons and mutual legal assistance that closely reflect many of the approaches of the model treaties.