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.

apos (c) Extradition proceedings, where applicable, in accordance with existing bilateral treaties

Several experts noted that the practice of denying extradition in cases involving the death penalty posed significant obstacles to effective extradition and to the negotiation of extradition 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.

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.

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

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

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

5. Extradition shall be subject to the conditions provided for by the law of the requested State Party or by applicable extradition treaties, including the grounds upon which the requested Party may refuse 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).

8. States should be encouraged to develop, through treaties, arrangements and legislation, a network for extradition.

(e) Utilize, where appropriate, as a resource the Model Treaty on Extradition when negotiating such treaties

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.

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

quot 8. States should be encouraged to develop, through treaties, arrangements and legislation, a network for extradition.

The workshop covered specific problems in the implementation of extradition treaties and methods of overcoming those problems.

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.

To that end, the convention itself should provide sufficient legal basis to proceed with extradition, in order to close a gap where sufficient extradition treaties do not exist.

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).

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.

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.

Participated in bilateral negotiations on the drafting of treaties on legal assistance, extradition, measures to combat terrorism and prevent drug trafficking, and treaties on the elimination of racism and genocide.

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.

India also continued to attach importance to international cooperation, in particular by signing extradition treaties with a number of countries.

23. The Expert Group explored the various possible bases for extradition, including bilateral treaties, regional, subregional or interregional conventions, multilateral conventions, agreed minutes or non treaty extradition on the basis of domestic law.

67. The representative of China expressed the view that the double criminality rule mentioned in paragraph 5 in the section on extradition was a general rule relating to bilateral extradition practices and treaties.

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.

68. Since article 19 did not propose to limit obligations under other laws, the effects of extradition treaties were not reduced.

States parties shall undertake to include such offences as extraditable offences in all subsequent extradition treaties to be concluded between them.

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.