Friday, February 21, 2014
Joanna Harrington (University of Alberta - Faculty of Law) has posted Extradition of Transnational Criminals (A chapter for Neil Boister & Robert J. Currie, eds., Routledge Handbook of Transnational Criminal Law (London: Routledge, 2014 Forthcoming)) on SSRN. Here is the abstract:
The effort to suppress transnational crimes has not led to the creation of a new extradition processes, but instead relies upon various pre-existing extradition arrangements that are flexible enough to accommodate a variety of serious offences. Yet, despite the longstanding nature of these arrangements, extradition nevertheless remains a fraught process, often subject to delays, despite years of law reform. This chapter examines the issues that arise, taking into account the historical perspective as well as illustrative developments of a multilateral nature in both Europe and the Americas. The template for a model extradition treaty, as approved by states under the aegis of the United Nations, is also discussed, with its existence (notwithstanding revision in 1997) having failed to address the main obstacle to any effective extradition scheme, namely the lingering sense of distrust in another’s justice system that leads to the insistence on grounds for refusing an otherwise valid extradition request.