Author: Wolfgang Schomburg
Publisher:
ISBN: 9783406525728
Category : Criminal jurisdiction
Languages : en
Pages : 2449

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Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9047431448
Category : Law
Languages : en
Pages : 642

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Book Description
Volume 2 addresses jurisdiction and the various mechanisms and modalities of international cooperation in penal matters, which for all practical purposes, apply to both the direct and indirect enforcement methods of ICL. These mechanisms and modalities of international cooperation are used not only in bilateral interstate cooperation in penal matters but they are also employed by international tribunals, including the ICC, in their relations with states. This volume is divided into 5 chapters which are titled as: Chapter 1: Policies and Modalities (Modalities of International Cooperation in Penal Matters; The Duty to Prosecute and/or Extradite: Aut Dedere Aut Judicare; Globalization of International Enforcement Mechanisms: The Problem of Legitimacy; Globalization of Law Enforcement and Intelligence Gathering and Sharing); Chapter 2: Jurisdiction (Extraterritorial Jurisdiction; Universal Jurisdiction; Competing and Overlapping Jurisdictions; Immunities and Exceptions; The European Union and the Schengen Agreement); Chapter 3: Extradition (Law and Practice in the United States; The European Approach; Commentary on the United Nations Draft Model Law on Extradition); Chapter 4:Judicial Assistance and Mutual Cooperation in Penal Matters (United States Treaties on Mutual Assistance in Criminal Matters; Commentary on the United Nations Draft Model Law on Mutual Legal Assistance; Inter-State Cooperation in Penal Matters in the Commonwealth; The Council of Europe and the European Union; European Perspective on International Cooperation in Matters of Terrorism; Freezing and Seizing of Assets: Controlling Money Laundering); Chapter 5: Recognition of Foreign Penal Judgments, Transfer of Criminal Proceedings, and Execution of Foreign Penal Sentences (Introduction to Recognition of Foreign Penal Judgments; Introduction to Transfer of Criminal Proceedings; Transfer of Criminal Proceedings: The European System; The Lockerbie Model of Transfer of Proceedings; International Perspective on Transfer of Prisoners and Execution of Foreign Penal Judgments; United States Policies and Practices on the Execution of Foreign Penal Sentences).

Author: David McClean
Publisher: OUP Oxford
ISBN: 0191637211
Category : Law
Languages : en
Pages : 517

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Book Description
For over a century states have co-operated in providing evidence for use in civil trials in other countries. The growth of international crimes such as drug-trafficking, money-laundering, terrorism, and insider-trading now pose a substantial threat to the economies and stability of states, and governments and international organizations have been quick to expand past experience into a variety of responses - both diplomatic and institutional - to the new international crimes. This book sets out the law applicable to co-operation between states in these areas, and investigates the relevant practice and case law. It discusses both the civil and criminal dimensions of international co-operation. The new edition incorporates the vast number of developments that have taken place since the previous edition published in 2002, including the European Union's resolve to build an area of freedom, security, and justice, and the recent major update of the Commonwealth Scheme.

Author: Martin Böse
Publisher: Springer Nature
ISBN: 3030557960
Category : Law
Languages : en
Pages : 446

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Book Description
​This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.

Author: Frederic Lemieux
Publisher: Routledge
ISBN: 1134029543
Category : Social Science
Languages : en
Pages : 386

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The globalization of threats and the complexity of international security issues represents a greater challenge for international policing in (re)shaping inter-agency interaction, and makes effective international police cooperation more necessary than ever before. This book sets out to analyse the key emerging issues and theory and practice of international police cooperation. Paying special attention to the factors that have contributed to the effective working of police cooperation in practice and the problems that are encountered, this book brings together original research that examines opportunities and initiatives undertaken by agencies (practices and processes introduced) as well as the impact of external legal, political, and economical pressures. Contributors explore emerging initiatives and new challenges in several contexts at both national and international levels. They adopt a diversity of approaches and theoretical frameworks to reach a broader understanding of current and future issues in police cooperation. Forms of police cooperation and trends in crime control are examined, drawing upon the following disciplines: criminology, ethics, organizational science, political science, and sociology.

Author: Albin Eser
Publisher: Nomos Verlagsgesellschaft
ISBN:
Category : Law
Languages : en
Pages : 844

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The individual's position as a "subject," commonplace in national proceedings, is not at all clear when the need for extradition, mutual assistance or some other form of international cooperation arises in the context of domestic criminal proceedings. This book analyzes traditional concepts in which only two dimensions are represented, namely, that of the requesting and that of the requested state. Beyond this, the authors searched for a full three-dimensionality as well. The general approach was: If the individual is recognized as having his or her own subjective, substantive and procedural rights, be they conferred by international treaties or conventions or simply by municipal law (here, especially, constitutional guarantees), the legal relationships under study can no longer be seen as two-dimensional. The project focussed not only on extradition but also on other forms of international cooperation in criminal matters, including the enforcement of sanctions. The "choice of forum" came to be seen as a special topic and turned out to be an issue of paramount importance. In addition, our study of international administrative cooperation allowed us to cover some crucial gray areas that would not otherwise have been identified, e.g., police cooperation and international cooperation in tax matters. The book contains national reports on Finland, Germany, Italy, the Netherlands and the United States as well as a report on the European Union.

Author: Cyrille J.C.F. Fijnaut
Publisher: BRILL
ISBN: 9004193367
Category : Law
Languages : en
Pages : 436

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Book Description
Since the early 1990s, cross-border police and judicial cooperation has become a very important domain of the European Union. The Lisbon Treaty – if accepted by all the Member States – will certainly be a major stimulus to its further development in the field of internal security as well as in the field of external policy. In any event, the recent proposal for a new third comprehensive policy programme with regard to the Area of Freedom, Security and Justice – the so-called Stockholm Programme – foreshadows some of the changes the Brussels institutions and the Member States would like to embrace in the coming years. This book contains the contributions of scholars and practitioners to a conference on the future of police and judicial cooperation in the European Union that took place in November 2008 at Tilburg University. Referring to what has been achieved in this domain since the Treaty of Maastricht, these papers not only assess the proposals that have been put forward in successive policy documents relating to the Stockholm Programme, but they also pinpoint to the ongoing problems in the theory and practice of police and judicial cooperation within the European Union and to the ways in which these questions could best be solved.

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287107640
Category : Political Science
Languages : en
Pages : 88

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Convention opened for signature on 15.5.72

Author: David A. Sadoff
Publisher: Cambridge University Press
ISBN: 1107129281
Category : Law
Languages : en
Pages : 725

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Book Description
A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.

Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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