Extradition: Law and Practice Law and Practice

This second edition provides detailed and systematic analysis of the state of UK extradition law. For the first time for any book on this subject, the implications of the Human Rights Act are examined in detail. Coverage also includes analysis of developments such as the Pinochet cases.



The second edition of this book is long overdue. The first edition was published before Mr Justice Goff's landmark judgment in re Nielson, the passing of the 1989 Extradition Act, the implementation of the European Convention on Extradition, and the UK's adoption of the European Convention on Human Rights. These developments reflect the strong political forces and emerging political structures of the last twenty years. This edition puts the development of the UK's extradition law into its political and evolutionary context. Drawing from the practice and law of many countries, the authors illustrate the growing convergence of international principles of extradition. In some areas this convergence responds directly to new political structures such as the European Union. In others to the increasing influence of norms of international law in the area of human rights. This area in particular will increasingly influence the development of extradition both in the UK and elsewhere. The UK's incorporation of the European Convention on Human Rights guarantees this trend and now requires practitioners in the UK to have regard to the growing international jurisprudence in this area. This book is the first in this field to grasp this development and it devotes a full chapter to the new human rights dimension in extradition. Despite the impressive development of extradition since the first edition, the Authors do not believe that UK extradition law is well equipped to deal with the ever increasing volume of international crime. Conservatism, suspicion of foreigners, and a misplaced inherent distrust of civil law systems prevent the UK from having much influence on the international development of extradition. An international based system is essential and in any case inevitable. It would be infinitely preferable for the UK to be in the vanguard of the development rather than - as so often these days - a late arrival. The Authors, both barristers, bring an unusually broad insight to their work. Ivor Stanbrook, then an MP, was on the Common Committee that scrutinized the Extradition bill that subsequently became the 1989 Extradition Act. Clive Stanbrook practices primarily in Brussels specialising in European Union Law as well as Human Rights Law.