Explanatory Report on the Second Additional Protocol to the European Convention on Extradition PDF Download

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287104748
Category : Political Science
Languages : en
Pages : 24

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Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287160767
Category : Law
Languages : en
Pages : 168

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The fight against today's new forms of criminality, across Europe and beyond, can only succeed if we have the necessary tools, in particular through effective mechanisms dealing with extradition. For over fifty years, the Council of Europe has been developing a set of instruments dealing with extradition, be it in the form of conventions or resolutions and recommendations to member states. This publication presents notes and comments on the Council of Europe's legal instruments on extradition. It includes the current status of the case law of the European Court of Human Rights on extradition matters and on other transnational criminal proceedings. It also brings together the non-binding instruments on extradition adopted by the Council of Europe's Committee of Ministers. Practitioners, policy makers and researchers dealing with extradition matters will find this publication a useful and up-to-date reference document.

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309160359
Category : Political Science
Languages : en
Pages : 400

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In a world of increasing dependence on information technology, the prevention of cyberattacks on a nation's important computer and communications systems and networks is a problem that looms large. Given the demonstrated limitations of passive cybersecurity defense measures, it is natural to consider the possibility that deterrence might play a useful role in preventing cyberattacks against the United States and its vital interests. At the request of the Office of the Director of National Intelligence, the National Research Council undertook a two-phase project aimed to foster a broad, multidisciplinary examination of strategies for deterring cyberattacks on the United States and of the possible utility of these strategies for the U.S. government. The first phase produced a letter report providing basic information needed to understand the nature of the problem and to articulate important questions that can drive research regarding ways of more effectively preventing, discouraging, and inhibiting hostile activity against important U.S. information systems and networks. The second phase of the project entailed selecting appropriate experts to write papers on questions raised in the letter report. A number of experts, identified by the committee, were commissioned to write these papers under contract with the National Academy of Sciences. Commissioned papers were discussed at a public workshop held June 10-11, 2010, in Washington, D.C., and authors revised their papers after the workshop. Although the authors were selected and the papers reviewed and discussed by the committee, the individually authored papers do not reflect consensus views of the committee, and the reader should view these papers as offering points of departure that can stimulate further work on the topics discussed. The papers presented in this volume are published essentially as received from the authors, with some proofreading corrections made as limited time allowed.

Author: Jean-François Renucci
Publisher: Council of Europe
ISBN: 9789287157157
Category : Law
Languages : en
Pages : 132

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The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

Author: European Committee on Crime Problems
Publisher:
ISBN:
Category : Deportation
Languages : en
Pages : 28

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Author: Johan Callewaert
Publisher: Council of Europe
ISBN: 9287179700
Category : Political Science
Languages : en
Pages : 107

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Provided for under the Treaty of Lisbon, the accession of the European Union to the European Convention on Human Rights is destined to be a landmark in European legal history because it will finally make it possible for individuals and undertakings to apply to the European Court of Human Rights for review of the acts of European Union institutions, which unquestionably play an increasingly important role in our daily lives. After nearly three years of negotiations, a draft agreement on European Union accession was adopted on 5 April 2013. In the light of the draft agreement, this publication offers a concise analysis of the reasons for European Union accession to the Convention, the means by which this is to be achieved and the effects it will have.

Author: Jörg Polakiewicz
Publisher: Council of Europe
ISBN: 9789287138996
Category : Political Science
Languages : en
Pages : 224

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Analyzes procedures for treaty-making & treaty application in the Council of Europe

Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287157294
Category : Law
Languages : en
Pages : 88

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After 11 September 2001, the Council of Europe undertook to identify gaps in international law and action with a view to contributing to the efforts of the international community against terrorism. As a result, it drew up the new Convention on the Prevention of Terrorism which was opened for signature at the 3rd Summit of Heads of State and Government of the Council of Europe in May 2005. The convention aims at enhancing states' efforts to prevent terrorism and its negative effects on the full enjoyment of human rights, in particular the right to life, by measures to be taken at national level and through international co-operation. It defines three new principal offences: public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism, which are considered to be terrorist offences in so far as they are connected with the possible perpetration of the offences included in the international conventions against terrorism. Furthermore, it contains several provisions concerning the protection of human rights and fundamental freedoms, including grounds for refusal of extradition and mutual assistance and a provision on the protection of the victims of terrorism. This publication contains the text of the convention and its explanatory report, which is intended to facilitate the reader's understanding of the convention and its operation.

Author: Isidoro Zanotti
Publisher: BRILL
ISBN: 9047408721
Category : Law
Languages : en
Pages : 451

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This work provides indispensable access to an intricate and complex network of legal rules on extradition found in multilateral treaties and conventions, with specific emphasis on extradition in the Americas. It covers the historical development of the multilateral approach and presents a survey of the steps taken and work accomplished by organs of the Organization of American States with respect to updating the multilateral rules on extradition within the inter-American system. The analysis covers provisions of multilateral conventions of worldwide scope whose purposes are to prevent or repress specific categories of offences and compares the Inter-American Convention on Extradition with other multilateral treaties and conventions on that matter. The materials compiled in this volume give a welcome insight in the codification of law and constitute a fundamental tool for judicial cooperation in the Inter-American context.

Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9004165312
Category : Law
Languages : en
Pages : 643

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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 CriminalProceedings, 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).