An Analytical Study On Global Extradition Laws And Policies: A Comparative Perspective
- IJLLR Journal
- May 5
- 1 min read
Harsh, B.B.A.LL.B. (Hons.), Law College Dehradun, Uttaranchal University
Mr. Vatsal Chaudhary, Assistant Professor, Law College Dehradun, Uttaranchal University
ABSTRACT
Extradition is important in combating international crime due to the structure it has which allows member states to enact the surrender of a fugitive or a person who stands accused to the jurisdiction making the request, which in this context would be another nation. This article deals with the broader issues of the history, principles and problems of extradition in different countries, while also providing a comparative approach. Emphasis is placed on the major legal theories which have a bearing on extradition proceedings globally, like the political offence exception, the specialty principle, and double criminality. Important jurisdictions, such as the United States of America, European Union, Asia & Africa, are discussed to show how national laws, international treaties, and political factors affect the different methods.
The article explores the conflict between sovereignty and international obligations mentioning how human rights are becoming more important in extradition matters. New concerns such as extradition pertaining to cyber and financial crime highlight the need for flexible rules. Moreover, the article considers changes that could enhance the clarity and unity of the practice regarding requests for extradition. This article offers a comparative analysis, which emphasizes the difficulties in accommodation of state interests, legal duties and concerns of international justice. It ends with suggestions on moving towards greater uniformity of extradition regimes in order to facilitate the processes and respect human rights in exacerbated globalization and technological development.
Keywords: Extradition Laws, Transnational Crime, Human Rights, International Cooperation, National Sovereignty, Fugitives, Bilateral Treaties
