"Extradition Revisited: A Perspective from International Law"

Author: Liu Yajun
Publisher:
Publish Date: 2004-01-01
Features: Extradition is an interdisciplinary field encompassing international law, international criminal law, and criminal procedure law, as well as a closely integrated issue of theory and practice. The study of extradition legal systems requires not only a comprehensive and integrated examination of the multidisciplinary issues involved in extradition itself but also an understanding of the latest trends in extradition legal systems and the recent practical realities of extradition. It also demands a thorough and in-depth grasp of theories related to extradition. Based on his knowledge reserves, the author of this book adopts an international law perspective to develop the following line of reasoning: the purpose of extradition is to punish crimes; punishing crimes first requires determining jurisdiction; jurisdiction is part of state sovereignty; when extraditing individuals accused of international crimes violating human rights, issues of immunity may also arise. The realization of extradition requires cooperation between states. Respect for sovereignty and the protection of human rights are prerequisites for international criminal judicial cooperation. The theoretical value of this book lies in its comprehensive and integrated exploration of issues such as sovereignty, human rights, and public order in extradition, breaking the limitations of previous studies that focused solely on interstate extradition issues. The book's arguments on the specificity of extradition from sovereign states to international organizations, as well as its analysis of the unique aspects of the criminal suspect transfer system between mainland China and Hong Kong and Macau, have, to some extent, enriched and developed theories and legal systems of extradition.