Date of Award

3-2004

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

Abstract

Extradition is an ancient legal practice which has in recent decades become both increasingly controversial and increasingly important. Traditionally, the controversies and exigencies of the extradition process have focused on the two sovereign states (sending state and receiving state) involved in the process. The third actor, the extraditee or subject of the process, was accorded comparatively little attention and almost nothing in the way of individual rights. The emergence of an international human rights movement in the aftermath of World war II encouraged a new focus on the extraditee as not merely a subject of the extradition process but as an active participant in the process. More importantly, the emergence of the human rights movement led to the acceptance of the notion of the extraditee as a legal subject entitled to legal rights, "thus placing some limitations on the power of the respective sovereigns that historically did not exist."

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