Active personality and non-extradition of nationals in international criminal law at the dawn of the twenty-first century : adapting key functions of nationality to the requirements of International Criminal Justice

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Active personality and non-extradition of nationals in international criminal law at the dawn of the twenty-first century : adapting key functions of nationality to the requirements of International Criminal Justice

Type: Doctoral Thesis
Title: Active personality and non-extradition of nationals in international criminal law at the dawn of the twenty-first century : adapting key functions of nationality to the requirements of International Criminal Justice
Author: Deen-Racsmány, Zsuzsanna
Publisher: E.M. Meijers Institute of Legal Studies, Faculty of Law, Leiden University
Issue Date: 2007-06-20
Keywords: Active personality principle
European Arrest Warrant
Extradition
Globalization
Surrender
Non-extradition of nationals
Jurisdiction
International criminal law
International Criminal Court
International cooperation in criminal matters
Abstract: In the era of international(ized) criminal courts and tribunals, classical concepts of international criminal law such as principles and rules of extradition and of extraterritorial jurisdiction have fallen into oblivion. At the same time, globalization and the establishment of international criminal jurisdictions have brought about fundamental changes of relevant attributes of the international system, justifying and necessitating renewed scholarly attention for these seemingly over-analyzed phenomena. Due in major part to these systemic changes, the non-extradition of nationals increasingly comes under fire. As a consequence, several attempts were undertaken in recent years to disallow or at least considerably limit it. Focusing on two such endeavors (under the European Arrest Warrant and in the context of the International Criminal Court), this study attempts to identify the status and the role of the non-extradition of nationals and of its counterpart, the active personality principle in international (criminal) law. Recognizing that the non-extradition of nationals cannot be easily discard, in theory or in practice, the author considers ways to adapt these long-standing features of international cooperation in criminal matters to the requirements of international criminal justice.
Description: Promotor: C.J.R. Dugard
With Summary in Dutch
Faculty: Faculteit der Rechtsgeleerdheid
Citation: Deen-Racsmány, Z. , 2007, Doctoral Thesis, Leiden University
Series/Report no.: E.M. Meijers Instituut
MI 126
Handle: http://hdl.handle.net/1887/12098
 

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application/pdf Title page_Contents_ Acknowledgements 54.90Kb View/Open
application/pdf Chapter 1 104.0Kb View/Open
application/pdf Chapter 2 237.3Kb View/Open
application/pdf Addendum to Chapter 2 26.48Kb View/Open
application/pdf Chapter 3 183.7Kb View/Open
application/pdf Chapter 4 300.5Kb View/Open
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application/pdf Chapter 7 275.4Kb View/Open
application/pdf Chapter 8 54.28Kb View/Open
application/pdf Summary in Dutch 46.04Kb View/Open
application/pdf Bibliography 98.66Kb View/Open
application/pdf Index 38.92Kb View/Open
application/pdf Curriculum Vitae 18.55Kb View/Open
application/pdf List of Meijers publications 38.12Kb View/Open

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