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Developments in Mutual Legal Assistance and Extradition at the International Level (From Resource Material Series No. 65, P 15-38, 2005, Simon Cornell, ed. -- See NCJ-210203)

NCJ Number
Hans G. Nilsson
Date Published
March 2005
23 pages
This article analyzes the changes that have taken place during the past 15 to 20 years in the field of extradition and in mutual legal assistance.
The focus of the paper is on the major trends that have occurred at the United Nations (U.N.) level, with particular attention to the two major examples of international cooperation at the international level: the 1988 U.N. Convention Against Trafficking in Narcotic and Psychotropic Substances and the 2000 U.N. Convention Against Transnational Organized Crime. The developments within the Council of Europe are also examined, including the recently concluded Convention on Cybercrime that has the potential to encourage and facilitate international cooperation in the area of computer crime and cyberspace investigations. Developments within the European Union are similarly discussed, followed by a detailed analysis of extradition/surrender processes at the United Nations and European Union levels. The concept of mutual recognition is described, as are aspects of the European Arrest Warrant and mutual legal assistance. International initiatives against money laundering and terrorism within the European Union are examined, many of which have taken the form of binding legislation, such as the Framework Decision on money laundering. As this article demonstrates, there is an impressive array of initiatives and legislative activity in the realm of international cooperation regarding extradition and mutual legal assistance. Footnotes