The need for a structured approach to extradition between China and New Zealand

<p>New Zealand will increasingly be confronted with human rights issues arising from the extradition of individuals to China due to perceived inadequacies in China’s criminal justice system and the practice of using force to extract confessions by China’s law enforcement agencies. This thesis examines the failings of New Zealand’s current ad hoc extradition system with its reliance on diplomatic assurances to guarantee fair trial rights and protection against torture for individuals extradited to China. Due to these inadequacies it is possible that the only way in which New Zealand can fulfil its obligations under the United Nations Convention against Corruption in cases involving corruption is for New Zealand to exercise its extraterritorial jurisdiction as an alternative to extradition. The Law Commission’s approach in its 2016 report recommending changes to the Extradition Act 1999 fails to comprehend the essential role bilateral treaties are likely to play in terms of New Zealand’s extradition relationships with countries such as China in the future. It is argued that a more structured approach is needed by concluding a legally binding treaty with China that provides for specific human rights guarantees and a monitoring regime. This treaty should also allow either state party to offer to try an individual sought for extradition by exercising the requested party’s extraterritorial jurisdiction as an alternative to extradition. Furthermore, consideration should be given to expanding the scope of New Zealand’s extraterritorial criminal jurisdiction in cases involving individuals requested for extradition under the treaty.</p>

The need for a structured approach to extradition between China and New Zealand

<p>New Zealand will increasingly be confronted with human rights issues arising from the extradition of individuals to China due to perceived inadequacies in China’s criminal justice system and the practice of using force to extract confessions by China’s law enforcement agencies. This thesis examines the failings of New Zealand’s current ad hoc extradition system with its reliance on diplomatic assurances to guarantee fair trial rights and protection against torture for individuals extradited to China. Due to these inadequacies it is possible that the only way in which New Zealand can fulfil its obligations under the United Nations Convention against Corruption in cases involving corruption is for New Zealand to exercise its extraterritorial jurisdiction as an alternative to extradition. The Law Commission’s approach in its 2016 report recommending changes to the Extradition Act 1999 fails to comprehend the essential role bilateral treaties are likely to play in terms of New Zealand’s extradition relationships with countries such as China in the future. It is argued that a more structured approach is needed by concluding a legally binding treaty with China that provides for specific human rights guarantees and a monitoring regime. This treaty should also allow either state party to offer to try an individual sought for extradition by exercising the requested party’s extraterritorial jurisdiction as an alternative to extradition. Furthermore, consideration should be given to expanding the scope of New Zealand’s extraterritorial criminal jurisdiction in cases involving individuals requested for extradition under the treaty.</p>

Russia and International Law in 2000–2020: 100 Theses About Facts and Trends

The paper is an overview of the international legal stances of Russia, which were formed in the period from 2000 to 2020. The application of international law within the legal order of Russia is complicated by inconsistency of the Russian monistic concept, unclear status of customary law and general principles of law; lack of a developed judicial tradition. The Russia’s treaty policy comprises wide participation in general U.N. treaties, as well as bilateral treaties in the field of economic cooperation and legal assistance; unwillingness to participate in treaties, if this may entail negative political consequences. Russia backs down from some minor territorial claims in order to ensure stability; in some cases, she does not formulate a clear legal stance, limiting herself to political statements; she refuses to use judicial mechanisms, preferring bilateral negotiations and/or maintaining the status quo, and does not make efforts to create coalitions that support its claims. Russia uses international organizations rather as political fora, and not as a mechanism to create new legal order; she often takes a passive position when considering issues that do not affect its interests; she makes efforts to use the U.N. mechanisms, but sometimes lacks allies and trust from other members of international community. Russia recognizes the jurisdiction of international courts, but takes a passive position by rarely filing suits, objecting to jurisdiction and refusing to participate in the proceedings. The postSoviet international courts are politicized and do not make a serious contribution to the development of integration law. Russian doctrine is experiencing a serious crisis, which is caused by various reasons and can hardly be overcome by the efforts of the corporation itself

Exchange of Information and Bank Deposits in International Financial Centres

This paper assesses the impact of exchange of information on foreign-owned bank deposits in international financial centres (IFCs). IFC deposits declined globally by 24% or USD 410 billion during 2008 to 2019. The commencement of automatic exchange of information is associated on average with a 22% reduction in IFC bank deposits held by non-IFC jurisdictions. Increasing multilateral expansion of exchange of information on request seems to diminish marginal gains of new bilateral treaties. IFC jurisdictions specialising in banking activities have been mostly affected by increasing tax transparency. A comprehensive multilateral approach is thus fundamental for successfully increasing international tax transparency.

Part V Subject Matter, Ch.30 Freshwater Resources

This chapter traces the evolution of the legal regime for environmental protection of shared watercourses. Codification of international water law began only in 1970, when the International Law Commission (ILC) started to work on a draft convention on the law of the non-navigational uses of international watercourses. After close to a quarter of a century, five rapporteurs, and fifteen reports, the ILC completed its work and adopted the draft United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (Watercourses Convention). In parallel, the United Nations Economic Commission for Europe (UNECE) Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Water Convention) was adopted in 1992, and entered into force in 1996. The chapter then analyses and compares the environmental provisions of these two global Conventions. It also considers the influence of the two Conventions on the environmental provisions of subsequent regional and bilateral treaties.

Internationalism, Diplomacy and the Revolutionary Origins of the Middle East's ‘Northern Tier’

Through bilateral treaties between Moscow, Ankara, Tehran and Kabul, revolutionary diplomacy shaped the ‘Northern Tier’ of the Middle East in the early 1920s. This article argues that the infamous Young Turk leaders, though in exile after the First World War, remained at the centre of a significant moment in transnational revolutionary diplomacy in Eurasia. Based on a hitherto underutilised collection of published and unpublished private papers in juxtaposition with other archival sources, this article illustrates the working of a dual process of internationalism. While campaigning for Muslim internationalism, the Young Turk leaders were able to partake in international politics, but ironically reduced their own legitimacy and capacity as non-state actors by championing revolutionary bilateralism between Turkey, Iran, Afghanistan and Soviet Russia.

A Treaty for the Rich and Politically Loyal? Explaining the Bilateral Center-Region Treaties in Post-Soviet Russia

This paper studies the signing of bilateral treaties between the federal and regional governments of Russia in the period of 1994–1998. Fuzzy-set Qualitative Comparative Analysis of 64 cases suggests that by signing bilateral treaties in exchange for political support President Yeltsin built a broad coalition with subnational leaders. This strategy allowed Yeltsin to win the 1996 presidential election but, in the long run, contributed to the preservation of authoritarian enclaves in Russia. The results are in line with the argument that authoritarian consolidation in Russia during the 2000s was deeply embedded in the center-region relations of the 1990s.

Recouping proceeds of corruption: is there any need to reverse extant trends by enacting civil forfeiture legal regime in Nigeria?

Purpose The aim of this study is to investigate how Nigeria can seek legal assistance on recovery of its stolen assets to reduce corruption and to ensure no sheltered havens for incomes from corruption. Design/methodology/approach The research adopts a conceptual method by using existing literature with the application of doctrinal legal research technique. The research likewise uses primary and secondary sources of legislations such as legislative provisions, case laws and the provisions of Chapter V of the United Nations Convention against Corruption and the process of asset recovery. The study compares the United Kingdom, USA, Hong Kong in China, South Africa and Nigeria proceeds of corruption recovery laws to gain basic legal features that would be beneficial to Nigeria in reforming its anti-corruption laws. Findings The principle of territorial sovereignty under the international law makes the offence of corruption not punishable outside the jurisdiction of the state where the offence was committed. As a result, some developed states boost their economy with these proceeds and the developing states are impoverished. There is also an allegation of discrepancies in the figures of funds recovered by the anti-corruption agencies. Thus, there is the need for transparency; law on civil forfeiture of proceeds of corruption; bilateral treaties; and mutual legal assistance on investigation, confiscation among countries for tracing and returning of proceeds of corruption. Research limitations/implications The estimates of the volume of assets looted from Nigeria vary widely because of the complexity of collecting data on proceeds of corruption as official statistics on proceeds of corruption recovered do not exist as each anti-corruption agency occasionally makes pronouncements on the volume of assets recovered without any breakdown in terms of assets seized, nature of assets and their locations and its values. Such data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness. Practical implications Considering the clandestine manners corruption is being committed, it is tasking to correctly evaluate the amount of money stolen so, their economic impacts on the nation’s economy. Social implications Absence of accurate data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness. Originality/value The study offers modules on management of proceeds of corruption by establishing “Assets Management Commission” and “Proceeds of Corruption Forfeiture Funds” for reparation of victims’ of corruption. The study suggests the necessity for civil forfeiture of proceeds of corruption, which is presently lacking, and creation of Proceeds of Corruption Recovery and Management Commission to manage such proceeds and advocate establishment of “Proceeds of Corruption Forfeiture Funds” for reparation of victims of corruption.

The Birth of the Cultural Treaty in Europe's Age of Crisis

Bilateral treaties are an age-old tool of diplomacy, but before the First World War they were only rarely applied to the world of intellectual and cultural relations. This article explores the process by which diplomatic agreements on intellectual and cultural exchange came instead to be a common feature of interwar European international relations by contrasting two types of agreements identified by period observers: ‘intellectual’ accords, typified by the agreements France signed in the 1920s, and ‘cultural’ treaties, advanced by fascist Italy in the 1930s. Comparing France and Italy's use of such agreements in Central-Eastern Europe reveals that Italy's fascist regime responded to the crises and opportunities of the interwar period by developing a distinctive model of ‘cultural treaty’ that applied state power to international cultural exchange, and mobilised the idea of ‘culture’ itself, in a new and influential manner.

Normative Judgment, Realism, and International Law

A strand of thought within international relations realism claims that international law, understood as the dense network of multilateral and bilateral treaties, customary law, and institutions tasked with interpreting and applying them, cannot have meaningfully legal authority. This chapter traces the genealogy of the realist take on international law to a problematic use of the rational choice model for state behavior. Namely, realists derive skeptical positions about the authority and value of international law by using the rational choice model applied to states prescriptively rather than merely descriptively. With parsimonious assumptions about instrumental rationality, preferences, and choice situations, realists have put the model to good use to explain state action in the context of international politics. But they go much further, by taking the rational actor model to articulate an implicit moral ideal for states.