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ASYLUM AND EXTRADITION UNDER INTERNATIONAL LAW: AN ANALYSIS


Project topic for Law department

CHAPTER ONE

GENERAL INTRODUCTION

The main problems which led to this work includes the various issues involved in the acceptance of an individual citizen of a particular country in another country under the circumstances knows as asylum and how such transactions affects the relation between both countries.

The issues involved in transfer of such an individual back to the country which he is sought to be prosecuted for an offence he has committed which is known as extradition is also one of the problems that led to this research.  In other to properly analyze these main problems, the following ancillary problems are considered.

  • What are the principles and procedures guiding asylum processes?
  • How is asylum a right under international law?
  • How is extradition practiced and what are its limitations?
  • What are the various extradition laws and treaties under international law?  
  • Objectives of the Research
  • The main objective of this research is to analyze the concepts of asylum and extradition under international law. In other to achieve this main objective, the following ancillary objectives are to be considered.
  • To know the various principles and procedures guiding asylum.
  • To examine how asylum is a right under international law.
  • To examine the practice of extradition and it limitations.
  • To identify extradition laws and treaties in some countries.          
  • Justification of the Study
  • This write up tries to elucidate the concept of asylum and how it should be sought. Citizens of other countries might be faced with challenges of facing prosecution from their parent country or it might be that he has been tortured by the government and they are seeking refuge in another country.
  • Also, certain persons might want to escape punishment for certain offences by absconding from the country where this crime was committed and if laws are not put in place that would enable suspected criminals to be repatriated to face trial, these criminals would go unpunished. Extradition laws which are put in are moduled to create atmospheres between countries in the world.
  • In ascertaining the laws that guide extradition and asylum, the seekers of these international law remedy would be able to know what it entails to seek them and how to seek them at the appropriate time.
  • This essay has outlined all these processes on how this international law remedies could be achieved. By stating these procedures, prospective applicants would be able to adequate verify the laws and how applicable they would be certain circumstances.  
  • Scope and Limitation of the Study
  • This research is on the international law concepts of asylum and extradition, as a result, the scope of the study covers the whole international scene. It also contains the legal framework of extradition, covering the legal framework of extradition in Nigeria, legal framework of extradition in India, legal framework of extradition in United Kingdom to enable us have idea on how extradition is practiced. The study is however limited by the fact that the laws and treaties are not codified and are not domesticated by most countries. Also, the materials are scare and hardly reachable.  
  • Research Methodology
  • The methodology adopted for this research work is doctrinal method. It refers to a way of conducting research which is usually thought of as “typical legal research”. It encompasses both primary and secondary materials sourced from the libraries. Primary sources focuses on case-law, statutes and other legal sources while secondary sources are books, journals and websites. This documentary aids shall be keenly perused through, their provisions scrutinized and the cases reviewed. The research of this work will be done through extensive use of the law library which is the permanent place of research, assisted by internet browsing. Clear acknowledgement will be cited by way of footnotes and references. Thus, statutes such as the Universal Declaration of Human Rights, Extradition Treaties as it relates to few countries, The European Convention on Extradition 1951, the United Nations (UN) Model Treaty on Extradition, Convention on Territorial Asylum adopted by the Organization of American States in 1954, Nigerian Extradition Act 1966, United Nations Refugees Convention 1951, among others will be used.
  • Organizational Layout
  • This work is divided into five chapters. Chapter one contains the general introduction which includes the background to the study, the statement of the problem, objective of the research, scope of the research, research methodology and the organizational layout.
  • Chapter two contains the conceptual clarification of the concepts of international law, treaties, extradition, rendition, non-refoulement, refugee and asylum. It also contains the history of asylum and extradition and the forms of asylum.
  • Chapter three contains the analysis of extradition and the rights to an asylum which include the state of modern extradition and practice, exceptions and limitations of extradition laws like dual criminality, specialty and political offence exception. It also contains extradition and human rights violation, right of a state to grant asylum, right of an individual to be granted asylum, right of an individual seek asylum and the right of asylum in municipal law.
  • Chapter four contains an overview of the principle of non-refoulement, procedures for asylum and the legal framework of extradition in other jurisdiction which include the principle of non-refoulement, procedures for asylum. It also contains the legal framework of extradition, covering the legal framework of extradition in Nigeria, legal framework of extradition in India, legal framework of extradition in United Kingdom.
  • Chapter five contains the conclusion which are summary, findings and recommendations.



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