Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.642112
Title: The relationship between international law and Scots criminal law under reference to extradition, mutual legal assistance and proceeds of crime
Author: Brown, Alastair Nigel
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1999
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Abstract:
A theoretical foundation is laid, noting that treaties require legislative transformation before they take effect in municipal law (other than as interpretative tools in limited circumstances). Criminal courts have, however, not always applied that theory rigorously. Nor have they handled treaty interpretation well. Anglocentricity pervades UK extradition law and, notwithstanding the reform of the law in 1988 and 1989, both municipal law and the UK's international arrangements remain in some respects a poor fit with Scots law. Issues arising from that are explored. It is noted that further development is likely to occur in the context of the Third Pillar of the EU. More generally, it is demonstrated that the Extradition Act 1989 entrenches the dominance of municipal law. Furthermore, courts tend to apply concepts drawn from more general municipal law to the determination of extradition law questions. These (and other) factors justify the view that municipal law has priority in the UK's approach to extradition; though obligations under ECHR may in some circumstances take precedence. Indeed, those obligations sometimes conflict with obligations under extradition treaties. Mutual legal assistance has a much smaller literature than extradition and is therefore analysed more comprehensively in the thesis. The pattern of municipal law priority is repeated; but it becomes clear that policy makers have not always demonstrated a firm grasp of the principles of municipal law to which they have sought to give such priority. The writer has previously published a detailed analysis of proceeds of crime law and comprehensive analysis is not, therefore, required in the thesis. The development of the law is described and it is shown that municipal law and international law have developed in parallel. The influence which international law has exerted on municipal law has been limited. Ultimately, 2 conclusions are drawn. The first is that the relationship between international law and Scots law is not merely unexplored. It is also underdeveloped. The second is that the relationship depends substantially upon the varying policy priorities of UK governments.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.642112  DOI: Not available
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