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Political Asylum and Extradition in International Law


Author: Valentin Tudorică
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2007
Scientific adviser: Oleg Balan
doctor habilitat, professor, Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 16 December, 2006
Approved by NCAA on the 14 June, 2007

Abstract

Adobe PDF document0.26 Mb / in romanian

Thesis

CZU 341.43 (478) (043.3)

Adobe PDF document 4.61 Mb / in romanian
151 pages


Keywords

agreement, additional act, asylum, asylant, cooperation, convention, expulsion, ex officio, encroachment, extradition, diplomatically asylum, interference, instance, intervention, law, legality, moving off, non-intervention, rule, re-extradition, refuge, refugee, reference, refugee statute, suzerainty

Summary

The drown up doctorate thesis, has his origine in the actuality, reflected so many times during the crises of the last years of the XX-th century. The numerous crises which influenced our area, crises wich generated important waves of political asylum applicants, brought into prominence a large number of dificulties included in the actual law's and the low capacity of the institution's with responsabilities in managering such crises.

The evidence of the difficult functioning of the offender's extradition mechanism and becouse this institution is working in connection with the asylum institution, influenced us to treat them together with a view to point aut the way they are functioning and what is to be done so that this two important institutions to become useful to the jurist's and to those which are working in this field.

This large undertake in cunection with the political asylum, is due to the poorness of the practical and theoretical studies and legislations manifsted and appeared in this domain; we treated it in this maner becouse the elaborated studies are done in conection with the migration or with the stranger's status, generating a lot of confusion and the mantaing of several institutions which insure function of this institutions, in the prejudice of the political asylum status requiers.

In the same time, we considerd it as useful to put the accent on the political asylum becouse this institution can't be asimilated to the refugee status not now, not in the future the same, in spite of their together using, meeted frecvently in several teoretical studies and rules, which created important confusions.

Treating this subject in the content of a doctorate thesis, can be also very usefull, at the moment of profound analyses regarding it's evolution in the future, at the moment of Romania's and Moldavian's Republic inclusion in the E.U. and the intention of transforming the states from the est side of Europe, in states of potential hospitality of asylants.

The way we treated this subject, other why very ample, becouse of the problematic it includes, intended first to clarify the defining aspects of the analysed institutions, to present the concernigs at the international, regional and national level in conection with the asylum and extradition of the defenders, to detail some procedural aspects, by comparative studies, both in the internal practice and at regional level too.

Not at last, the thesis intended to put an accent on the way in which the asylum is reflected in the U.N. documents and not in the way in wich it is reflected in some of the regional or national documents.