Comparing the Machineries of Extradition: Between Functional and Cultural Approaches.

This article provides a comparative analysis of three legal surrender mechanisms: international extradition between sovereign states, interstate rendition within the United States, and the European Arrest Warrant (EAW) system in the European Union. While all three serve the function of transferring suspects or convicts across jurisdictions, they differ significantly in their legal sources, procedures, and cultural contexts. International extradition relies primarily on bilateral or multilateral treaties with considerable executive discretion and procedural heterogeneity; U.S. interstate rendition is constitutionally mandated, highly uniform, and judicially enforceable with minimal grounds for refusal; the EAW represents a hybrid model emphasizing judicialization, mutual recognition, and streamlined procedures, yet retains some political and legal complexities. These differences reflect the historical, political, and cultural environments shaping each regime, illustrating how legal techniques adapt to and influence their broader legal cultures and integration projects.